While you are probably aware of the various State and Municipal Minimum Wage increases that went into effect January 1, you may not have the new poster. We have provided those posters on our website Resources webpage for your convenience. As a reminder, New York and West Virginia changes went into effect December 31, 2015. Other states including Alaska, California, Colorado, Connecticut, Hawaii, Massachusetts, Michigan, Nebraska, Rhode Island, South Dakota, and Vermont took effect January 1 and increases to the minimum wage will go into effect July 1 in Washington, DC and Maryland. August 1 will see changes to Minnesota's minimum wage. Be sure to check our Resources page for the appropriate posters for your state.
Don't forget that some counties and cities also have minimum wage regulations. We have attempted to list those on the Resources page as well. If you don't see your city or county, go to the jurisdiction's website to download a poster at no charge.
IRS Mileage Reimbursement Rate
If you reimburse your employees for business-related mileage, you will be glad to know that effective January 1, the IRS rate for business mileage reimbursement was lowered to 54 cents per mile, down from last year's 57.5 cents per mile. See details here.
OSHA Recordkeeping Form 300A Posting Deadline is February 1, 2016
Companies required by OSHA to post Recordkeeping Form 300A have until February 1 to get their records in order. Form 300 A is a summary log of work-related injuries from the previous year (2015) that OSHA requires non-exempt employers to post for employees to see between February 1 through April 30. Forms 300, 300A, 301 are available on OSHA's Illness Recordkeeping Forms Web page. You can also find the forms and instructions on the MJMS Resources webpage under Forms and Reports. California employers will find those particular forms on the same page.
Some businesses, like establishments with 10 or fewer employees, as well as certain industry sectors, are partially exempt from OSHA Recordkeeping requirements. See the exemption list which was revised effective January 1, 2015.
Changes to Federal Overtime Regulations Postponed to Mid-2016
For several months the buzz has been around the US Department of Labor (DOL) which was considering significant changes to the overtime rules and even took public comments on the proposed changes last Fall. Under the proposal, the minimum salary for an exempt employee (not eligible for overtime) would rise from the current $455/week to approximately $960/week. The salary floor for "highly compensated" employees will also be raised to a proposed $122,000/annual.
There has been considerable discussion on the proposal and the expected approval and implementation may not happen until the 3 quarter of 2016. Don't wait for the rule changes, start reviewing your employees' wages and prepare for the inevitable.
New California Laws go into Effect January 1
Once again California has a host of new employment-related laws that went into effect on January 1, 2016. We will just briefly mention key changes in this section, but will provide more detailed information in future blog posts and future newsletters.
- Employee Time Off: SB 579 amended the state's "kin care" and "school visitation leave" laws. Employers of 25 or more employees are required to allow employees to use their accrued and available sick leave to attend to the illness of a child, parent, spouse, or domestic partner of the employee, and may not deny the employee the right to use sick leave in this way.
As for "school visitation leave," it has been expanded to include use of leave to find, enroll, or re-enroll his or her child in a school or with a licensed child care provider or address a childcare provider or school emergency; and expands the list of individuals authorized to take school visitation leave to include a step-parent, foster parent, or person who stands in loco parentis to a child.
A Few Changes in Other States
California is not the only state to make changes to employment laws effective January, 2016. Here are just a few worth noting:
- Illinois: The Equal Pay Act in Illinois will now apply to all employers regardless of size and civil penalties will be imposed for violations beginning January 1st.
- New York: Amendments to the Equal Pay Law prohibits pay differences based on gender in jobs that require "equal skill, effort and responsibility" when performed under similar working conditions. Other laws now extend prohibition of sexual harassment to all employers; adds "familial status" to the list of protected traits in the NY Human Rights Law and adds a requirement that employers must provide reasonable accommodations to all pregnant employees. New York's changes are effective January 19, 2016.
- Oregon: Effective January 1, employers with 10+ employees must provide paid sick leave up to 40 hours a year--smaller employers are required to provide unpaid sick leave. Additionally, employers must provide protected leave related to domestic violence, harassment, sexual assault, and stalking, and approve any form of available paid vacation, sick, or personal leave for such absences.
- Connecticut: In case you missed it, effective October 1, 2015, employers in Connecticut are prohibited from firing, disciplining, or otherwise retaliating against an employee who refuses to provide access to their social media account.
Margaret Jacoby, SPHR, is the founder and president of MJ Management Solutions, a human resources consulting firm that provides small businesses with a wide range of virtual and onsite HR solutions to meet their immediate and long-term needs. From ensuring legal compliance to writing customized employee handbooks to conducting sexual harassment training, businesses depend on our expertise and cost-effective human resources services to help them thrive. This article first appeared on the MJ Management Solutions blog.