What We’re Reading this May

At ThinkHR, knowledge makes us tick. We are always on the lookout for the latest workplace and human resources news, trends, research, and law. Here are some of the stories that caught our eye this month. A Blow to #MeToo? In a 5-4 ruling,  the U.S. Supreme Court on Monday declared that employers can force workers into arbitration, and require employees to …

Georgia Employment Law Update – May 2018

Garnishment On May 8, 2018, Georgia Governor Nathan Deal signed legislation (S.B. 194) amending the maximum part of disposable earnings subject to garnishment, as follows: The amount by which the defendant’s disposable earnings for that week exceed $217.50 (an increase of 50 cents). In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours …

Indiana Employment Law Update – May 2018

Independent Contractors and Marketplace Contractors On March 14, 2018, Indiana Governor Eric Holcomb signed legislation (H.B. 1286) specifying that a marketplace contractor is an independent contractor if all of the following apply: All or substantially all of the payment for the services performed by the marketplace contractor is related to the performance of services or other output. The services …

Kentucky Employment Law Update – May 2018

Marketplace Contractors and Independent Contractors On March 21, 2018, Kentucky Governor Matt Bevin signed legislation (H.B. 220) specifying that a marketplace contractor is not an employee of a marketplace platform so long as all of the following apply: The marketplace platform and the marketplace contractor agree in writing that the marketplace contractor is an independent contractor with respect to …

Maine Employment Law Update – May 2018

Human Trafficking Awareness Signs Required for Certain Businesses On May 2, 2018, the Maine legislature overrode the governor’s veto of S.P. 639, thereby requiring certain businesses and employers to conspicuously post public awareness signs informing the public and employees about the illegality of human trafficking and how to report it. The following entities must clearly post these signs where …

Minnesota Employment Law Update – May 2018

Minneapolis Paid Sick and Safe Time — Court Rules Ordinance Applicable to Resident Employers Only In a lawsuit brought against the City of Minneapolis in the case of Minnesota Chamber of Commerce et al v. City of Minneapolis, Court File No. 27-cv-16-15051, the Hennepin County District Court issued a temporary injunction prohibiting the City of Minneapolis from enforcing the Sick …

New York Employment Law Update – May 2018

Stop Sexual Harassment in NYC Act On May 9, 2018, New York City Mayor Bill de Blasio signed a packet of 11 bills, Stop Sexual Harassment in NYC Act, to combat workplace sexual harassment. Under the act, all private NYC employers are required to comply with the following, listed chronologically: Effective July 8, 2018, a city contractor must include …

Job applicants have disparate impact claim based on age, court says

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, breaks down Klaber v. CareFusion, an age discrimination case before the Seventh Circuit. An important victory for age plaintiffs. The U.S. Court of Appeals for the Seventh Circuit ruled last week that an outside job applicant can assert a “disparate …

Ask the Experts: Nicotine Testing

Question: We currently do not hire individuals who smoke tobacco, and we require them to take a test at time of hire to see if they have nicotine in their system. Is this a permissible practice? Answer: Generally, it is a permissible practice, but it could still pose a legal issue. While it is illegal to discriminate against an …