Monthly Archives: April 2020

Applies to:           All Employers with Employees Effective:             March 3, 2020   In Kansas v. Garcia, the U.S. Supreme Court stated that the federal Immigration Reform and Control Act of 1986 (ICRA) does not prohibit use of information contained in the federal Form I-9 from Kansas’s identity theft and false-information statutes.  This decision reversed a prior

Applies to:           All Employers with NM Employees Effective:             As Indicated   Governor Michelle Grisham recently signed a draft of bills that impact employer obligations in New Mexico, including revisions to the statewide minimum wage, addition of a “red flag” firearm law, statewide retirement, and more.  Below is a summary of the new bills, all of

Applies to:           All Employers with NJ Employees Effective:             March 10, 2020   A recent New Jersey Supreme Court case said that employers could face a disability discrimination claim if they fail to consider reasonable accommodations for medical marijuana use, even outside the workplace and after working hours.  Although the state’s Compassionate Use Medical Marijuana Act

Applies to:           All Employers with CO Employees Effective:             As Indicated   The Colorado Overtime and Minimum Pay Standards Order Number 36 (COMPS 36) went into effect on March 16, 2020, implementing a number of wage and hour regulations.  However, the Colorado Department of Labor and Enforcement made a number of changes as the wage order

Applies to:           All Employers with CA Employees Effective:             March 12, 2020   The Private Attorneys General Act (PAGA) continues to prove a thorn in employers’ sides, as a recent California Supreme Court decision determined that an employee-plaintiff can still represent other employees and sue on an employer on their behalf, even if the individual’s own

Applies to:           All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Mariana Islands Employees Effective:             March 30, 2020   When obtaining background or credit reports, the federal Fair Credit Reporting Act (FCRA) requires employers to provide the applicant or employee with a disclosure of their right to obtain a copy

Applies to:           All Employers with AR, IO, MN, MI, NE, ND, and SD Employees Effective:             January 30, 2020   The Federal Railroad Safety Act (FSRA) prohibits rail carriers from retaliating against employees who engage in protected activities.  In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, the Eighth Circuit stated that claimants

Applies to:           All Employers with CT, NH, and VT Employees Effective:             March 6, 2020   In Ramsy v. Marriott Int’l, Inc., the Second Circuit court clarified that an employee need not prove there was direct physical contact or threats in order to demonstrate that a hostile work environment exists.   In this case, an employee

Applies to:           All Employers Effective:             February 26, 2020   In Intel Corp. Investment Policy Committee v. Sulyma, the U.S. Supreme Court stated that the three-year statute of limitations for a violation of ERISA, under Section 1104 for breach of fiduciary duty, only applies where an employee had “actual knowledge” of the violation. There, an employee

IRS Issues HSA-Compatible High Deductible Health Plan Guidance in Response to COVID-19 In order to provide relief during the current COVID-19 pandemic, the IRS recently issued Notice 2020-15.  The notice allows health savings account-compatible high deductive health plans to cover COVID-19 related services, such as testing and treatment, without an annual deductible requirement, or with