United States: New Year, New Laws: Compliance Challenges U.S. Employers Face In 2015

Although this year's labor- and employment-related legislative activity was down slightly from that of 2013 – in part due to congressional gridlock – by no means was 2014 insignificant. Throughout the year, an influx of new and amended laws requires employers to establish, revisit, or revise policies and practices. Although the November elections changed the political landscape in Washington as well as in a number of states, the contests were not solely between candidates for office. Voters also went to the polls to voice their position on ballot initiatives benefitting employees. On these issues, voters resoundingly approved pro-employee measures. Approval of these ballot measures suggests that employers could face even more new state and local mandates in the years ahead.    

While our attention pivots to 2015, which brings a bevy of new compliance obligations for employers, we must also examine what transpired the past 12 months to understand continued and emerging challenges employers will confront in 2015 (and possibly in future years).1

A divided Congress may have forestalled federal legislative changes, but the legislative gridlock at the federal level accelerated efforts by state and local jurisdictions to pass more labor and employment laws. As highlighted below, the types of new and amended laws, as well as the level of legislative activity, run the gamut. Although wage and hour is the standout issue, states and localities also enacted measures concerning alternative dispute resolution, background checks, benefits, contingent workers, discrimination, leaves of absence, notices, posting, privacy, recordkeeping, reductions-in-force, retaliation, taxation, unemployment, whistleblowing, workers' compensation and workplace safety. While it is no surprise that California enacted the most employment laws in 2014,2 large and small states from every corner of the country also took action impacting employers. 

State and local legislators made boosting lower-paid employees' wages a priority this year. In 2015, the minimum wage rates in at least 24 states will change; 25 if Nevada elects to change its rate.3 Moreover, Maryland has scheduled two increases: one in January and another in July 2015. Additionally, New York will continue its recent tradition of increasing minimum wage rates on New Year's Eve, with increases scheduled to take effect on December 31, 2014, and again on December 31, 2015. Employers in northern California's greater Bay Area will see four cities establish or increase their local minimum wage to an amount above the state rate, which is already higher than the federal minimum wage. 

State and local elected officials also sought to improve employee well-being by mandating paid sick leave. There was a noticeable uptick in paid sick leave legislation in 2014. California and Massachusetts created measures that will take effect in 2015, doubling the number of state-level jurisdictions with paid sick leave requirements.4 Local jurisdictions, however, continue to outpace states in enacting paid leave legislation. For example, in 2015, there will be more local paid sick leave laws in various New Jersey jurisdictions than exist at the state level nationwide. Shortly after California enacted a statewide law, voters in Oakland joined their neighbors in San Francisco by approving a paid sick leave measure.  Although Oregon has no state-level requirement, paid sick leave is required in the city of Portland, and will soon be required in the city of Eugene.5

There also is a burgeoning trend toward extending employment protections to non-employees. In 2015, California and Illinois will grant interns fair employment protections. This nearly doubled the overall number of states that do so, beyond just the District of Columbia, New York and Oregon. 

The picture of compliance challenges in 2015 is not complete without an understanding of both regulatory and legislative changes. Just as the federal legislative gridlock prompted state and local governments to pass legislation similar to that stalled in Congress, the federal gridlock also prompted the Obama Administration to make changes through rulemaking, with some of these changes expected in 2015.6 Legal obligations have become increasingly dynamic, so static employment guidelines, handbooks and trainings provide employers no refuge. Maintaining and providing up-to-date policies and practices is made more daunting by staggered effective dates for various new laws and regulations. Accordingly, employers must make diligent efforts to ensure compliance obligations are timely met at the federal, state and local levels. To assist employers, the chart below briefly summarizes select federal, state and local changes that will occur in 2015. 

Laws Effective December 31, 2014

Jurisdiction

Item

Main Topic

Summary

New York

SB 2607 (2013)

Wage & Hour

Minimum wage increases to $8.75 per hour.

New York

Hospitality Wage Order7

Wage & Hour

Tipped employee maximum tip credit increases and varies by type of tipped employee. Provides increases to meal and lodging credit; uniform maintenance rates; and minimum salary requirement for exempt executive and administrative employees.

New York

General Wage Orders

Wage & Hour

Provides increases to meal and lodging allowance; tips; uniform maintenance; and minimum salary requirement of exempt executive and administrative employees.

New York

Building Services Wage Order

Wage & Hour

Provides increases to unit rate for janitors in residential buildings; minimum weekly wage; allowances for utilities; uniform maintenance rate; and minimum salary rate of exempt executive and administrative employees.

 

Laws Effective January 1, 2015

Jurisdiction

Item

Main Topic

Summary

Arizona

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $8.05 per hour.

Arkansas

Issue 5 (Minimum Wage Initiative)

Wage & Hour

Minimum wage increases to $7.50 per hour, with increases in January 2016 and 2017.

California

AB 2617

Alternative Dispute Resolution

Prohibits requiring an individual to waive the right to file a civil rights charge with the government or a lawsuit in court as a condition of entering into a contract for goods or service. Requires knowing and voluntary written waiver.

California

SB 1034

Benefits

Prohibits imposing any waiting or affiliation period in addition to any waiting period imposed by an employer for a group health plan on an otherwise eligible employee or dependent. Amends requirements concerning eligibility for coverage exclusion.

California

AB 2047

Civil Procedure

Clarifies that the statute of limitations for liquidated damages for various labor code violations is the same as that for the underlying violation.

California

AB 1897

Contingent Workforce

 

Provides that a client-employer is jointly liable with the labor contractor for wage and hour and workers' compensation law violations.

California

AB 1443

Discrimination

Extends anti-discrimination and harassment protections to interns and volunteers, and broadens categories of programs subject to this prohibition.

California

AB 1660

Discrimination

Undocumented aliens can obtain a driver's license that displays a notice stating the license does not establish eligibility for employment. Employers cannot discriminate against individuals possessing or presenting such licenses.

California

AB 15228 / DLSE Documents

 

Leaves of Absence

 

New paid sick leave law's notice, posting, and wage statement requirements take effect. (See below, Laws Effective July 1, 2015). The state's labor department issued a template paid sick leave poster and wage theft protection act notice.

California

AB 2536

Leaves of Absence

Volunteer emergency leave law's definition of emergency rescue personnel is expanded to include an officer, employee, or member of a disaster medical response entity sponsored or requested by the state.

California

AB 17109

Privacy

Expands data security breach requirements to businesses that maintain computerized data involving California residents' personal information. Requires businesses to offer identity theft prevention services to affected individuals. Strengthens protections concerning Social Security numbers.

California

SB 1131

Taxation

For withholding law purposes, an employee does not include any member of a limited liability company that is treated as a partnership for federal income tax purposes.

California

SB 1306

Various

Permits same-sex marriage, and recognizes out-of-state same-sex marriages.

California

SB 1360

Wage & Hour

A required rest or recovery period is counted as hours worked.

California

Exempt Computer Software Employee Pay Requirements

Wage & Hour

Computer software professionals are exempt from overtime if their hourly rate of pay is no less than $41.27. If paid on a salary basis, the employee must earn an annual salary of no less than $85,981.40, be paid at least once a month, and be paid a monthly amount of no less than $7,165.12.

California

Exempt Licensed Physician & Surgeon Pay Requirements

Wage & Hour

Physicians and surgeons are exempt from overtime if their hourly rate of pay is at least $75.19.

California

AB 2751

Whistleblowing

 

Increases whistleblower retaliation penalties. Creates a private right of action for unfair immigration-related practices. Amends immigration-related discrimination protections.

California

AB 1634

Workplace Safety

Generally prohibits stay or suspension of a requirement to abate a hazard found to constitute a serious, repeat serious, or willful serious violation, while the employer's appeal of the citation is pending.

California

AB 205310

Workplace Safety

Expands AB 1825 training requirements to mandate training about preventing "abusive conduct."

California

AB 326

Workplace Safety

Amends serious injury or death reporting requirements to include email.

California (Richmond)

Ordinance 11-14

Wage & Hour

 

Sets minimum wage at $9.60, and allows a $1.50 rate reduction if medical benefits are provided. Future increases will occur.

California (San Francisco)

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $11.05 per hour. 

Note: An additional increase will take effect  on May 1, 2015.

California (San Jose)

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $10.30 per hour.

California (Sunnyvale)

Ordinance No. 3047-14

Wage & Hour

Establishes a minimum wage of $10.30 per hour; yearly increases are thereafter based on the consumer price index.

Colorado

Minimum Wage Order 31

Wage & Hour

Minimum wage increases to $8.23 per hour, and tipped employee minimum cash wage to $5.21 per hour.

Colorado

SB 511

Wage & Hour

 

Amends various defined terms in wage payment laws. Also amends final wages law, enforcement provisions, and available employee remedies. Adds recordkeeping requirements and penalties.

Connecticut

HB 526912

Leaves of Absence

Amends how employer coverage is determined under paid sick leave law. Adds prohibitions.

Connecticut

SB 32

Wage & Hour

Minimum wage increases to $9.15 per hour; maximum tip credit varies depending on type of tipped employee. Additional increases will occur in January 2016 and 2017.

Delaware

HB 294

Recordkeeping

Addresses how to dispose of certain records when the employer no longer retains them.

Delaware

HB 295

Recordkeeping

Addresses destruction of documents containing personal information.

Delaware

SB 6

Wage & Hour

Minimum wage increases to $8.25 per hour.

Florida

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $8.05 per hour, and tipped employee minimum cash wage increases to $5.03 per hour.

Hawaii

SB 2609

Wage & Hour

Minimum wage increases to $7.75; for tipped employees, maximum tip credit increases to 50 cents if the employee's wage plus tips are at least $7 more than the minimum wage. Additional increases in January 2016, 2017, and 2018.

Illinois

HB 570113

Background Checks

Restricts employers' use of criminal background checks on job applicants, unless an exception exists.

Illinois

HB 814

Discrimination

Prohibits discrimination based on pregnancy. Requires reasonable accommodation of pregnant employees. Includes notice and posting requirements.

Illinois

HB 4157

Discrimination

Extends sexual harassment and sexual harassment retaliation protections to interns.

Illinois

HB 562215

Wage & Hour

Permits wage payment via payroll debit card if certain requirements met.

Maine

Announcement re: Withholding & Reporting

Taxation

Implements quarterly income tax and unemployment reporting system. Creates new forms.

Maryland

HB 295

Wage & Hour

Minimum wage increases to $8.00 per hour; for tipped employees, maximum tip credit increases to $4.37 per hour. Additional increases to occur in July 2015, 2016, 2017, and 2018. Also amends training wage and wage paid to employees in amusement / recreation establishments.

Maryland (Montgomery County)

Expedited Bill 36-14

Background Checks

Creates "ban-the-box" law for employers with 15 or more employees. Prohibits criminal inquiries, disclosures, and checks until first interview concludes, unless exception exists.

Massachusetts

SB 2195

Wage & Hour

Minimum wage increases to $9.00 per hour; for tipped employees, minimum cash wage increases to $3.00 per hour and maximum tip credit increases to $6.00 per hour. Additional increases to occur in January 2016 and 2017. Minimum wage for agriculture and farming employees also increases.

Minnesota

HF 779

Benefits

Establishes certain requirements for the provision of health insurance in Minnesota to be further in line with the federal Patient Protection and Affordable Care Act.

Minnesota

HF 2576

Civil Liability

Renders inadmissible in a private lawsuit against an employer evidence of acts committed by an employee where information relating to the employee's criminal history record was expunged before s/he committed the act at issue.

Missouri

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $7.65, and tipped employee minimum cash wage increases to $3.83.

Montana

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $8.05 per hour.

Nebraska

Initiative 425

Wage & Hour

Minimum wage increases to $8.00 per hour; for tipped employees, maximum tip credit increases to $5.87 per hour. Additional increase to occur in January 2016.

Nebraska

LB 765

Wage & Hour

Allows wage payment via payroll debit card if requirements met.

New Hampshire

SB 207

Discrimination

Prohibits conditioning employment on a promise to refrain from disclosing wages, or waiving the right to disclose wages, salary, or paid benefits, and retaliation for disclosure. Amends the statute of limitations for administrative claims and private suits. Includes notice and posting requirements.

New Jersey

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $8.38 per hour.

New Mexico (Las Cruces)

Ordinance No. 2726

Wage & Hour

Establishes a minimum wage of $8.40 per hour. Sets additional increases for January 2016 and 2017, and annual increases beginning January 2018. Sets tipped employee wage rates, and creates notice, posting, and recordkeeping requirements.

Ohio

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $8.10 per hour, and tipped employee minimum cash wage increases to $4.05 per hour.

Oregon

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $9.25 per hour.

Rhode Island

S 2249

Wage & Hour

Minimum wage increases to $9.00 per hour; for tipped employees, maximum tip credit increases to $6.11 per hour.

South Dakota

Measure 18

Wage & Hour

Minimum wage increases to $8.50 per hour, and tipped employee minimum cash wage increases to $4.25 per hour. Annual updates indexed to inflation in 2016 and after.

Tennessee

SB 180816

Privacy

Restricts employer access to applicant and employee social media information and accounts, unless an exception exists.

Texas (Austin)

Ordinance No. 20140828-041

Workplace Safety

Prohibits use of portable electronic devices while operating a motor vehicle.

United States

IRS, HHS & EBSA Final Regulations re Excepted Benefits for Dental, Vision, & EAPs

Benefits

Regulations address the treatment of dental and vision benefits and employee assistance programs as limited excepted benefits, which are generally exempt from the ACA market reform requirements. Rules apply to group health plans and group health insurance issuers for plan years starting in 2015.

United States

Executive Order 1365817

Government Contractors

Minimum wage increases to $10.10 per hour for employees of certain government contractors; increases minimum wage of tipped employees to $4.90 per hour. Provides for future increases.

United States

Affordable Care Act's Shared Responsibility Provision

Healthcare

The ACA's employer "pay-or-play" mandate will generally apply to larger firms with 100 or more full-time employees as of January 1, 2015.  

United States

IRS Rev. Proc. 2014-30.

Taxation

Increases annual limitation on deductions for HSAs to $3,350 for an individual with self-only coverage under a high deductible health plan and $6,650 for an individual with family coverage under a high deductible health plan.

United States

OSHA Final Rule re 29 C.F.R. part 190418

Workplace Safety

Updates list of industries that are partially exempt from OSHA recordkeeping requirements. Expands the types of work-related injuries that must be reported.

Vermont

HB 552

Wage & Hour

Minimum wage increases to $9.15 per hour, and tipped employee minimum cash wage increases to $4.58 per hour. Sets increases for 2016, 2017, and 2018, with annual increases beginning 2019.

Virginia

SB 110

Unemployment

Creates unemployment work-sharing program allowing an employer to temporarily reduce employees' work hours in lieu of layoffs with the state paying affected employees a percentage of unemployment insurance benefits.

Washington

2015 Minimum Wage Determination

Wage & Hour

Minimum wage increases to $9.47 per hour.

West Virginia

HB 4283

Wage & Hour

Minimum wage increases to $8.00 per hour; for tipped employees, maximum tip credit increases to 70% of minimum wage. Additional increase to occur in January 2016.

West Virginia

HB 201

Wage & Hour

Employers are exempt from state maximum hours and overtime requirements (but not minimum wage) if 80% of employees are subject to federal law concerning maximum hours and overtime.

Laws Effective January 7, 2015

Jurisdiction

Item

Main Topic

Summary

Paterson, New Jersey

Sick Leave Ordinance

Leaves of Absence

Creates paid sick leave law.

Laws Effective January 15, 2015

Jurisdiction

Item

Main Topic

Summary

Vermont

HB 758

Reductions in Force

Creates mini-WARN law.

Laws Effective January 20, 2015

Jurisdiction

Item

Main Topic

Summary

Prince George's County, Maryland

CB-078-2014

Background Checks

Creates "ban-the-box" law for employers with 25 or more employees. Prohibits criminal inquiries, disclosures, and checks until after the first interview, unless an exception exists.

Laws Effective January 31, 2015

Jurisdiction

Item

Main Topic

Summary

Delaware

SB 185

Discrimination

Expands disability discrimination law to apply to employers with four or more employees.

Laws Effective February 24, 2015

Jurisdiction

Item

Main Topic

Summary

Alaska

Measure 3

Wage & Hour

Increases the minimum wage to $8.75 per hour. Additional increase will occur in January 2016. Future increases will be based on inflation. 

Alaska

Measure 2

Workplace Safety

Allows people age 21 and older to possess up to one ounce of marijuana and up to six plants.  

Laws Effective March 1, 2015

Jurisdiction

Item

Main Topic

Summary

New Jersey

SB 212419

Background Checks

Restricts covered employers from asking about or using an applicant's criminal history record when making employment decisions.

Laws Effective March 2, 2015

Jurisdiction

Item

Main Topic

Summary

Oakland, California

Measure FF

Leaves of Absence

Creates paid a sick leave law.

Oakland, California

Measure FF

Wage & Hour

Establishes a minimum wage of $12.25 per hour. Regulates service charges in the hospitality industry.

Laws Effective April 1, 2015

Jurisdiction

Item

Main Topic

Summary

Colorado

HB 1383

Workers' Compensation

Amends the required number of healthcare providers on the list of providers from which a worker can choose to seek medical treatment.

Seattle, Washington

Ordinance No. 124490

Wage & Hour

Establishes a minimum wage, which varies based on employer size. Differentiates between hourly minimum wage and hourly minimum compensation. Set increases to occur in January 2016 through 2018 and/or 2025, depending on employer size.

Laws Effective April 8, 2015

Jurisdiction

Item

Main Topic

Summary

United States

OFCCP Rule Implementing Executive Order 13672

Discrimination

Implements Executive Order 13672, prohibiting discrimination based on sexual orientation and gender identity by contractors and subcontractors.

Laws Effective May 1, 2015

Jurisdiction

Item

Main Topic

Summary

San Francisco, California

Ordinance No. 140687

Wage & Hour

Minimum wage increases to $12.25 per hour; sets yearly increases through 2018, with annual increases per cost-of-living increases beginning 2019.

 

Laws Effective July 1, 2015

Jurisdiction

Item

Main Topic

Summary

California

AB 1522

Leaves of Absence

Creates paid sick leave law. Also contains access to personnel file and recordkeeping requirements.

Mountain View, California

File 14-341

Wage & Hour

Establishes a minimum wage of $10.30 per hour. Annual increases to occur on January 1. Creates notice, posting, and recordkeeping requirements, and prohibits retaliation.

District of Columbia

B20-459

Wage & Hour

Minimum wage increases to $10.50 per hour; for tipped employees, maximum tip credit increases to $7.73 per hour. Additional increase to occur on July 2016. Annual increases to occur beginning July 2017.

Chicago, Illinois

Ordinance No O2014-9680.

Wage & Hour

Establishes minimum wage that is the greatest of: state minimum wage; federal minimum wage; or $10.00 per hour. Established increases to occur in July 2016, 2017, 2018, and 2019. Annual increases to occur beginning July 2020. Sets tipped employee wage rates, and creates notice and posting requirements. Prohibits retaliation.

Maryland

HB 295

Wage & Hour

Minimum wage increases to $8.25 per hour; for tipped employees, maximum tip credit increases to $4.62 per hour. Training wage and wage paid to employees of amusement / recreational establishment also change.

Massachusetts

Question 420

Leaves of Absence

Creates paid sick leave law.

Nevada

2015 Minimum Wage Determination

Wage & Hour

Minimum wage may change; announcement due by April 1, 2015.

New Hampshire

HB 1360

Workplace Safety

Prohibits using certain electronic devices while driving.

Oregon

Measure 91

Workplace Safety

Legalizes recreational marijuana for people ages 21 and older.

Eugene, Oregon

Ordinance No. 20357

Leaves of Absence

Creates paid sick leave law.

Laws Effective August 1, 2015

Jurisdiction

Item

Main Topic

Summary

Minnesota

SB 1775

Wage & Hour

Minimum increases to $9.00 (adult) and $7.25 (minor) for large employers, $7.25 for small employers, and $7.50 for certain hotel employers. Additional increase will occur in August 2016. Annual increases will occur beginning January 2018. Also amends training wage.

Laws Effective October 1, 2015

Jurisdiction

Item

Main Topic

Summary

Berkeley,
California

Ordinance No. 7,352

Wage & Hour

Increases minimum wage to $11.00 per hour.

Montgomery County,
Maryland

Bill 27-13 (2013)

Wage & Hour

Increases minimum wage to $9.55 per hour.

Prince George's County, Maryland

Bill 94-2013 (2013)

Wage & Hour

Increases minimum wage to $9.55 per hour.

Laws Effective December 31, 2015

Jurisdiction

Item

Main Topic

Summary

New York

SB 2607 (2013)

Wage & Hour

Increases minimum wage to $9.00 per hour; tipped employee minimum cash wage and maximum tip credit varies by type of tipped employee.

New York

Hospitality Wage Order

Wage & Hour

Tipped employee maximum tip credit increases and varies by type of tipped employee. Establishes increases to meal and lodging credit; uniform maintenance rates; and minimum salary requirement for exempt executive and administrative employees.

New York

General Wage Orders

Wage & Hour

Creates increases to meal and lodging allowance; tips; uniform maintenance; and minimum salary requirement of exempt executive and administrative employees.

New York

Building Services Wage Order

Wage & Hour

Creates increases to unit rate for janitors in residential buildings; minimum weekly wage; allowances for utilities; uniform maintenance rate; and minimum salary rate of exempt executive and administrative employees.

Footnotes

1 Information in this article was derived from Littler GPS®, the firm's subscription service that tracks and analyzes employment- and labor-related legislation and regulations. In addition to legislative and regulatory tracking and analysis, GPS subscribers also have access to a comprehensive library of surveys covering a wide variety of labor and employment issues.

2 See Christopher Cobey, Marina Gruber and Monica Ahuja, Gubernatorial Writer's Cramp: 2014 California Employment Legislation Affecting Private Sector Employers, Littler ASAP (Oct. 3, 2014).

3 See Brian Dixon and Sebastian Chilco, The Future of the Minimum Wage – 2015 and Beyond, Littler ASAP (Nov. 13, 2014).

4 Connecticut and the District of Columbia also have paid sick leave laws.

5 On July 28, 2014, Eugene, Oregon, passed a mandatory paid sick leave law, effective July 1, 2015.  However, one week earlier, the Board of Commissioners of Lane County, in which Eugene is located, passed ordinances that seek to nullify any mandatory paid sick leave laws in cities within the county. Although the conflicting legislation may need to be resolved by the courts, employers should develop and implement compliant sick leave policies until the conflict has been resolved.

6 See Ilyse Schuman and Michael J. Lotito, Some Federal Agency Rules Delayed, Others Imminent, According to Newly Released Fall Regulatory Plans, Workplace Policy Update (Nov. 24, 2014).

7 Governor Cuomo directed the state labor department to convene a wage board to review and recommend changes to regulations for food service workers and service employees. The final scheduled meeting will be held on December 10, 2014. Accordingly, pay and other requirements in the hospitality industry may change.

8 See Michelle Barrett Falconer and Pam Salgado, The Epidemic Continues: California Enacts Statewide Paid Sick Leave Law, Littler ASAP (Sept. 10, 2014).

9 See Philip Gordon and Zoe Argento, California Takes the Lead Again in Data Breach Laws, Littler Workplace Privacy Counsel (Oct. 3, 2014).

10 See Jennifer Mora and Stephanie Gail Lee, Bullying Be Gone – New California Law Makes Anti-Bullying Training For Employers' Supervisors A Must, Littler ASAP (Oct. 2, 2014).

11 See Josh Kirkpatrick and Jennifer Harpole, Wage Protection Act Makes Significant Changes to Colorado Wage and Hour Law, Littler ASAP (Oct. 5, 2014).

12 See George O'Brien and Jason Stanevich, Connecticut Amends Paid Sick Leave Statute to Provide Some Employer-Friendly Changes, Littler ASAP (June 17, 2014).

13 See Adam Wit, Darren Mungerson and Jennifer Mora, Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks, Littler ASAP (July 21, 2014).

14 See Adam Wit and Darren Mungerson, Illinois Amends the Human Rights Act to Provide Greater Protections Regarding Pregnancy, Littler ASAP (Aug. 29, 2014).

15 See Matthew Hank, Illinois Statute Clarifies Circumstances When Employers May Pay Wages Via Payroll Debit Cards, Littler Wage & Hour Counsel (Aug. 13, 2014).

16 See Philip Gordon and Joon Hwang, Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content, Littler ASAP (May 13, 2014).

17 See William Hays Weissman and Eva Podaras, Final Regulations Implementing Minimum Wage Increases on Federal Contractors, Littler ASAP (Oct. 6, 2014)

18 See Ilyse Schuman, OSHA Issues Final Rule Revising its Severe Injury Recordkeeping and Reporting Requirements, Littler Workplace Policy Update (Sept. 11, 2014).

19 See Rod Fliegel, Phil Gordon, Jennifer Mora and Keith Rosenblatt, New Jersey's "Opportunity to Compete Act" Continues the Nationwide "Ban-the-Box" Trend, Littler ASAP (Aug. 12, 2014).

20 See Adam Forman, Christopher Kaczmarek, and Carie Torrence, Massachusetts Voters Approve Paid Sick Leave Law, Littler ASAP (Nov. 7, 2014).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Authors
Michael J. Lotito
Sebastian Chilco
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You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions