In recent years there has been a marked trend involving states and localities(counties and municipalities) passing employment laws in areas beyond the traditional domain of anti-discrimination laws barring race, national origin, age, gender, and disability discrimination. This trend has accelerated during the Trump Administration as blue states and localities are going out on their own to support assorted workers' rights. HR and other executives with operations in multiple states must be alert to these laws ----new ones of which seem to pop up every day. Here are the answers to last week's a quiz designed to test your knowledge of these developments and also to demonstrate the breadth of such changes.
TRUE OR FALSE
1. Arizona has adopted a paid sick leave program that requires even small employers to provide paid sick leave to all employees based on the number of hours worked.
2. New York State has adopted a paid sick leave program that requires employers to provide paid sick leave to all employees based on the number of hours worked.
3. Wisconsin has long had a provision of law that bars discrimination on the basis of criminal conviction record unless that conviction record is substantially related to the employment in question.
4. Oregon just became the first state to adopt a law requiring employers to provide advance notice of work schedules and providing penalties when advance notice is not given.
5. Chicago is also considering adopting a law requiring advance notice of schedules.
It is against the law in Wisconsin to discriminate on the basis of sexual orientation.
7. It is against the law in Illinois to discriminate on the basis of sexual orientation.
8. It is against the law in Alabama to discriminate on the basis of sexual orientation.
FALSE. Alabama has not adopted a state law barring discrimination on this basis, and federal law has not yet barred such discrimination.
9. Illinois has adopted "ban the box" legislation which prohibits asking employees about their criminal record at any time during the interview process.
FALSE, Illinois has adopted "ban the box" legislation, as have many states and localities, but such legislation requites only that conviction record inquiries not be made on written application-----but can be made during the interview process
10. New York State has adopted a law which bars employers from asking job applicants about their prior salary history.
Keeping track of all of these changes is frankly, quite difficult and time-consuming for the busy HR executive. At PSB Legal Group and PSB Consulting we carefully track these developments as they occur. As a result please feel free to call any PSB attorney with any questions you may have on these developments, or to schedule an audit to see if you are in compliance with these and the other federal and state legal requirements.