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Vorys, Sater, Seymour and Pease LLP
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Delaware has become the latest state to ban salary inquiries. According to the legislation, “when employers ask prospective employees for their wage or salary history, it perpetuates disparities in pay based on gender from one job into another.” And so, the Act prohibits employers from doing so. The law becomes effective in December 2017. To learn more, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2038.html

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In November 2016, New York City enacted the nation’s first “Freelance Isn’t Free Act” to establish and enhance protections for independent contractors. Effective May 15, 2017, the law gives freelance workers the right to a written contract, the right to be paid timely and in full, and the right to be free of retaliation. To learn more about these new protections, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2036.html

In July 2017, the Massachusetts Supreme Judicial Court issued a landmark decision that medical marijuana users are entitled to reasonable accommodation and may pursue handicap discrimination claims under Massachusetts law. This means that an employee using medical marijuana is protected from discrimination under state law even though marijuana use is still illegal under federal law. To learn more about this decision, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2029.html

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On July 21, New Jersey Governor Chris Christie signed the “Personal Information and Privacy Protection Act,” which will become effective on October 1, 2017. This new law imposes restrictions on when a “retail establishment” can scan information from a consumer’s driver’s license or state-issued identification card, and on what the retailer may do with that information once it has it. To learn more, read our latest Client Alert: http://www.vorys.com/publications-2028.html

In July 2017, San Francisco joined New York City, Philadelphia, Delaware, Massachusetts, and Oregon in banning employers from asking applicants about their salary history. The “Parity in Pay Ordinance” prohibits San Francisco employers from using an applicant’s salary history in the hiring process or in determining what salary to offer an applicant. To learn more about this ordinance, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2026.html

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Effective January 1, 2018, Nevada employers will be required to provide leaves of absence to employees who are victims of domestic violence or whose family or household members are domestic violence victims. To learn more about the new Domestic Violence Leave Law, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2022.html

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Washington law requires that employees who work five consecutive hours receive a 30-minute meal break. Employees may choose to waive these meal breaks, and the Washington Department of Labor & Industries “recommends” – but does not require – that employers obtain a “written request” from an employee who does so. Recently, the Washington Supreme Court held that an employer bears the burden of proving that a meal break was actually provided or waived. To learn more, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2021.html

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Under the federal Fair Labor Standards Act tip-credit provision, employers may use an employee’s tips as a credit against the employee’s minimum wage. In 2011, the U.S. Department of Labor adopted a regulation stating that “tips are the property of the employee whether or not the employer has taken a tip credit.” This means that an employer who pays a tipped employee more than the minimum wage may not retain any tips the employee received. Recently, the Tenth Circuit Court of Appeals invalidated this regulation as “beyond the DOL’s authority” to adopt. Last year, the Ninth Circuit Court of Appeals came to the exact opposite conclusion. To learn more, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2020.html

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On June 22, 2017, the Ohio Supreme Court issued a decision overturning over a decade of case law that consistently found that a recent arm’s length sale was the best evidence of value for real property tax purposes regardless of the circumstances surrounding the sale. In its decision, the Court makes it clear that a sale price no longer conclusively determines value for tax purposes as it did under prior law. To learn more, read our latest State and Local Tax Alert: http://www.vorys.com/publications-2018.html

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Recently, the Philadelphia City Council amended the Fair Practices Ordinance to give the commission a new remedy – the authority to shut down businesses that have violated the city’s anti-discrimination law. Previously, the ordinance had already prohibited discrimination in public accommodation, employment, and housing because of age, ancestry, color, disability, domestic/sexual violence victim status, ethnicity, familiar status, gender identity, marital status, national origin, race, religion, sex and sexual orientation. To learn more about this recent change, read our latest Labor and Employment Alert: http://www.vorys.com/publications-2012.html
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