Legal Corner – May 2019

Legal Corner – May 2019

Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law.

Update on EEO-1 form data collection

A federal district court has now ordered that employers must submit compensation data through the EEO-1 form by September 30, 2019, with collection estimated to begin on July 15, 2019. Traditional demographic data must still be submitted by May 31, 2019.

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FMLA should run parallel with paid leave

The U.S. Department of Labor (DOL) recently issued a statement clarifying that an employer can “force” an FMLA designation on leave regardless of whether an employee agrees to it. It is recommended that employers designate any qualifying leave as FMLA.

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Key updates for Washington State

The Washington Equal Pay and Opportunity Act bans employers from asking salary history questions. If requested by an applicant or current employee, an employer is also required to provide pay scale and/or wage information.

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A newly signed bill will change the noncompetition agreements and moonlighting prohibitions in Washington. Employers that use or want to use such agreements should be aware of the changes coming into effect January 1, 2020.

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NYC bans pre-employment drug testing for marijuana

Under the new law effective January 1, 2020, many New York City employers will no longer be able to conduct pre-employment tests for marijuana. Exceptions will still apply for certain jobs; policies regarding the testing of other drugs will remain the same.

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