Aug 14, 2019

New York Enacts Heightened Protections Against Harassment of Workers

Workplace Sexual Harassment

On August 12, 2019, New York Governor Andrew Cuomo signed into law new legislation that provides greater protections for workers in that state, and employers need to act to ensure they comply. In the wake of the #MeToo movement, New York enacted tough new laws against sexual harassment.  In previous SGR Client Alerts, we have… Read more

Aug 7, 2019

Vendor Fees: The Importance of RFPs

Vendor Fees

The reasonableness of vendor fees has always been an important consideration for fiduciaries of 401(k) plans.  The focus on vendor fees, especially those of investment advisors and recordkeepers, increased dramatically with the Department of Labor’s issuance of the 2012 fee disclosure rules.  These rules allowed fiduciaries, for the first time, to understand and be cognizant… Read more

Aug 2, 2019

Nevada Outlaws Employers’ Ability to Refuse to Hire Prospective Employees Because of Positive Marijuana Screening

Nevada new drug screening law

Effective January 1, 2020, Nevada’s newly signed bill, AB 132, criminalizes an employer’s refusal to hire a prospective employee because the prospective employee’s drug-screening test indicates the presence of marijuana. This law will not apply to all prospective employees; firefighters, emergency medical technicians, employees who will operate a motor vehicle, positions funded by federal grant,… Read more

Aug 1, 2019

Predictive Scheduling Laws Coming to a City Near You

Employee Work Schedule

What are predictive scheduling laws? Predictive scheduling laws are laws that require employers to post employees’ work schedules a certain amount of time in advance and penalize employers for last minute changes to schedules.  For example, both San Francisco’s and Seattle’s city ordinances require employers to post employee work schedules 14 days in advance.  New… Read more

Jul 31, 2019

California ABC Test

California ABC Test - Contractors Rule

On April 30, 2018, the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles in which it considered whether a worker asserting California Wage Order claims was properly classified as an independent contractor rather than as an employee. Dynamex is a nationwide same-day courier and delivery… Read more

Jul 29, 2019

The DOL’s Opinions Letters Regarding FLSA – Calculating Employee’s Regular Rate of Pay and Rounding Hours Worked

Employee Hours of Regular Pay

On July 1, 2019, the U.S. Department of Labor (DOL), issued several opinion letters regarding compliance issues under the Fair Labor Standards Act (FLSA), including (a) the calculation of overtime pay for non-discretionary bonuses, and (b) permissible rounding practices in recording employees’ hours worked. Calculating an employee’s regular rate of pay When paying a nondiscretionary… Read more

Jul 18, 2019

IRS Allows High Deductible Health Plans to Provide Pre-Deductible Benefits for Chronic Care Management

Glucose Monitoring Image

Earlier this week, the Internal Revenue Service (“IRS”) issued guidance expanding the list of “preventive care benefits” that a high deductible health plan (“HDHP”) may cover before a participant has met the plan’s deductible.  Preventive care benefits now include the following services and items when prescribed to treat the specified chronic conditions: Preventive Care for… Read more

Jul 12, 2019

Georgia Department of Agriculture Accepting Comments on Proposed Hemp Rules

On July 10, 2019, the Georgia Department of Agriculture issued a Notice of Intent to Consider the Adoption of Hemp Growers and Processor Rules. The proposed rules are being promulgated pursuant to the Georgia Hemp Farming Act (HB 213), which was signed into law by Governor Kemp on May 10, 2019. The proposed rules outline… Read more