Curtailing employees' drinking in Iowa
Employers will be thankful for how easy they have it after reading about the latest changes in Iowa's drug testing law, the most complex in the country. An amendment to the law that goes into effect in July will lower the minimum standard blood-alcohol concentration for a positive alcohol test from .04 to .02. Prior to its effect, employers were unable to take action against an employee with a BAC below .04.
Current drug- and alcohol testing requirements in Iowa require an employer to implement a written policy available to all employees; establish a drug- and alcohol-awareness program; grant an employee who tests positive for alcohol an opportunity to participate in a rehabilitation program; and, among other things, require supervisors to undergo annual training on how to recognize and respond to employee symptoms of drug and alcohol abuse.
Failure to follow the drug testing laws to a T could result in the employee's reinstatement and an award of back pay and attorney's legal fees.
California's melting pot
Stricter protections for immigrants and other non-native workers in California will go into effect in July. New "national origin" discrimination regulations were added to the state's Fair Employment and Housing Act that prohibit discrimination and harassment based on natural origin. "National origin," according to the regulations, refer to both an individual or relative's real OR perceived place of birth or ethnicity; physical or cultural characteristics associated with a national origin; language or accent; tribal affiliation; marriage; and membership in churches, schools or other institutions associated with a particular national origin.
The regulations outline practices or policies that would be considered discrimination under the new definition, notably, English-only or language restriction policies not justified for business reason. The regulations also prohibit English-proficiency discrimination, asking about an applicant's immigration status or requiring a driver's license, except for legitimate business reason.
Time to update your records
Have you submitted your OSHA Form 300A yet? The department is requiring all employers submit the form by July 1, a change from a previous statement that limited the requirement to certain states. The form is a requirement of OSHA's Improve Tracking of Workplace Injuries and Illnesses regulations, passed in 2016, which required forms such as the 300A, a summary of workplace illness and injuries, and for that information to subsequently be posted for employees to view. But not all states have adopted the regulation, and OSHA had originally said only employers whose states had not adopted the regulation would not be required to comply.
"Employers should take the time to make sure there are no discrepancies and that the numbers align on the 300A," Tressi Cordaro, an attorney with Jackson Lewis in the Washington, D.C., area, told SHRM. "There are some employers that may not have familiarized themselves with the Injury Tracking Application yet, and I would encourage employers covered by the regulation to make sure they have set up an account and know how to use the ITA."
Another state bans the box
The state of Washington's "ban the box" legislation takes effect June 7. The Washington Fair Chance Act (HB 1298), signed into law in March, prohibits employers from asking about an employee's criminal history, except when required by law or when the position involves working unsupervised with young children, vulnerable adults or specified circumstances.
Washington is the 32nd state to adopt such legislation, which is also in place in more than 150 cities and counties. The laws take aim at job applications that include questions about criminal history, delaying an employer's access to such information until a candidate has had an opportunity to prove their qualifications.
Employers in violation of the law will receive a notice of violation for the first offense and monetary penalties for subsequent offences.
Put this on your schedule
Oregon employers in the retail, food service and hospitality industries have less than a month to revamp their scheduling procedures to comply with the state's Fair Work Week Act, which goes into effect July 1. The first statewide legislation of its kind, the act aims to bring predictability to low-wage, hourly workers.
Employers who have more than 500 employees worldwide--as well as franchisees operating under a single brand or corporation--must provide new hires with a good-faith estimate of their expected work schedule at the time of hire. The estimate must include anticipated average monthly hours and information about on-call shifts and procedures. The latter is part of a new "standby list" requirement for employers--a list of employees who have requested or agreed to be available to cover unexpected shift openings.
The law also sets requirements for how far in advance an employee's hourly schedule must be created and requires employers grant employees an extra hour of pay for disruptions such as unexpectedly changing the time or length of an employees' shift.
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Curtailing employees' drinking in Iowa
Employers will be thankful for how easy they have it after reading about the latest changes in Iowa's drug testing law, the most complex in the country. An amendment to the law that goes into effect in July will lower the minimum standard blood-alcohol concentration for a positive alcohol test from .04 to .02. Prior to its effect, employers were unable to take action against an employee with a BAC below .04.
Current drug- and alcohol testing requirements in Iowa require an employer to implement a written policy available to all employees; establish a drug- and alcohol-awareness program; grant an employee who tests positive for alcohol an opportunity to participate in a rehabilitation program; and, among other things, require supervisors to undergo annual training on how to recognize and respond to employee symptoms of drug and alcohol abuse.
Failure to follow the drug testing laws to a T could result in the employee's reinstatement and an award of back pay and attorney's legal fees.
California's melting pot
Stricter protections for immigrants and other non-native workers in California will go into effect in July. New "national origin" discrimination regulations were added to the state's Fair Employment and Housing Act that prohibit discrimination and harassment based on natural origin. "National origin," according to the regulations, refer to both an individual or relative's real OR perceived place of birth or ethnicity; physical or cultural characteristics associated with a national origin; language or accent; tribal affiliation; marriage; and membership in churches, schools or other institutions associated with a particular national origin.
The regulations outline practices or policies that would be considered discrimination under the new definition, notably, English-only or language restriction policies not justified for business reason. The regulations also prohibit English-proficiency discrimination, asking about an applicant's immigration status or requiring a driver's license, except for legitimate business reason.
Time to update your records
Have you submitted your OSHA Form 300A yet? The department is requiring all employers submit the form by July 1, a change from a previous statement that limited the requirement to certain states. The form is a requirement of OSHA's Improve Tracking of Workplace Injuries and Illnesses regulations, passed in 2016, which required forms such as the 300A, a summary of workplace illness and injuries, and for that information to subsequently be posted for employees to view. But not all states have adopted the regulation, and OSHA had originally said only employers whose states had not adopted the regulation would not be required to comply.
"Employers should take the time to make sure there are no discrepancies and that the numbers align on the 300A," Tressi Cordaro, an attorney with Jackson Lewis in the Washington, D.C., area, told SHRM. "There are some employers that may not have familiarized themselves with the Injury Tracking Application yet, and I would encourage employers covered by the regulation to make sure they have set up an account and know how to use the ITA."
Another state bans the box
The state of Washington's "ban the box" legislation takes effect June 7. The Washington Fair Chance Act (HB 1298), signed into law in March, prohibits employers from asking about an employee's criminal history, except when required by law or when the position involves working unsupervised with young children, vulnerable adults or specified circumstances.
Washington is the 32nd state to adopt such legislation, which is also in place in more than 150 cities and counties. The laws take aim at job applications that include questions about criminal history, delaying an employer's access to such information until a candidate has had an opportunity to prove their qualifications.
Employers in violation of the law will receive a notice of violation for the first offense and monetary penalties for subsequent offences.
Put this on your schedule
Oregon employers in the retail, food service and hospitality industries have less than a month to revamp their scheduling procedures to comply with the state's Fair Work Week Act, which goes into effect July 1. The first statewide legislation of its kind, the act aims to bring predictability to low-wage, hourly workers.
Employers who have more than 500 employees worldwide--as well as franchisees operating under a single brand or corporation--must provide new hires with a good-faith estimate of their expected work schedule at the time of hire. The estimate must include anticipated average monthly hours and information about on-call shifts and procedures. The latter is part of a new "standby list" requirement for employers--a list of employees who have requested or agreed to be available to cover unexpected shift openings.
The law also sets requirements for how far in advance an employee's hourly schedule must be created and requires employers grant employees an extra hour of pay for disruptions such as unexpectedly changing the time or length of an employees' shift.
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Curtailing employees' drinking in Iowa
Employers will be thankful for how easy they have it after reading about the latest changes in Iowa's drug testing law, the most complex in the country. An amendment to the law that goes into effect in July will lower the minimum standard blood-alcohol concentration for a positive alcohol test from .04 to .02. Prior to its effect, employers were unable to take action against an employee with a BAC below .04.
Current drug- and alcohol testing requirements in Iowa require an employer to implement a written policy available to all employees; establish a drug- and alcohol-awareness program; grant an employee who tests positive for alcohol an opportunity to participate in a rehabilitation program; and, among other things, require supervisors to undergo annual training on how to recognize and respond to employee symptoms of drug and alcohol abuse.
Failure to follow the drug testing laws to a T could result in the employee's reinstatement and an award of back pay and attorney's legal fees.
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Emily Payne
Emily Payne is director, content analytics for ALM's Business & Finance Markets and former managing editor for BenefitsPRO. A Wisconsin native, she has spent the past decade writing and editing for various athletic and fitness publications. She holds an English degree and Business certificate from the University of Wisconsin.
