Bethlehem Chamber of Commerce 2017 HR/Legislative Update Frank Kerbein SPHR Director, Center for Human Resources The Business Council of New York State frank.kerbein@bcnys.org 800.332.2117 www.bcnys.org

Recent Developments “Equity Agenda” Remember the WTPA! S.1 - Pay Equity/Disparate Impact Discussion of wages S.2 - NYS Human Rights Law S.4 - Familial status S.8 – Pregnancy Remember the WTPA!

What’s NYC Up To? New York City Pregnancy Paid Sick Leave Pre-Employment Inquiries Credit Checks Ban the Box Salary History Transgender Rights Predictive Scheduling

What’s New? NYS Non-Legislative actions: Pay cards/Paychecks Fast Food Wage Board On-call Scheduling Gender Identity/Human Rights Law Association with a member of a Protected Class

What’s New? Executive Order 161 Executive Order 162 Prohibition on state entities inquiring about salary history Executive Order 162 Requires all state contractors (and subcontractors) to disclose data on the gender, race, ethnicity, job title, and salary of all its employees in all state contracts. Prime contracts in excess of $25,000 – Quarterly Prime construction contracts in excess of $100,000 – Monthly

What’s New? Federal Non-Legislative Actions: OSHA Transgender Guidance – 06/01/2015 EEOC Guidance: Pregnancy – 06/25/2015 Administrator Interpretation regarding Independent Contractors – 7/15/2015 NLRB Browning-Ferris Decision – 8/27/2015 Paid Sick Leave – 9/07/2015 Administrator Interpretation regarding Joint Employer/FLSA – 01/20/2016 EEOC Collection of Pay Data – 02/01/2016 Changes to the FLSA and OT - 05/17/201 DOL Sex Discrimination Regulations – 6/14/2016

Minimum Wage Rate Schedule Location 12/31/16 12/31/17 12/31/18 12/31/19 12/31/20 2021 NYC-Large Employers (11 or more) $11.00 $13.00 $15.00   NYC-Small Employers (10 or less) $10.50 $12.00 $13.50 Long Island & Westchester $10.00 $14.00 Remainder of the NY State $9.70 $10.40 $11.10 $11.80 $12.50 *

NYS Exempt Salary Levels Executive and Administrative Date Federal (Proposed) Upstate Employers Large NYC Employers Small NYC Employers Nassau, Suffolk, Westchester 12/31/16 $913 $727.50 $825 $787.50 $750 12/31/17 $780 $975 $900 12/31/18 $832 $1,125 $1,012.50 12/31/19 $885 12/31/20 ? $937 $1,050 12/31/21

Paid Family Leave The act applies to all private sector employers of one or more employees; Leave may be taken to participate in providing care, including physical or psychological care for a family member, to bond with the employee’s child during the first twelve months after the child’s birth, or the first twelve months after the placement of the child for adoption or foster care; or for a qualified military exigency as defined by the FMLA; Family member is defined as child, parent, grandparent, grandchild, spouse, or domestic partner;

Paid Family Leave Employees must be employed for 26 weeks before they are eligible for paid family leave; (175 days for part-time employees). Employees returning from leave are entitled to return to their same or comparable position without loss of benefits they would have accrued otherwise. Employers must continue the employees’ health insurance during leave as if they were not on leave. PFL can run concurrently with FMLA.

Paid Family Leave Maximum combined DBL and PFL leave is 26 weeks in 52 week period. When practicable, the employee should provide 30-days’ notice of intent to take paid family leave; An employer may offer an employee who has accrued but unused vacation/personal leave to choose whether to charge all or part of the family leave time to this unused time and receive full salary; or, to not charge benefit time and receive the benefit provided. 

Paid Family Leave January 1, 2018; up to 8 weeks of leave at 50% of the employees average weekly wage to a maximum of 50% of the state’s average weekly wage; January 1, 2019; up to 10 weeks of leave at 55% of the employees average weekly wage to a maximum of 55% of the state’s average weekly wage; January 1, 2020; up to 10 weeks of leave at 60% of the employees average weekly wage to a maximum of 60% of the state’s average weekly wage; January 1, 2021 and thereafter; up to 12 weeks of leave at 67% of the employees average weekly wage to a maximum of 67% of the state’s average weekly wage.

Paid Family Leave Income replacement will be paid for by an insurance policy procured by the employer on behalf of the employee, the full cost of which will be paid by payroll contributions of the employee. June 1, 2017 (and annually thereafter); Superintendent of Financial Services shall set the maximum employee contribution.

Paid Family Leave Public entities may opt-in. Every policy of insurance issued…must offer coverage for both disability and family leave benefits.

What’s Next? On-Call “Predictive” Scheduling DBL/PFL parity NYS EEO form Non-Compete Agreements Paid Sick Leave/Use of Sick Leave Pre-Employment Inquiries Ban the Box Credit Checks Salary History

Center for Human Resources Customized fee based employer resources Employee Handbooks Policy Development Customized Supervisory Training Wage and Hours Harassment OSHA