OSHA Crane Operator Final Rules On November 9, 2018, the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) announced the release of its Cranes and Derricks in Construction: Operator Certificate Extension final rule (Final Rule 82: 51986-51998). The final rule: Removes the requirement that crane operator certifications include the crane’s rated lifting capacity….

Arkansas Minimum Wage Increases On November 6, 2018, Arkansas voters approved the Arkansas Minimum Wage Increase Initiative (Issue 5), which will incrementally raise the state’s minimum wage, per Ark. Code Ann. § 11-4-210(a), as follows: $9.25 per hour effective January 1, 2019. $10 per hour effective January 1, 2020. $11 per hour effective January 1,…

City of Mountain View Minimum Wage Increase In November 2018, the City of Mountain View announced that employers who are subject to the Mountain View Business License Tax or who maintain a facility in Mountain View must pay to each employee who performs at least two hours of work per week in Mountain View, minimum…

Veterans’ Right to Participate and Take Leave On August 9, 2018, Massachusetts Governor Charlie Baker signed legislation (S.B. 2632) requiring employers to allow eligible employees to participate in Memorial Day events and take leave to observe Veterans’ Day. Specifically, the law states the following: An employee who is a veteran, or a member of a…

Legalized Recreational Use of Marijuana On November 6, 2018, Michigan voters approved the Michigan Regulation and Taxation of Marijuana Act (Michigan Proposal 18-1) legalizing the recreational use and possession of marijuana for persons age 21 and older. The act does not: Require an employer to permit or accommodate conduct otherwise allowed by the act in…

Medical Marijuana Legalized On November 6, 2018, Missouri voters approved the Medical Marijuana and Veteran Healthcare Services Initiative (Missouri Amendment 2), amending the state’s constitution and legalizing marijuana for medicinal purposes. The initiative does not permit a person to bring a claim against any employer, former employer, or prospective employer (employer) for wrongful discharge, discrimination,…

Earned Sick Leave Guidance On October 29, 2018, the New Jersey Department of Labor and Workforce Development (NJDOL) created a website for the state’s Earned Sick Leave Act that contains all of the following: Information for employers and employees. Notice of employee rights. Information in additional languages, including English, Arabic, Chinese (simplified and traditional), Guajarati, Haitian Creole,…

2019 Exemption Rates Increase For 2019, and under the New York Minimum Wage Act’s minimum wage orders, the salary basis threshold will increase for the executive and administrative exemption as follows: New York City large employers (11 or more employees): $1,125 per week and $58,500 per year. New York City small employers (10 or fewer…

Expungement of Criminal Records and Employer Liability On June 27, 2018, South Carolina Governor Henry McMaster signed legislation (H.B. 3209) adding law (S.C. Code Ann. § 17-22-960) to the state’s Pretrial Intervention Act. Under the new law, any employer that employs a worker with an expungement must not, at any time, be subject to any…

Medical Marijuana Legalized On November 6, 2018, Utah voters approved the Utah Medical Cannabis Act (Utah Proposal 2) legalizing the medical use of marijuana for individuals with qualifying medical illnesses. Under current Utah law: The state is required, by January 1, 2019, to ensure that cannabis is grown in the state and can be processed…