Laws & Regs: March 2020

New Jersey Proposes Broadened Sexual Harassment, Discrimination Policies

New Jersey Gov. Phil Murphy (D) has proposed new laws that increase training and penalties against employers who violate harassment and discrimination laws.  Under the proposal, an employer could be identified as a hostile workplace environment after just one harassment incident and the timeframe to file a complaint for employees could be lengthened to a year with the Division on Civil Rights and up to three years to file a civil suit under the state’s Law Against Discrimination. The law also proposes interactive training regarding unlawful discrimination and harassment to all employees.

California Requires Immediate Reporting of Serious Workplace Injuries

California Gov. Gavin Newsome (D) has signed a bill required employers to report serious workplace injuries, illness or death by telephone or through the state Occupational Safety and Health (OSHA) website. Failure to notify OSHA could result in a $5,000 penalty.

California Delays Prohibition of Mandatory Arbitration Agreement

A Federal District Court in California has continued to delay the enactment of a law that would prohibit California employers from requiring prospective and current employees, as a condition of employment, from agreeing to mandatory arbitration regarding claims of violations to the California Fair Employment and Housing Act (FEHA). FEHA provides employee protections from discrimination, retaliation and harassment in the workplace.

The law was originally set to take effect on Jan. 1, 2020.

Maryland Becomes 14^th State to “Ban the Box”

On February 29, 2020, Maryland will join 13 other states and Washington, D.C., as the only jurisdictions that prohibit employers from asking job applicants to disclose criminal records or accusations prior to an interview. California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington also ban the practice.

Maryland Aims to Phase Out Pesticide Used on Golf Courses

Gov. Larry Hogan (R)’s administration plans to “phase out” the pesticide chlorpyrifos, which is used on crops and golf courses. The legislation to carry this out is expected to pass this week. Hogan had opposed the ban for three year. The Golf Course Superintendents Association of America calls the chemical a “vital tool for controlling damaging pests on golf courses.”

NCA will keep you updated on new developments.

Labor Relations Board Releases Final Joint Employer Rule

This week the National Labor Relations Board (NLRB) issued its final rule on joint employer status to clarify the determination and effectively overturn the Browning Ferris decision made by the Board during the Obama Administration. The NLRB’s rule returns joint employer status to the previous standard which relied on two employers having both direct and indirect control over employees. The NLRB rule also brings the standard under the National Labor Relations Act in line with the rule recently published Department of Labor regulation under the Fair Labor Standards Act. The NLRB rule is set to go into effect on April 27, 2020.

H-2B Visas Cap’s Expected Expansion

The Department of Homeland Security (DHS) plans to allow potentially 45,000 additional seasonal guest workers to return to the U.S. this summer, the highest number in President Trump’s term. The current H-2B visa cap is 66,000. An announcement of the exact number of additional visas will come this week; however, currently the administration plans to release 20,000 visas immediately and the remainder beginning on June 1.

Raising the cap could provide clubs with much needed staffing as many private clubs approach their peak season. The DHS raised the H-2B visa cap by 30,000 to 96,000 last year and by 15,000 to 81,000 the year before.