WV Clarifies Timing of Payment of Wages

West Virginia has clarified when wages must be paid with the passage of S.B. 318.  Employers must pay employees at least twice each month.  The paydays can be no more than 19 days apart unless there is a special agreement.  The law does not apply to railroad companies and takes effect 90 days from March 14, 2015.

SD Adds Youth Minimum Wage

South Dakota Governor Daugaard has signed into law S.B. 177 which allows employers to pay employees under the age of 18 a reduced minimum wage of $7.50.  This amount is not subject to the annual minimum wage adjustment.  The new law takes effect on July 1.  It also prohibits employers from displacing any employee, including a partial displacement through a reduction in hours, wages or employment benefits, in order to hire an employee at the reduced youth rate.

Eugene, OR Sick Leave on the Way

Eugene, OR has officially entered the paid sick leave arena.  Under legislation enacted on July 28, 2014 and effective July 1, 2015 most employers operating a business within the city limits must begin accruing paid sick leave for all employees working within the city. Exceptions to the law include state, city (other the Eugene) and federal government employees and employers in the building and construction industry whose employees are covered under a collective bargaining unit or agreement.

All employees include part-time, temporary and telecommuting (if physically located within the city).  They must earn a minimum of one hour of sick leave for every 30 hours of paid work performed within the city up to a maximum of 40 hours of sick leave in a year.  Employees begin accruing leave on July 1, 2015 or the start of their employment, which ever is later. But they must be employed by the employer for 90 days to become eligible to begin using the accrued sick time.  Unused sick leave must carry over to the next year.  Employees may be limited to use no more than 40 hours per year of sick leave.

The city will be offering training sessions on the new law through the state Bureau of Labor & Industry starting in April.

IL Roth Mandate on Hold

The landmark legislation pass in Illinois making it the first state to mandate that employers automatically enroll their employees in a qualified retirement plan is under review by the federal Department of Labor (DOL).  This, however, was actually part of the legislation.  The Illinois legislators were uncertain of the potential for federal “uncertainty” especially when it came to the responsibilities under ERISA so they required that it be reviewed by the DOL prior to implementing the law which is suppose to take effect on June 1, 2017.  It will be in my blog as soon as the ruling comes down from the DOL.

WY Gives More Time to Appeal Unemployment Claims

The deadline for appealing unemployment insurance (UI) claims to the Wyoming Department of Workforce Services is being extended effective July 1, 2015.  It will be 28 days.  This is up from the current limit of 15 days from the mailing date of the claim notice. The change is due to the passage of HB 139 which was signed by the governor on March 3, 2015.

VT Increasing Health Care Contributions for 2015

Vermont is increasing the Health Care Contributions for 2015. According to the Form HC-1 instructions that were revised in February 2015, the employer health care contribution for calendar year 2015 is increasing to $140.84 per quarter (up from $133.30 for the third and fourth quarters 2014) for each “uncovered” full time equivalent (FTE) employee in excess of four. The change is effective for the first quarter 2015 return due April 30, 2015.

WY Adjusts Term Pay Deadline

Wyoming employers must pay an employee who quits service or is discharged, in lawful U.S. money or by check or draft which can be cashed at a bank, no later than the employer’s usual practice on regularly scheduled payroll dates.  The previous requirement was within five (5) working days of the date of termination of employment. The change is due to the passage of H.B. 127 and is effective March 4, 2015. The employer may offset from any monies due the employee as wages, any sums due the employer from the employee which have been incurred by the employee during his employment. The law does not apply to the earnings of a sales agent employed on a commission basis and having custody of accounts, money or goods of his principal where the net amount due the agent may not be determinable except after an audit or verification of sales, accounts, funds or stocks.

SC Implements New EFT Program

My sources are telling me that on March 30, 2015, the South Carolina Department of Revenue (SCDOR) will release a new Electronic Funds Transfer (EFT) Program. Taxpayers are being notified by mail of accounts that are impacted by the change. The mailing includes a welcome letter and a separate PIN Notification letter. The EFT process will continue to require the submission of a D128: Application for Electronic Funds Transfer. With the new program, there will be a new web address and contact phone number. However, current EFT Program users should continue using the current process until March 30, 2015. New Contact Information as of March 30, 2015 Web Address for Tax Payments: www.govone.com/tpp/southcarolina Phone Number for Tax Payments: 1-800-834-7733.

AR Removes Work Restrictions for 17 Year Olds

To give employers more flexibility in hiring and allow more opportunities for older teens to be employed, the state legislature has enacted emergency legislation that removes work hour restrictions for 17-year-old workers in Arkansas. Act 162 (H.B. 1116) amends the Arkansas child labor law to remove the work hour restrictions for those who are 17 years of age. Instead, the work hour restrictions will apply to a child under 17 years of age.

Philly Joins the Mandatory Sick Leave Club

Philadelphia, PA has joined the group of states and cities that have mandated sick leave for workers.  Mayor Michael A. Nutter signed legislation on February 12th that requires workers employed by a business or organization with 10 or more employees must earn one hour of paid sick leave for every 40 hours worked up to a minimum of 40 hours of sick leave in a calendar year. Employers with fewer than 10 employees must provide unpaid sick leave to employees.  A chain establishment will be required to provide paid sick leave regardless of the number of employees in a particular establishment. Employers will have to display a sick leave poster that will be provided by the city in the workplace, update their handbooks to include the sick leave provisions and provide notice to employees that they are eligible for paid sick leave.

Businesses with existing leave policies that meet the minimum paid sick leave accrual standards and other requirements within the legislation will not have to change their policies or provide for additional leave time.

The ordinance takes effect 90 days from February 12, 2015.