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California Employment Law Update - Updated Minimum Wage and Industry Wage Orders

The Industrial Wage Commission of the California Department of Industrial Relations has updated its minimum wage order and industry wage orders. The updated wage orders go into effect on July 1, 2014.

View the updated wage orders

See more on thinkHR.com.

Federal Employment Law Update - FMLA – Proposed Rule

On June 20, 2014, the U.S. Department of Labor announced a proposed rule that would extend the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live.

The proposed rule includes the following highlights:

  • The department is proposing to move from a “state of residence” rule to a rule based on where the marriage was entered into (sometimes referred to as “place of celebration”).
  • The proposed definition of spouse expressly references the inclusion of same-sex marriages in addition to common law marriages, and will encompass same-sex marriages entered into abroad that could have been entered into in at least one state.
  • The department proposes to define spouse as follows:
    Spouse, as defined in the statute, means a husband or wife. For purposes of this definition, husband or wife refers to the other person with whom an individual entered into marriage as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where entered into and could have been entered into in at least one state. This definition includes an individual in a same-sex or common law marriage that either :

o   Was entered into in a state that recognizes such marriages or,

o   If entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.

The proposed definitional change would mean that eligible employees, regardless of where they live, would be able to:

  • Take FMLA leave to care for their same-sex spouse with a serious health condition;
  • Take qualifying exigency leave due to their same-sex spouse’s covered military service; or
  • Take military caregiver leave for their same-sex spouse.

The proposed change would entitle eligible employees to take FMLA leave to care for their stepchild (child of employee’s same-sex spouse) even if the in loco parentis requirement of providing day-to-day care or financial support for the child is not met.

The proposed change would also entitle eligible employees to take FMLA leave to care for their stepparent (same-sex spouse of the employee’s parent), even though the stepparent never stood in loco parentis to the employee.

Read the Proposed Rule

Read the Fact Sheet


Executive Order 13658 – Proposed Rule

On June 12, 2014, the U.S. Department of Labor announced a proposed rule implementing Executive Order 13658. Executive Order 13658, Establishing a Minimum Wage for Contractors, was signed by President Obama on February 12, 2014, and seeks to increase the minimum wage to $10.10 for all workers on federal construction and service contracts.

The proposed rule provides guidance and sets standards for employers concerning coverage, including coverage of tipped employees and workers with disabilities. It also establishes an enforcement process familiar to most government contractors that will protect the right of workers to receive the new minimum wage. The proposed rule includes an economic analysis showing that nearly 200,000 workers will benefit from the increase.

Read the Proposed Rule
Read the Fact Sheet

See more on thinkHR.com.
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