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LABOR LAW NEWS

Late-Breaking Trends of 2017 and 2018

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By Kelsey Basten

Published on November 30, 2017

In one of our latest posts, we shared our predictions from 2017, what actually happened and what we think will occur in 2018. However, a few subject areas unexpectedly arose in 2017 that could greatly impact employers in the coming year.

In our latest blog, Late-Breaking Trends of 2017 and 2018, we review the following trends that occurred this year, and our predictions for the next:

  • E-Verify
  • Scheduling Laws
  • Salary History Bans

E-Verify

E-Verify – the online system that allows businesses to determine eligibility of their employees to work in the U.S. wasn’t on our radar this time last year, as we thought there wouldn’t be much action until further into President Trump’s term. However,  we saw a federal E-Verify posting update and a new bill introduced to Congress, The Legal Workforce Act of 2017.

2018 Prediction:

At the federal level, E-Verify will continue to be a hot topic. It may be required nationwide as part of the new administration’s immigration plan under Trump’s 2018 budget, which proposes $15 million of the Department of Homeland Security budget be used to begin implementation of a mandatory E-Verify.

Scheduling Laws:

Scheduling laws popped up on our radar this year, with several city workplace scheduling laws going into effect:

  • Berkeley, CA – Family Friendly and Environment Friendly Ordinance
  • Emeryville, CA – Fair Workweek Employment Standards
  • Seattle, WA – Secure Scheduling Ordinance
  • San Jose, CA – Opportunity to Work Ordinance

2018 Prediction:

Scheduling laws will continue to increase at the state and local level. To date, two laws go into effect in 2018:

So far, we know of two laws that will become effective in early 2018.

  • New York City
  • Oregon

Salary History Bans

Like scheduling laws, salary history ban laws also appeared on the employment law forefront in 2017 with three going into effect:

  • Oregon
  • Delaware
  • New York City

2018 Prediction: Salary history bans will grow predominantly at the state level, with a few driven by cities. In early 2018, there will be three new laws. However, we are expecting more as the year goes on.

  • California
  • Massachusetts
  • San Francisco

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