2017 Labor and Employment Legislative Developments: Illinois, California, New York, Washington D.C., Georgia, Michigan, and Texas

Tuesday, January 3, 2017
Labor & Employment Group

We ring in the new year with our annual reporting on certain employment-related legislative developments slated to take effect in 2017 on the federal level and in Illinois, California, New York, Washington, D.C., Georgia, Michigan, and Texas.

Federal law
  • Executive Order 13706: Establishing Paid Sick Leave for Federal Contractors: Effective January 1, 2017, federal contractors entering into or extending covered contracts with the federal government must provide certain employees paid sick leave annually for illness or medical conditions, preventive care, care of a sick family member, or absences relating to domestic violence or related proceedings. For a summary of these obligations and the contracts to which they apply, please see here.
  • Executive Order 13673: Fair Pay and Safe Workplaces “Paycheck Transparency” Provisions: For federal contracts on or after January 1, 2017, that exceed $500,000.00 (and subcontracts that exceed $500,000.00 other than commercially available off-the-shelf items), contractors covered by the Fair Labor Standards Act, the Davis-Bacon Act, or Service Contract Act will be required to provide a wage statement each pay period to all individuals performing work on the contract. The statement must include hours and overtime hours worked in the pay period broken down by week, rate of pay, gross pay, and itemization of additions to or deductions from gross pay. Statements to individuals who are overtime-exempt need not include a record of hours worked so long as the contractor informs the individual in writing of his or her overtime exempt status. Contractors subject to these “paycheck transparency” provisions also will be required to inform independent contractors working on covered contracts of their status as an independent contractor. (Note that the provisions of this Order that required disclosure of labor law violations in the contract bidding process (the so-called “blacklisting” rule), and restricted the use of pre-dispute arbitration agreements for certain claims, were enjoined by a Texas federal court in late October 2016.)