HR Legislation Decisions to Watch
Inside Sales Exemption Error
In September of 2011, New Jersey adopted the federal exemption definitions for executive, administrative, professional and outside sales personnel in the private sector. This decision inadvertently eliminated the state’s inside sales employees exemption, which was part of the state’s administrative exemption, but is not included in the federal administrative exemption. While the state admits the change was inadvertent and its labor agency is working on a solution, it remains to be seen if the faux pas will create new lawsuits until the mistake is rectified.
California Hiring – Credit Reports
Effective January 1, 2012, California businesses will be prohibited, except in limited circumstances, from using consumer credit reports in hiring decisions. California joins seven other states, including Maryland, Connecticut and Oregon, that have enacted similar legislation.
California – Commission Agreements
In 2013, businesses based or that operate in California will be required to use written commission agreements with their employees.