Monthly Archives: August 2020

IMPORTANT: Federal District Court Strikes Down Parts of the FFCRA’s Rules!

2020-08-10T15:00:54-07:00August 10th, 2020|

Applies to: All Employers Subject to the FFCRA Effective: August 3, 2020 When the U.S. Department of Labor (DOL) issued its Final Rule implementing the Families First Coronavirus Response Act (FFCRA), the State of New York filed suit against the DOL claiming that parts of the Final Rule exceeded the DOL’s authority. As a result,

August Bullets

2020-08-10T14:19:42-07:00August 10th, 2020|

EEOC Announces Mediation Program Expansion The Equal Employment Opportunity Commission (EEOC) recently implemented expansions to its voluntary mediation programs. The EEOC’s ACT Mediation pilot expands the categories of charges eligible for mediation and, generally, allows for mediation throughout an investigation. The pilot also expands the use of technology to hold virtual mediations. The EEOC also

Washington: New Overtime Exemption Rules

2020-08-10T14:17:27-07:00August 10th, 2020|

Applies to:         All Employers with WA Employees Effective:            July 1, 2020 The Washington Department of Labor & Industries (DOLI) made changes to the minimum salary level and the job duties test for overtime exempt classifications. Although the salary level change went into effect July 1, 2020, the federal minimum level requirement is higher and must

Virginia: NEW COVID-19 Emergency Temporary Standard

2020-08-10T14:16:29-07:00August 10th, 2020|

Applies to:         All Employers with VA Employees Effective:            July 27, 2020 Virginia is the first state in the country to implement an Emergency Temporary Standard (ETS) for managing COVID-19. It went into effect on July 27, 2020. Employers must assess the “exposure risk level” of disease-related hazards in the workplace defined as “very high,” “high,”

South Carolina: New Lactation Break Requirements

2020-08-10T14:15:16-07:00August 10th, 2020|

Applies to:         All Employers with SC Employees Effective:            August 24, 2020 The South Carolina Lactation Support Act (the “Act”) requires employers in South Carolina to make reasonable efforts to provide employees time and space to express breast milk for a one-year period following a nursing child’s birth.  The Act brings South Carolina’s local law in

Oregon: BOLI Issues Model Notices for Anti-Discrimination/Harassment and Pregnancy Accommodations

2020-08-10T14:13:59-07:00August 10th, 2020|

Applies to:         All Employers with OR Employees Effective:            As indicated The Oregon Bureau of Labor and Industry (BOLI) has released model notices for two laws whose notice requirements have very recently or will soon be going into effect.  These are the Workplace Fairness Act, which covers anti-discrimination and anti-harassment policies, and the Pregnancy Accommodation notice.

Florida: E-Verify Will Be Mandatory in 2021

2020-08-10T14:10:28-07:00August 10th, 2020|

Applies to:         All Employers with FL Employees Effective:            January 1, 2021 Beginning January 1, 2021, SB 664 requires employers to verify an individual’s employment eligibility after accepting an offer of employment, either by using the E-Verify system or completing Form I-9. Documentation must be retained for at least three years after the initial date of

Colorado: New Law Implements Mandatory Three-Pronged Paid Sick Leave Requirements

2020-08-10T14:08:49-07:00August 10th, 2020|

Applies to:         All Employers with CO Employees Effective:            As indicated On July 15, 2020, the Health Families & Workplaces Act (HWFA) went into effect, instituting a three-part mandatory statewide paid sick leave requirement on all employers.  The three types of paid sick leave include COVID-19 emergency paid sick leave, paid sick and safe time, and

California: Commuting Time may be Compensable – Depending on Certain Factors

2020-08-10T14:06:34-07:00August 10th, 2020|

Applies to:         All Employers with CA Employees Effective:            June 2, 2020 In Oliver v. Konica Minolta Business Solutions USA, Inc., a California court stated that an employee’s commuting time to the first worksite of the day may be compensable time, depending on the level of control an employer exerts on the employee’s commute, and whether

California: Accessibility Matters for Business Websites

2020-08-10T13:59:44-07:00August 10th, 2020|

Applies to:         Businesses with Consumers in CA Effective:            June 22, 2020 Website accessibility is an increasingly hot topic. As of January 1, 2020, businesses subject to the California Consumer Protection Act (CCPA) must make the required consumer notices and information that are posted on company websites reasonably accessible to consumers with disabilities.  Specifically, businesses must

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