Monthly Archives: November 2020

Applies to:          All Employers Effective:            October 21, 2020 The CDC recently changed the definition of “close contact” for purposes of determining possible exposure to COVID-19 and contact tracing. “Close contact” now means “[s]omeone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period

Applies to:          All Employers with H-1B Visa Employees Effective:            As Indicated The current administration recently issued two interim final rules (IFR) largely impacting H-1B nonimmigrant visas, making it more difficult for individuals to obtain them. Effective December 7, 2020, the Department of Homeland Security’s (DHS) IFR revises certain definitions, updates application requirements, and provides USCIS

Applies to:          All Employers subject to FLSA Effective:            November 3, 2020 The U.S. Department of Labor (DOL) recently issued opinion letters discussing employee pay for voluntary training and travel time under the Fair Labor Standards Act (FLSA). FLSA2020-15 reviews when employers must pay for voluntary training, discussing different examples. If the training is sponsored by

Applies to:          All Employers with CT, NY, and VT Employees Effective:            September 22, 2020 In Aleutian Capital Partners, LLC v. Scalia, the Second Circuit Court of Appeal stated that even though an employer of an H-1B visa employee paid more income than promised in the Labor Condition Application (LCA), the employer violated U.S. Department of

Applies to:          All Employers with CO, KS, NM, OK, UT, WY Employees Effective:            October 28, 2020 In Exby-Stolley v. Bd. of Cty. Comm’rs, the Tenth Circuit Court of Appeal stated that failing to accommodate a disability under the Americans with Disabilities Act (ADA) is in and of itself grounds for a cause of action and

Applies to:          All Employers with CA-Based Computer Professionals and Licensed Physician/Surgeons Effective:            January 1, 2021 The California Department of Industrial Relations (DIR) announced the 2021 exemption rates for certain types of employees.  To qualify as exempt from minimum wage and overtime requirements, employees in these professions must meet certain requirements, one of which includes a

Applies to:          All Employers with CA Employees Effective:            October 16, 2020 The California Department of Public Health (CDPH) released additional guidance documents containing instructions on how employers should report outbreaks to local public health agencies.  The guidance documents supplement AB 685, a recent bill that implements COVID-19 reporting requirements effective January 1, 2021.  The new

Applies to:          All Employers with CO Employees Effective:            Upon Governor Declaration On November 3, 2020, Colorado voters approved Prop. 118 which permits employees to take up to 12 weeks of paid family and medical leave within a 12-month period. Qualifying reasons include: caring for their own serious health condition; caring for a new child during

Applies to:          All Employers with Montgomery County, MD Employees Effective:            January 15, 2021 Montgomery County recently revised the standard necessary for employees to prove they suffered harassment in the workplace. Specifically, the Human Rights Law no longer uses the “severe or pervasive” standard required under federal law to show that behavior rises to the level

Applies to:          All Employers with 10+ ME Employees Effective:            January 1, 2021 In June of 2019, Governor Mills signed into law LD 369 which requires private employers of 10 or more employees to provide employees earned paid leave (EPL). Like paid sick leave, EPL accrues based on hours worked, but unlike paid sick leave, it