Monthly Archives: March 2021

Applies to:          Employers with fewer than 500 employees Effective:            March 11, 2021 Congress recently enacted the American Rescue Plan Act, extending the tax credits for the Families First Coronavirus Response Act (FFCRA) paid leave provisions. Although FFCRA leave is still not required, if employers want to voluntarily take advantage of the

Applies to:          All Employers Effective:            As Indicated The U.S. Department of Labor (DOL) is still working through opinion letters issued during the Trump Administration. Most recently, on February 19, 2021, the DOL withdrew a couple of opinions, including: FLSA2019-6 | Further clarification of a “retail or service establishment” for purposes of overtime exemption. FLSA2019-10 |

Applies to:          All Employers with IL, IN, and WI Employees Effective:            February 3, 2021 In White v. United Airlines, Inc., the Seventh Circuit Court of Appeal stated that employers must provide paid leave for USERRA leave to the extent similar nonmilitary leave is paid by the employer. The Uniformed Services Employment and Reemployment Rights Act

Applies to:          Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and the Northern Mariana Islands Interstate Transportation Employees Effective:            February 2, 2021 In Ward v. United Airlines, Inc., the Ninth Circuit Court of Appeal stated that wage statement requirements under Labor Code § 226 are not preempted by federal law. There,

Applies to:          Aviation Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and the Northern Mariana Islands Employees Effective:            February 23, 2021 In Bernstein v. Virgin America, the Ninth Circuit Court of Appeal stated that California’s wage and hour laws are not preempted by federal law in the aviation context. Specifically, employees

Applies to:          All Employers with 15+ AZ Employees Effective:            July 19, 2021 On February 4, 2021, Arizona Governor Ducey signed House Bill 2045 into law, amending the Arizona Civil Rights Act definition of the phrase “on the basis of sex” to protect workers from pregnancy or childbirth-related discrimination.  This Civil Rights Act applies to employers

Applies to:          All Employers with CA Employees Effective:            February 25, 2021 In Donohue v. AMN Services, LLC, the California Supreme Court said that rounding timekeeping practices cannot be used for purposes of applying meal period premiums. Interestingly, the Court did not say that rounding in general was prohibited, but the ruling essentially makes rounding obsolete.

Applies to:          All Employers with CO Employees Effective:            April 14, 2021 On February 23, 2021, the Colorado Department of Labor and Employment (CDLE) clarified employers’ public health emergency leave (“PHEL”) obligations under the Healthy Families and Workplaces Act (HFWA). First, employers must provide employees access to up to 80 hours of PHEL for full-time employees,

Applies to:          All Employers with MN Employees Effective:            February 3, 2021 In Hall v. City of Plainview, the Minnesota Supreme Court reviewed whether general disclaimers contained in the employer’s handbook would be sufficient to prevent a PTO policy from forming a contract with employees. The City of Plainview’s employee handbook contained a detailed PTO policy

Applies to:          All Employers Hiring in City of Philadelphia Effective:            February 20, 2021 In 2016, the City of Philadelphia passed the “Fair Practices Ordinance,” prohibiting employers from discriminating against applicants and employees on the basis of credit history and credit-related information.  On January 20, 2021, an amendment to this ordinance was enacted, decreasing certain employer