Monthly Archives: July 2021

Applies to:          Certain Healthcare and Healthcare Support Employers Effective:             June 21, 2021 The Occupational Health and Safety Administration (OSHA) recently issued an emergency temporary standard (ETS) for employers whose employees provide healthcare services or healthcare support services (e.g., hospitals, nursing homes, assisted living facilities, emergency responders, home healthcare workers, and employees in ambulatory care facilities

Applies to:          All Employers subject to the ADA in CT, NY, VT Effective:             June 9, 2021 In Bey v. City of New York, the Second Circuit Court of Appeal stated that because OSHA regulations require a clean-shaven face when wearing a self-contained breathing apparatus (i.e., respirator), the firefighter plaintiffs with severe skin conditions could not

Applies to:          All Employers with Transportation Employees in AL, FL, GA Effective:             June 22, 2021 In Hamrick v. Partsfleet, the Eleventh Circuit Court of Appeal reviewed whether final-mile delivery drivers—drivers who make local deliveries of goods and materials that have been shipped from out-of-state to a local warehouse—are in a “class of workers engaged in

Applies to:          All Employers with CA Employees Effective:             July 15, 2021 In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court stated that premiums paid for missed meal or rest periods must be paid at the employee’s regular rate of pay. Employees’ regular rate includes hourly wages and nondiscretionary payments – the same rate

Applies to:          All Employers with CA Employees Effective:             July 15, 2021 In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court stated that premiums paid for missed meal or rest periods must be paid at the employee’s regular rate of pay. Employees’ regular rate includes hourly wages and nondiscretionary payments – the same rate

Applies to:          Employers with Los Angeles, CA Employees, as indicated Effective:             As Indicated Los Angeles Mayor Eric Garcetti recently revised the extant Supplemental Paid Sick Leave (SPSL) order and issued a new vaccine leave order. The two orders have different effective date ranges and eligibility requirements, summarized below. Revised SPSL Order Employers of 500 or

Applies to:          All Employers with CO Employees Effective:             June 14, 2021 In Nieto v. Clark’s Market, the Colorado Supreme Court indicated that company policies that require employees to forfeit accrued, unused vacation pay are unlawful.  Earned vacation time is considered a type of compensation under the Colorado Wage Claim Act (CWCA) and cannot be forfeited.

Applies to:          All Employers with CO Employees Effective:             As Indicated Gender-Based Discrimination. Effective September 11, 2021, Colorado recently passed HB 21-1108 which clarifies prohibited sexual discrimination in employment. Specifically, employers cannot discriminate on the basis of gender expression (i.e., expression of gender to outside world, such as appearance, dress, and behavior) or gender identity (i.e.,

Applies to:          All Employers with CT Employees Effective:             October 1, 2021 Changes are coming soon for Connecticut employers in the realm of pay transparency and equity. House Bill No. 6380, effective October 1, 2021, will require employers to provide applicants and employees with wage range information under various circumstances. It also expands the standards used

Applies to:          All Employers with CT Employees Effective:             October 1, 2021 Effective October 1, 2021, House Bill No. 5158 amends existing Connecticut statute to expand employer’s obligations to accommodate lactating employees.  Presently, all Connecticut employers must make reasonable efforts to provide a room or private location that is not a toilet stall for lactating employees