Monthly Archives: October 2021

Applies to:          All Employers Effective:             October 4, 2021 The Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury jointly issued FAQs on how employers can offer incentives for COVID-19 vaccination, or conversely, health plan charges for failure to get vaccinated. Under the Employee Retirement Income Security Act (ERISA), employers cannot discriminate against

Applies to:          Executive Agency Federal Contractors and Subcontractors Effective:             September 24, 2021 President Biden recently issued the Path Out of the Pandemic Action Plan, which included vaccination requirements for federal contractors and subcontractors pursuant to Executive Order 14042. The Safer Federal Workforce Task Force recently released Guidance for Federal Contractors and Subcontractors implementing those requirements.

Applies to:          All Employers with Tipped Employees Effective:             November 23, 2021 The U.S. Department of Labor (DOL) recently published a Tips Rule addressing civil money penalties (CMPs) for violations (2021 tips rule). In 2020, the DOL published a tips rule that was later partially delayed in 2021 (2020 tips rule). The three delayed portions are

Applies to:          All Employers with LA, MS, or TX Employees Effective:             September 9, 2021 In Hewitt v. Helix Energy Sols. Grp., Inc., the Fifth Circuit Court of Appeal reviewed when a highly compensated employee may be paid a daily rate of pay and still be exempt from overtime under the Fair Labor Standards Act

Applies to:          As Indicated Effective:             As Indicated October in California means preparing for new laws in 2022. The Governor recently signed a new slate of bills into law. The following is a summary of key rules employers should be aware of. OCT 5, 2021 | AB 654 – COVID-19 Safety Rule Update! AB 654 revises

Applies to:          All Employers with CA Employees Effective:             September 10, 2021 In Medina v. Equilon Enterprises, LLC, the California Court of Appeal applied the Martinez test, for wage and hour purposes, to determine joint employer status (not the Dynamex test which is specific to independent contractors). The Martinez test looks to the applicable wage order,

Applies to:          As Indicated Effective:             As Indicated Salary Wage Range Disclosure. Effective October 1, 2021, employers are required to provide to applicants the wage range for a position upon request or prior to/at the time an offer is made. Additionally, employers must provide wage ranges for an employee’s position at time of hire, when the

Applies to:          All Employers with IL Employees Effective:             September 17, 2021 In Tim v. Black Horse Motor Carriers, Inc., the Illinois First District Appellate Court stated that different statutes of limitation apply to different provisions of the statewide Biometric Information Privacy Act (BIPA). Previously, the statewide catch-all five-year statute of limitations was applied to all

Applies to:          All Employers with NY Employees Effective:             September 23, 2021 Earlier this year, New York state issued the NY HERO Act, which implemented new COVID-19 related safety requirements.  On September 23, 2021, the state Department of Labor further updated the requirements for face coverings and social distancing as provided in its model plan. The

Florida: New Hire and Contractor Reporting Expanded As of October 1, 2021, employers of all sizes are required to report new hires and rehires within 20 days of employment to the State Directory of New Hires, which provides information to the Florida Child Support Program. Previously, only employers of 250 or more employees were subject