Monthly Archives: November 2021

Applies to:          All Employers Effective:             October 13 and 25, 2021 The U.S. Equal Employment Opportunity Commission (EEOC) updated Section K (Vaccinations - Overview, ADA, Title VII, and GINA) of its “What You Should Know” publication for COVID-19 guidance. It also added a new Section L for how employer vaccine rules are impacted by Title VII

Applies to:          Certain Healthcare Employers receiving Medicare/Medicaid Funds Effective:             November 5, 2021 On September 9, 2021, as part of its Path Out of the Pandemic Action Plan (Action Plan), the White House announced a healthcare vaccine mandate for workers in most healthcare settings that receive Medicare or Medicaid reimbursement. On November 5, 2021, the Centers for Medicare

Applies to:          All Employers Effective:             November 8, 2021 On October 25, 2021, the Biden Administration announced new COVID-19 related rules for travelers entering or departing the United States.  Specifically, travelers coming to the U.S. must have proof of full vaccination against COVID-19 and a recent negative test to be permitted entry to the country, with

Applies to:          All Employers Effective:             November 8, 2021 On October 25, 2021, the Biden Administration announced new COVID-19 related rules for travelers entering or departing the United States.  Specifically, travelers coming to the U.S. must have proof of full vaccination against COVID-19 and a recent negative test to be permitted entry to the country, with

DOL Issues Final Rule for Tip Credits for Employees with Dual Jobs Applies to:          All Employers with Tipped Employees Effective:             December 28, 2021 The U.S. Department of Labor (DOL) recently published a Tips Rule addressing tip credits for employees who perform tipped and non-tipped duties (dual jobs). In 2020, the DOL published a tips rule that was

Applies to:          All Employers with CO, KS, NM, OK, UT, and WY Employees Effective:             October 8, 2021 In Peterson v. Nelnet Diversified Solutions, LLC, the Tenth Circuit Court of Appeal stated that employers must pay for regularly performed pre-shift activities that are integral and indispensable to the employees’ job duties. Even though employees spent an

Applies to:          All Employers with AL, FL, GA Employees Effective:             September 30, 2021 In Gelber v. Akal Security, Inc., the Eleventh Circuit stated that an automatic meal period deduction for compensable air travel time violated the FLSA. Specifically, where time is deemed work time that is compensable, employers may not deduct pay from that time.

Applies to:          All CA Businesses Effective:             October 18, 2021 The California Department of Fair Employment and Housing (DFEH) recently issued COVID-19 guidance under the Unruh Civil Rights Act (Unruh Act), which prohibits discrimination from businesses based on an individual’s protected category status. The DFEH confirms that businesses may employ nondiscriminatory safety measures. The Guidance does

Applies to:          All Employers with NY Employees Effective:             October 8, 2021 Earlier this year, the Marijuana Regulation and Taxation Act (MRTA) became effective, legalizing recreational marijuana use and possession for adults aged 21 and older.  In October, the New York state Department of Labor published additional guidance and an FAQ addressing questions on employer rights

Applies to:          All New York General Contractors Effective:             January 4, 2022 New York general contractors take heed: new legislation that becomes effective next year makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to construction workers, even if the general contractor is not ordinarily the employer or joint