Monthly Archives: March 2022

Applies to:          All Employers Effective:             March 3, 2022 On March 3, 2022, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” came into effect. The Act allows employees, at their option, to forego arbitration in the event of a sexual assault dispute or sexual harassment dispute. This means that if an

Applies to:          All Employers Effective:             As Indicated Form I-9 Remote Inspection Accommodation Extended to April 30, 2022 In order to accommodate social distancing and remote work during the pandemic, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement announced special rules in 2020 permitting employers to remotely inspect employee work authorization

Applies to:          All Employers with CT, NY, and VT Employees Effective:             January 27, 2022 On January 27, 2022, the Second Circuit Court of Appeals ruled that successor liability to fund an ERISA pension plan does not apply to a business who did not acquire the facility or the employees making the complaint. In 2008, a

Applies to:          All Employers with MD, NC, SC, VA, and WV Employees Effective:             January 5, 2022 In Conner v. Cleveland Cty., N. Carolina, the Fourth Circuit Court of Appeals stated that using overtime to pay for contractually owed straight time is a violation under the Fair Labor Standards Act (FLSA). There, an employee was allegedly

Applies to:           All Employers with CA Employees Effective:             February 19, 2022 On February 19, 2022, California’s reenacted COVID-19 paid sick leave law will go into effect. The law has retroactive effect to January 1, 2022 and lasts until September 30, 2022. Employers with more than 25 employees are required to comply with the law. Employers

Applies to:          All Employers with Short-Haul Driver Employees in CA Effective:             January 19, 2022 In Espinoza v. Hepta Run, Inc., the California Court of Appeal stated that federal law preempts California meal and rest rules for short-haul truck drivers. On December 28, 2018, the Federal Motor Carrier Safety Administration (FMCSA) issued a preemption order stating

Applies to:          All Employers with Short-Haul Driver Employees in CA Effective:             January 19, 2022 In Espinoza v. Hepta Run, Inc., the California Court of Appeal stated that federal law preempts California meal and rest rules for short-haul truck drivers. On December 28, 2018, the Federal Motor Carrier Safety Administration (FMCSA) issued a preemption order stating

Applies to:          All Employers with IL Employees Effective:             February 3, 2022 In McDonald v. Sympathy Bronzeville Park, LLC, the Illinois Supreme Court stated that Illinois’ Workers’ Compensation Act does not prevent employees from recovering statutory damages available under the Illinois Biometric Information Privacy Act (BIPA). There, an employee sought to recover damages claiming the employer

Applies to:          All Employers with MS Employees Effective:             February 2, 2022 Mississippi recently enacted the “Mississippi Medical Cannabis Act.” The Act authorizes the use of medical cannabis to treat certain medical conditions, including cancer, Alzheimer’s disease, and autism. Despite the Act’s new permissions, employers still have a lot of latitude in disciplining employees for drug

Applies to:          All Employers with NY Employees Effective:             December 22, 2021 At the end of 2021, the New York Department of Labor (NY DOL) issued final regulations on the New York State Sick Leave Law. The regulations provide clarification on how employers should be administering statutory state paid sick leave. Employee headcount. Employers must use