Monthly Archives: April 2022

Applies to:           All ERISA retirement plans Effective:             March 10, 2022 The Department of Labor recently released long awaited guidance on the use of cryptocurrency in retirement plans governed by ERISA. The guidance used an expansive definition of cryptocurrency, including crypto-tokens, coins, and assets, along with any derivatives. The guidance spelled out the concerns the DOL

Applies to:           All Employers with CT, NY, and VT Employees Effective:             March 7, 2022 For the first time, in Felder v. United States Tennis Association, the Second Circuit Court of Appeals identified a specific test for determining who is considered a “joint employer” under Title VII of the Civil Rights Act of 1964. The court

Applies to:           All Employers with AL, FL, and GA Employees Effective:             March 18, 2022 In Compere v. Nusret Miami, LLC, the Eleventh Circuit Court of Appeals stated that mandatory service charges included on a customer’s bill do not constitute a “gratuity” or tip under the Fair Labor Standards Act (FLSA) and therefore can be used

Applies to:           All Employers with San Francisco, CA Employees Effective:             February 22, 2022 San Francisco recently provided updated guidance on its Paid Sick Leave Ordinance (PSL). The PSL applies to any employer that has employees who perform work in San Francisco, including part-time and temporary employees. The guidance clarified that PSL is only available to

Applies to:           All Employers with IN Employees Effective:             March 3, 2022 Indiana now prohibits all Indiana employers from imposing COVID-19 vaccination mandates unless those mandates include exemptions for medical or religious reasons and natural immunity from prior infection. The law applies to nearly all Indiana based employees, including independent contractors, subcontractors, and interns. However, the

Applies to:           All MA Franchisor-Franchisee Relationships Effective:             March 24, 2022 In Patel v. 7-Eleven, Inc., the Massachusetts Supreme Judicial Court stated that the state test for determining independent contractor status applies to the relationship between a franchisor and its franchises. Specifically, unless an individual satisfies the statutory ABC test for determining independent contractor status, an

Applies to:           All Employers with NJ Employees Effective:             April 18, 2022 AB 3950 prohibits employers from knowingly making use of a tracking device in a vehicle used by an employee without providing written notice. “Tracking device” means an electronic or mechanical device which is designed or intended to be used for the sole purpose of

Applies to:           All Employers with NY Employees Effective:             As Indicated New York recently passed several bills expanding protections against sexual harassment and retaliation. Employers should take note of the following new rules: MAR 16, 2022 | Retaliation Expanded. S5780 prohibits employers from retaliating against employees by disclosing their personnel files because they opposed illegal practices

Applies to:           All Employers with NY Employees Effective:             As Indicated New York recently passed several bills expanding protections against sexual harassment and retaliation. Employers should take note of the following new rules: MAR 16, 2022 | Retaliation Expanded. S5780 prohibits employers from retaliating against employees by disclosing their personnel files because they opposed illegal practices

Applies to:           All Employers with WA Employees Effective:             June 9, 2022 Washington’s “Silenced No More Act” is creating significant changes for employers with nondisclosure and nondisparagement agreements. Following similar prohibitions in California, SB 1795 prohibits employers from entering into agreements that prevent current, former, or prospective employees or independent contractors, who are Washington residents, from