Monthly Archives: December 2022

Applies to:          All Employers Effective:             TBD On November 16, 2022, Congress passed the Speak Out Act prohibiting employers from forcing victims of sexual harassment and assault to maintain confidentiality in response to alleged abuse. Effective against any claim filed once the President signs the bill, which is expected any day, employers will no longer be

Applies to:          All Employers Subject to OSHA Effective:             September 15, 2022 The Occupational Safety and Health Administration’s (OSHA) “Severe Violator Enforcement Program” (SVEP) addresses managing employers who are considered to be “severe violators” of safety rules, in part, by including them on a public list and subjecting them to increased inspection and scrutiny. OSHA has

Applies to:          Federal Contractors Effective:             September 21, 2022 The Office of Federal Contract Compliance Programs (OFCCP) recently announced changes to functional Affirmative Action Plans (FAAP). The FAAP program allows federal contractors to create an affirmative action program based on business units, instead of having the program apply to the entire business. Key changes to Directive

Applies to:          All Employers in Clean Energy Industry Effective:             Pending On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) of 2022. The IRA includes a 30% federal tax credit for those in private construction, alteration or repair of certain clan energy projects like solar, wind, geothermal, carbon sequestration, and electric vehicle

Applies to:          All Employers with Employees in DE, NJ, and PA Effective:             September 14, 2022 In Uronis v. Cabot Oil & Gas Corp., the Third Circuit Court of Appeals stated that an employee filing consent to join a collective action qualifies as “testimony,” an activity protected under the under the Fair Labor Standards Act (FLSA).

Applies to:          AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and the Northern Mariana Islands Effective:             October 24, 2022 In Cadena v. Customer Connexx LLC, the Ninth Circuit Court of Appeals stated that the time an employee spends booting up a computer is compensable work time for call center employees because the activity

Applies to:          All Employers with Employees in CA Effective:             As Indicated Governor Newsome recently announced California’s state of emergency will end February 28, 2023. This timeline was meant to take into account any surge that may occur after the holidays in January and February. Despite the end of the state of emergency, California has implemented

Applies to:          All Employers with Employees in CA Effective:             October 24, 2022 In Camp v. Home Depot U.S.A. Inc., the California Court of Appeal recently stated that where an employer can and does track employees’ time worked in minutes, neutral time rounding is not a defense for failing to pay employees for all time worked.

Applies to:          All Employers with CO Employees Effective:             January 1, 2024 Colorado’s state-run Paid Family and Medical Leave Insurance (FAMLI) program, which allows employees to take at least 12 weeks of paid leave for qualifying events and is funded through premiums, received additional clarity and guidance. The most significant points addressed are summarized below. Eligibility.

Applies to:          All CO Employers with 5+ Employees Effective:             TBD In 2023, all Colorado businesses with five or more employees (who have worked for at least 180 days), and who have been in business for two or more years, must register for SecureSavings.  If employers already offer a tax-qualified retirement savings plan to any employees,