U.S. Supreme Court Protects LGBTQ+ Rights in the Workplace

APPLIES TO

All Employers subject to Title VII

EFFECTIVE

June 15, 2020

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In Bostock v. Clayton County, the U.S. Supreme Court said that sex discrimination under Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and transgender status. The Court stated that “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.”

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COVID-19: EEOC Clarifies When “Higher Risk” Employees May Be Excluded From the Workplace

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All Employers Subject to the Americans with Disabilities Act

EFFECTIVE

May 7, 2020

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(888) 378-2456

Businesses are starting to bring employees back to work; meanwhile, COVID-19 is still a reality and concern that employers are grappling with. Employers are trying to do their best to limit the spread of the disease in the workplace and want to protect those employees who are most vulnerable. The Equal Employment Opportunity Commission (EEOC) recently updated its “What You Should Know” website with information about when employees can be excluded from the workplace because of their status as a “higher risk” individual, consistent with protections under the Americans with Disabilities Act (ADA).

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COVID-19: Employers Can Accept Expired Identity Documents for Form I-9

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All Employers

EFFECTIVE

May 1, 2020

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The U.S. Citizenship and Immigration Services (USCIS) recently announced a temporary policy allowing employers to accept expired List B identity documents when completing Form I-9. Specifically, List B documents set to expire on or after March 1, 2020 may be treated the same as if the employee presented a valid List B document for Form I-9 purposes.

If an employee has an expired document that is not otherwise extended by the issuing authority, the employer must record the document information in Section 2 under List B and write “COVID-19” in the Additional Information Field. Within 90 days after the temporary policy ends, the employee must provide a valid, unexpired document to replace the expired document given when they were initially hired. However, the employee may present a different List A or List B document and is not required to present an unexpired version of the earlier document. The employer must record the new document information in the Additional Information Field and initial and date the change.

If an employee has an expired document that is extended by the issuing authority, the employer must record the document’s expiration date in Section 2, enter “COVID-19 EXT” in the Additional Information Field, and  attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents.  Where the issuing authority has extended the validity of the document, the employee is not required to later present a valid, unexpired List B document.

Employers should stay informed for when this temporary policy is discontinued by the Department of Homeland Security to return to regular Form I-9 procedures and update completed Form I-9’s where applicable.

Action Items

  1. Review the temporary policy here.
  2. Have hiring personnel trained on how to complete Form I-9.
  3. Track expired List B documents for replacement after the temporary policy ends.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

COVID-19: OSHA Recording Requirements Updated for All Employers

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All Employers Subject to OSHA

EFFECTIVE

May 26, 2020

QUESTIONS?

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The Occupational Safety and Health Administration (OSHA) recently issued updated enforcement guidance for recording COVID-19 illnesses. “The guidance is intended to be time-limited to the current COVID-19 public health crisis.” Specifically, employers are responsible for recording cases of COVID-19, if:

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DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime

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All Employers subject to the FLSA

EFFECTIVE

August 7, 2020

QUESTIONS?

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The U.S. Department of Labor (DOL) recently issued a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. Specifically, employers can pay bonuses, premium payments, or other additional pay, such as commissions and hazard pay, using the fluctuating workweek method of calculating overtime under the Fair Labor Standards Act (FLSA).

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Get Ready for July 1st Minimum Wage Increases

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As Indicated

EFFECTIVE

July 1, 2020, as indicated

QUESTIONS?

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On July 1, 2020, minimum wage will increase in states and localities across the country. Although not a comprehensive list, the following are key areas to review.

California

  • Alameda: $15/hour.
  • Berkeley: $16.07/hour.
  • Emeryville: $16.84/hour;
  • Fremont: $15/hour (26+ employees); $13.50/hour (1-25 employees).
  • Los Angeles City and County: $15/hour (26+ employees); $14.25 (1-25 employees); $16.50/hour (LAX airport).
  • Long Beach (Hotel Industry): $15.47/hour.
  • Malibu: $15/hour (26+ employees); $14.25 (1-25 employees).
  • Milpitas: $15.40/hour.
  • Novato: $15/hour (100+ employees); $14/hour (26-99 employees); $13/hour (1-25 employees).
  • Pasadena: $15/hour (26+ employees); $14.25 (1-25 employees).
  • San Francisco: $16.07/hour.
  • San Leandro: $15/hour.
  • Santa Monica: $15/hour (26+ employees); $14.25 (1-25 employees).
  • Santa Rosa: $15/hour (26+ employees); $14/hour (1-25 employees).

Connecticut: $12/hour, effective September 1, 2020.

District of Columbia: $15/hour.

Illinois: $10/hour.

  • Chicago: $14.00/hour (21+ employees); $13.50/hour (4-20 employees).
  • Cook County: $13/hour.

Maryland

  • Montgomery County: $14/hour (51+ employees); $13.25/hour (11-50 employees); $13/hour (1-10 employees).

Minnesota

  • Minneapolis: $13.25/hour (101+ employees); $11.75/hour (1-100 employees).
  • Paul: $11.50/hour (101-10,000 employees); $10/hour (6-100 employees); $9.25/hour (1-5 employees).

Nevada: $8/hour (employers offering qualified health benefits); $9/hour (all other employers).

Oregon: $12.00/hour.

  • Portland Metro: $13.25/hour.
  • Nonurban Counties: $11.50/hour.

Note that several states and localities are looking to postpone minimum wage increases because of the toll COVID-19 has had on businesses. The cities of Hayward and San Carlos, California have already voted to delay their scheduled increase. Continue to look for updates on minimum wage increases until the July 1st effective date.

Action Items

  1. Prepare to update minimum wage rates in payroll systems.
  2. Notify employees of wage increases, if required.
  3. Display updated minimum wage posters in the workplace and provide posters to remote workers.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

Department of Transportation Revises Trucking Rules, Allowing Longer Workday

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All Employers with Employees in Trucking Industry

EFFECTIVE

September 11, 2020

QUESTIONS?

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(888) 378-2456

The U.S. Department of Transportation (DOT) published a final rule updating the hours of service rules for commercial vehicle drivers.  Originally adopted in 1937, the hours of service rules specify how long commercial drivers are permitted to operate a vehicle.  A proposed rule was first published in August in 2019, and the final rule issued on May 14, 2020 contains four key changes:

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FLSA Retail/Service Establishment Overtime Exemption Rule Broadened

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All Employers subject to FLSA

EFFECTIVE

May 19, 2020

QUESTIONS?

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(888) 378-2456

Qualified employees in retail and service establishments may be exempt from overtime pay if they meet certain requirements under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) recently issued a final rule clarifying which employers are considered retail and service establishments for purposes of using the overtime exemption.

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California: FAQ Provides Further Guidance on New Workers’ Comp Rule

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All Employers with CA Employees

EFFECTIVE

May 6, 2020

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(888) 378-2456

On May 6, 2020, Gov. Newsom issued an Executive Order stating that employees are presumed to have contracted COVID-19 in the workplace for purposes of receiving workers’ compensation benefits if certain criteria are met. A few weeks later, the California Department of Industrial Relations (DIR) issued FAQs to further explain how the Executive Order will be applied. The FAQs confirm that all California employees who work at a jobsite outside their home at the direction of their employer between March 19, 2020 and July 5, 2020 and who test positive for COVID-19 within 14 days of working at their jobsite are presumed to have contracted any COVID-19-related illness at work for the purposes of awarding workers’ compensation benefits. There is no distinction between employees working in “essential” industries or providing “essential” services and those who are not.

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California: New FEHA Pre-Employment Rules Effective July 1st

APPLIES TO

All Employers with CA Employees

EFFECTIVE

July 1, 2020

QUESTIONS?

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(888) 378-2456

The California Fair Employment and Housing Council (FEHC) recently updated regulations under the Fair Employment and Housing Act (FEHA), which are set to take effect July 1st. Specifically, the regulations impact pre-employment practices and discrimination standards.

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