CDC Eases Restrictions for Vaccinated Individuals

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April 27, 2021

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The U.S. Centers for Disease Control (CDC) recently updated guidance for people who are vaccinated in non-healthcare settings.  People are considered fully vaccinated as of two weeks of receiving either the second dose of a two-dose vaccine (e.g., Pfizer-BioNTech or Moderna) or the only dose of a single-dose vaccine (e.g., Johnson and Johnson).

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Federal Updates – Federal Contractors, Independent Contractors, and Tip Rules

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As Indicated

EFFECTIVE

As Indicated

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As part of its ongoing review of current rules, the federal government made some recent changes employers need to be aware of. The current administration issued an executive order impacting federal contractors and tipped workers. The recent independent contractor final rule was withdrawn. Plus, portions of the 2020 Tip final rule were delayed.

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California: Right to Rehire for Certain Workers Laid Off During Pandemic

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Specific CA Employers; As Indicated

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April 16, 2021

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A recently-passed bill requires certain employers in hospitality and business services-related industries to offer to rehire covered employees who were laid off during the pandemic. SB 93, signed on April 16, 2021, obliges employers to consider rehiring before engaging entirely new workers, and to notify former employees who were not rehired due to lack of qualifications.

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California: Supreme Court Expands Applicability of Prevailing Wages

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Public Works Employers with CA Employees

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March 29, 2021

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In Kaanaana v. Barrett Business Services Inc., the California Supreme Court stated that work done for a “special district” can be considered a “public work” under specified labor codes and would therefore be subject to prevailing wages. This is a departure from the traditional industries considered to be covered under prevailing wages, such as construction, alteration, demolition, installation, or repair.

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New Mexico: New Statewide Paid Sick and Safe Time Law

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All Employers with New Mexico Employees

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July 1, 2022

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House Bill 20, also known as the Healthy Workplaces Act, will require employers to provide paid time off for sick and safe time (PSST) purposes starting July 1, 2022. A summary of key provisions of the act are listed below.

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New Mexico: Recreational Marijuana Legalized, Expungement of Related Criminal Acts Permitted

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All Employers with NM Employees

EFFECTIVE

June 29, 2021

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(888) 378-2456

In 2007, New Mexico passed laws that permitted use of cannabis for medicinal purposes. Now, New Mexico Governor Grisham signed into law two new bills, The Cannabis Regulation Act and The Expungement of Certain Criminal Records Act, which further relax consumption and possession standards for marijuana.

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New York: HERO Act Implements New Employer Safety Requirements

APPLIES TO

Certain Private Employers with NY Employees; As Indicated

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The New York Health and Essential Rights Act (HERO Act) adds new occupational safety and health rules that set minimum safety standards for the private sector. The Act covers all workers, including independent contractors. The state Commissioner of Labor together with the State Department of Health must prepare model airborne infectious disease exposure prevention standards. As of June 4, 2021, employers may either adopt the model standards or create their own safety plan that meets or exceeds the minimum standards established by the Labor Commissioner. Employers must distribute the plan to employees in English and the employee’s primary language if other than English, post the plan in the workplace, and incorporate it into the employee handbook.

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Philadelphia, PA: New Recall and Retention Requirements for Hotel, Hospitality, and Event Centers

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EFFECTIVE

January 7, 2021

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(888) 378-2456

Philadelphia employers in the hotel, airport hospitality, and event center industries will need to pay attention to new recall and retention requirements imposed by a number of recently passed ordinances.

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Virginia: Expands Human Rights Act to Include Disabilities

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All Employers with VA Employees

EFFECTIVE

July 1, 2021

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(888) 378-2456

The Virginia Human Rights Act (VHRA) has been expanded to prohibit discrimination on the basis of disability. Employers must provide a reasonable accommodation to qualified employees, unless the accommodation would cause an undue hardship. To do this, employers must engage in a timely, good faith interactive process to determine if the requested accommodation is reasonable or discuss alternative accommodations. Employers also cannot retaliate against an employee who requests or uses a reasonable accommodation, deny employment opportunities because the employer is required to provide a reasonable accommodation, or require the employee take a leave of absence if another reasonable accommodation can be provided.

Before denying an accommodation request because of an undue hardship, the employer must consider the hardship on the employer’s business, size of the applicable facility, nature and costs of the accommodations needed, the possibility that the same accommodations may be used by another employee, and safety and health considerations of the person with a disability.

Employers must include language in employee handbooks to include information about employee rights to reasonable accommodation based on disability. A required poster must also be displayed in a conspicuous place in the workplace. Additionally, employers must provide notice of employee rights upon hire and within 10 days following receipt of notice that an individual has a disability.

Action Items

  1. Review HB 1848 here.
  2. Have employee handbook updated with required policy.
  3. Update new hire procedures to include required notice.
  4. Display required posting in the workplace.
  5. 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.

© 2021 ManagEase

West Virginia: Clarifies Independent Contractor Status

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All Employers with WV Employees

EFFECTIVE

June 9, 2021

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(888) 378-2456

SB 272 provides the definition of independent contractor for purposes of workers’ compensation, unemployment compensation benefits, Human Rights Act rights, and wage payment and collection laws. There must be a written agreement between the business and individual stating their intent to have an independent contractor relationship. The individual must also acknowledge in the writing that (1) they are providing services as an independent contractor; (2) they will not be treated as an employee; (3) they will not be provided with either workers’ compensation or unemployment benefits; (4) they are required to pay all applicable federal and state income taxes and that no tax withholdings from payments will be made by the business; and (5) they are responsible for the majority of the supplies and expenses incurred in connection with the contracted services unless the expenses are for non-local travel, the expenses are reimbursed under an express provision of the contract, or they are commonly reimbursed under industry practice.

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