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APPLIES TO All Employers |
EFFECTIVE October 13 and 25, 2021 |
QUESTIONS? Contact HR On-Call |
The U.S. Equal Employment Opportunity Commission (EEOC) updated Section K (Vaccinations – Overview, ADA, Title VII, and GINA) of its “What You Should Know” publication for COVID-19 guidance. It also added a new Section L for how employer vaccine rules are impacted by Title VII and religious objections.
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APPLIES TO Certain Healthcare Employers receiving Medicare/Medicaid Funds |
EFFECTIVE November 5, 2021 |
QUESTIONS? Contact HR On-Call |
On September 9, 2021, as part of its Path Out of the Pandemic Action Plan (Action Plan), the White House announced a healthcare vaccine mandate for workers in most healthcare settings that receive Medicare or Medicaid reimbursement. On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS) published an interim final rule defining the vaccine requirements for healthcare workers.
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APPLIES TO All Employers |
EFFECTIVE November 8, 2021 |
QUESTIONS? Contact HR On-Call |
On October 25, 2021, the Biden Administration announced new COVID-19 related rules for travelers entering or departing the United States. Specifically, travelers coming to the U.S. must have proof of full vaccination against COVID-19 and a recent negative test to be permitted entry to the country, with narrow exemptions.
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APPLIES TO All Employers with Tipped Employees |
EFFECTIVE December 28, 2021 |
QUESTIONS? Contact HR On-Call |
The U.S. Department of Labor (DOL) recently published a Tips Rule addressing tip credits for employees who perform tipped and non-tipped duties (dual jobs). In 2020, the DOL published a tips rule that was later partially delayed in 2021 (2020 tips rule). The DOL already issued a final rule for the assessment of civil money penalties (CMPs) under the Fair Labor Standards Act (FLSA), and now addresses the dual jobs issue.
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APPLIES TO All Employers with CO, KS, NM, OK, UT, and WY Employees |
EFFECTIVE October 8, 2021 |
QUESTIONS? Contact HR On-Call |
In Peterson v. Nelnet Diversified Solutions, LLC, the Tenth Circuit Court of Appeal stated that employers must pay for regularly performed pre-shift activities that are integral and indispensable to the employees’ job duties. Even though employees spent an average of two minutes per shift on pre-shift activities, the court said that this time was not de minimis and was required to be compensated.
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APPLIES TO All Employers with AL, FL, GA Employees |
EFFECTIVE September 30, 2021 |
QUESTIONS? Contact HR On-Call |
In Gelber v. Akal Security, Inc., the Eleventh Circuit stated that an automatic meal period deduction for compensable air travel time violated the FLSA. Specifically, where time is deemed work time that is compensable, employers may not deduct pay from that time.
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APPLIES TO All CA Businesses |
EFFECTIVE October 18, 2021 |
QUESTIONS? Contact HR On-Call |
The California Department of Fair Employment and Housing (DFEH) recently issued COVID-19 guidance under the Unruh Civil Rights Act (Unruh Act), which prohibits discrimination from businesses based on an individual’s protected category status. The DFEH confirms that businesses may employ nondiscriminatory safety measures. The Guidance does not mandate new requirements, but interprets the current pandemic in concert with the Unruh Act.
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APPLIES TO All Employers with NY Employees |
EFFECTIVE October 8, 2021 |
QUESTIONS? Contact HR On-Call |
Earlier this year, the Marijuana Regulation and Taxation Act (MRTA) became effective, legalizing recreational marijuana use and possession for adults aged 21 and older. In October, the New York state Department of Labor published additional guidance and an FAQ addressing questions on employer rights and responsibilities with regard to managing marijuana usage and the workplace.
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APPLIES TO All New York General Contractors |
EFFECTIVE January 4, 2022 |
QUESTIONS? Contact HR On-Call |
New York general contractors take heed: new legislation that becomes effective next year makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to construction workers, even if the general contractor is not ordinarily the employer or joint employer of the worker. The new law becomes effective January 4, 2022 and applies to new contracts as well as already-existing contracts that are extended or amended after January 4, 2022.
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APPLIES TO Employers with Employees in Charlotte, Mecklenburg County, Raleigh City, and Wake County, NC |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
In North Carolina, a number of new ordinances expand upon local anti-discrimination policies, extending nondiscrimination protections to a number of new classes.
Charlotte and Mecklenburg County. Previously, the city of Charlotte and Mecklenburg County’s policies governing public accommodations (including restaurants and businesses) prohibited discrimination based upon race, gender, religion, national origin, ethnicity, age, and disability. New ordinances effective October 1, 2021 add several new classes to this list: sexual orientation, gender identity, gender expression, familial status, veteran status, pregnancy, and natural hairstyle.