APPLIES TO All Employers

EFFECTIVE March 3, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

On March 3, 2022, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” came into effect. The Act allows employees, at their option, to forego arbitration in the event of a sexual assault dispute or sexual harassment dispute. This means that if an employee has signed an arbitration agreement, any provision requiring arbitration, or waivers prohibiting or waiving the right to participate in a joint, class, or collective judicial, administrative, or arbitral proceeding, regarding sexual assault or sexual harassment disputes are unenforceable at their choice, and they may pursue those claims in court.

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APPLIES TO All Employers with CT, NY, and VT Employees

EFFECTIVE January 27, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

On January 27, 2022, the Second Circuit Court of Appeals ruled that successor liability to fund an ERISA pension plan does not apply to a business who did not acquire the facility or the employees making the complaint.

 In 2008, a business acquired some of another business entity’s locations and employees. A warehouse in Syracuse, New York, along with its unionized employees, was not acquired, but the new business and former business agreed on an independent contractor relationship where the former business maintained control of the Syracuse warehouse facility, employees, and operations. The former business subsequently filed for bankruptcy, causing its pension fund to file suit against the new business for the former business’s outstanding withdrawal liability, claiming successor liability and common control over the Syracuse facility and its unionized employees.

 The Second Circuit stated that successor liability applies to ERISA withdrawal claims but did not apply in this case. Specifically, the new business could not be found evade liability simply because they declined to assume the liability in the first place. Moreover, the new business specifically didn’t acquire the Syracuse warehouse and employees because of issues with the pension fund.

 

Action Items

1. 1. Inquire about unfunded pension plans and benefits when making acquisitions.
   2. Have legal counsel ensure all acquisition contracts have clear terms on the liabilities each party assumes.
   3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

 

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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.

© 2022 ManagEase

APPLIES TO All Employers with Short-Haul Driver Employees in CA

EFFECTIVE January 19, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

In Espinoza v. Hepta Run, Inc., the California Court of Appeal stated that federal law preempts California meal and rest rules for short-haul truck drivers. On December 28, 2018, the Federal Motor Carrier Safety Administration (FMCSA) issued a preemption order stating that California’s meal and rest break laws do not apply to drivers of commercial motor vehicles who are subject to the federal hours of service (HOS) requirements. Other litigation has addressed this issue for long-haul drivers (drivers that generally complete trips outside of a 150-mile radius from their work location), but the issue was unclear for short-haul drivers (drivers that generally drive within a 150-mile radius from their work location). Read more

APPLIES TO All Employers with MS Employees

EFFECTIVE February 2, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

Mississippi recently enacted the “Mississippi Medical Cannabis Act.” The Act authorizes the use of medical cannabis to treat certain medical conditions, including cancer, Alzheimer’s disease, and autism. Despite the Act’s new permissions, employers still have a lot of latitude in disciplining employees for drug use and implementing and enforcing drug testing policies.

Specifically, the Act does not require employers to permit or accommodate the use of medical cannabis or to modify the job or working conditions of any employee that uses medical cannabis. Employers are still permitted to implement and enforce drug testing policies, including disciplining, terminating, or refusing to hire an employee who uses medical cannabis. The Act also prohibits smoking or vaping medical cannabis in a public place or while operating a motor vehicle, and operating a motor vehicle while under the influence of medical cannabis.

The Act denies an individual the right to file a legal action against an employer for an adverse employment action taken because of their use of medical cannabis, and bars workers’ compensation claims for the costs related to the medical use of cannabis. Employers are also allowed to continue to use legal defenses against workers’ compensation claims because of a positive drug test or refusal to submit or cooperate with a drug test.

 

Action Items

1. Review SB 2095 here.
2. Have appropriate personnel trained on managing disability accommodations.
3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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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.

© 2022 ManagEase

APPLIES TO All Employers with 25+ Employees in Philadelphia

EFFECTIVE March 10, 2022

QUESTIONS? Contact HR On-Call (888) 378-2456

On March 10, 2022, Philadelphia’s COVID-19 Paid Leave Ordinance took effect. The Ordinance requires covered employers to provide up to 40 hours of paid sick leave to covered employees for COVID-19 related purposes until December 31, 2023.

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