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APPLIES TO All Employers with CA, CT, DC, FL, IL, MD, MN, NV, and OR Employees |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
On July 1, 2022, minimum wage will increase in states and localities across the country. Although not a comprehensive list, the following are key areas to review.
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APPLIES TO All Employers with 15+ Employees |
EFFECTIVE April 5, 2022 |
QUESTIONS? Contact HR On-Call |
The U.S. Department of Justice (DOJ) recently published “The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery” which provides guidance to employers on how to manage employees recovering from opioid addiction.
Most notably, the guidance states that the Americans with Disabilities Act (ADA) prohibits discrimination against people in recovery from opioid use disorder (OUD) who are not engaging in illegal drug use. While this is not necessarily a new concept given that drug addiction is considered a physical or mental impairment under the ADA, the DOJ’s guidance clarifies that OUD is included under the law’s protections.
Additionally, the ADA protects individuals who are taking legally prescribed medication to treat their opioid use disorder, as long as they are not engaged in the illegal use of drugs. Drugs used to treat OUD are not considered an “illegal use of drugs” if the individual uses the medication under the supervision of a licensed health care professional, including methadone, buprenorphine, or naltrexone as approved by the Food and Drug Administration (FDA) for treatment of OUD. For employers, this means drug testing policies may need to be modified to account for opioid medicines prescribed to treat OUD. Specifically, employees may not be denied, or fired from, a job for this legal use of medication, unless they cannot do the job safely and effectively, or are disqualified under another federal law.
Action Items
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
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APPLIES TO Employers with 15+ AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, or North Mariana Islands Employees |
EFFECTIVE April 7, 2022 |
QUESTIONS? Contact HR On-Call |
In Buchanan v. Watkins & Letofsky, the Ninth Circuit Court of Appeals stated that the same test that applies under Title VII for determining whether employers are integrated, also applies to the Americans with Disabilities Act (ADA). Both Title VII and the ADA apply to employers with 15 or more employees. In situations where an employer has less than 15 employees, they still may meet the minimum threshold if they are an integrated employer whose employees total 15 or more.
The test for integrated employer under Title VII requires consideration of four factors: (1) interrelation of operations; (2) common management; (3) centralized control of labor relations; and (4) common ownership or financial control. Because Title VII and the ADA have long been analyzed in parallel fashion and the statutes include the same threshold and statutory enforcement scheme, the court stated that this same test applies in the context of ADA claims.
There, an employee claimed discrimination under the ADA for failure to accommodate her disability. She worked for one employer in Nevada with less than 15 employees. However, the employer had another business in California with common controls. Ultimately, the case was remanded to the lower courts to determine the number of total employees between the businesses.
Action Items
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
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APPLIES TO All Employers with In-Person CA Employees |
EFFECTIVE May 6, 2022 |
QUESTIONS? Contact HR On-Call |
Cal/OSHA’s emergency temporary standard (ETS) addressing COVID-19 safety in the workplace has been readopted through the end of the year. Some requirements stay the same (e.g., exclusion pay) and some have significant changes. Here is a summary look at key changes employers should be aware of.
Since 2020, Executive Order N-84-2020 states that CDPH/local rules control for exclusion and return-to-work periods to the extent they are longer than those in the ETS. Now, the ETS specifically references requirements issued by the California Department of Public Health (CDPH), stating that CDPH rules control to the extent they exist.
Previously, safety standards were based on whether or not individuals were “fully vaccinated.” Now, reference to “fully vaccinated” has been completely removed from the ETS, bringing it in line with current CDPH quarantine/isolation guidance. This affects numerous rules:
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APPLIES TO All Employers with CT Employees |
EFFECTIVE TBD |
QUESTIONS? Contact HR On-Call |
On March 22, 2022, Connecticut issued its final proposed regulations for the state’s Family and Medical Leave Act (CTFMLA). The proposed regulations make quite a few changes to previously released regulations and are expected to soon be adopted in their current form or with limited revisions. The biggest change is that CTFMLA would apply to all employers with one or more employees, a significant change from the previous standard applying the law to employers with 75 or more employees. The following are additional key changes employers should note.
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APPLIES TO All Employers with 15+ Employees |
EFFECTIVE April 22, 2022 |
QUESTIONS? Contact HR On-Call |
Florida recently enacted the Stop W.O.K.E. Act, amending the Florida Civil Rights Act. While much has been written about the law nationally, there has been little focus on the items of the bill that impact employers – specifically an employer’s efforts to provide training on diversity, equity, and inclusion (DEI), discrimination, and harassment in the workplace.
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APPLIES TO All Employers with 100+ IL Employees |
EFFECTIVE March 24, 2022 |
QUESTIONS? Contact HR On-Call |
The Illinois Equal Pay Act amendments went into effect on March 24, 2022. By March 23, 2023, employers with 100 or more employees must apply for an Equal Pay Registration Certificate with the Illinois Department of Labor (IDOL). Following application, and once the IDOL gives the employer a registration deadline, the employer must provide a compliance statement, a copy of the employer’s most recent EEO-1 report, a list of employees (including county worked, hire date, and last year’s wages), and a $150 filing fee.
The IDOL also recently added FAQs on how to obtain the certificate. The FAQs clarify the definition of wages required to be reported, employee rights to request their data, and how to determine whether employers meet the 100-employee threshold to be covered by the Act. Note that the IDOL is expected to file additional regulations regarding the Act. For now, employers should implement existing guidance for compliance.
Action Items
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
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APPLIES TO All Private Employers with 11+ Employees |
EFFECTIVE January 1, 2023 |
QUESTIONS? Contact HR On-Call |
Beginning January 1, 2023, HP 160 will require private employers with 11 or more employees to pay all accrued, unused paid vacation when an employee leaves employment. Payment must be made no later than the next payday following exit. “Cessation of employment” includes the sale of a business. This means that all employees would be paid their unused vacation time when the business they work for is sold, even if they continue employment under the new ownership.
Violations for unpaid wages will also include unpaid vacation time, including interest, plus an amount equal to twice the amount of unpaid vacation for damages, costs, and attorney’s fees. Notably, the new law’s language is very similar to Maine’s recent Earned Paid Leave law regulations, so employers should watch for regulations from Maine’s DOL on how to comply with both laws and potentially overlapping requirements.
Action Items
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
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APPLIES TO All Employers with MD Employees |
EFFECTIVE October 1, 2023 |
QUESTIONS? Contact HR On-Call |
Maryland recently passed the Time to Care Act, requiring all employers to provide eligible Maryland employees with paid family and medical leave. The following is a key summary of the Act’s requirements.
Covered Employees: A covered employee is any employee that has worked at least 680 hours over the 12-month period immediately preceding the date they start eligible leave.
Reasons for Leave: Covered employees may take leave:
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APPLIES TO All Employers with 5+ MS Employees |
EFFECTIVE July 1, 2022 |
QUESTIONS? Contact HR On-Call |
HB 770 implements equal pay protections for full-time Mississippi employees, following similar rules under the federal Equal Pay Act. Specifically, employers with five or more employees are prohibited from paying workers less than they pay workers of the opposite sex in the same establishment for equal work requiring equal skill, education, effort, and responsibility, and performed under similar working conditions.
Pay disparities are permitted only if the employer can show that the differential is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or any other factor other than sex. “Any other factor other than sex” includes, but is not limited to: (1) the salary history or continuity of employment history as compared to an employee of the opposite sex; (2) the extent to which there was competition with other employers for the employee’s services as compared to employees of the opposite sex; and (3) the extent to which the employee attempted to negotiate for higher wages as compared to employees of the opposite sex. Violators must pay back wages, interest, and attorneys’ fees and costs.
Employers may not discharge, discriminate, or retaliate against any employee for taking any action to enforce the bill. There is a two-year statute of limitations on remedies under the bill. Also, the bill purports to remove employee protections under the state law if an employee pursues equal pay protections under federal law, and vice versa. This last provision is expected to be challenged in court.
Mississippi was the last state in the country to enact its own equal pay law. However, employers should note that the bill is more expansive in employer permissions than those of other states or under federal law. Employers must take care to follow the rules of the states in which they operate, as well as applicable federal equal pay laws.
Action Items
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