Entries by ManagEase

A Flurry of New DOL Opinions – Here Today, Gone Tomorrow?

APPLIES TO All Employers EFFECTIVE As Indicated QUESTIONS? Contact HR On-Call (888) 378-2456 The U.S. Department of Labor (DOL) issued a flurry of opinion letters at the end of the last administration. Some still stand and some were withdrawn. Here is a summary of some of the key opinions.

EEOC Updates Guidance on Discrimination, Severance Agreements, and More

APPLIES TO All Employers EFFECTIVE As Indicated QUESTIONS? Contact HR On-Call (888) 378-2456 The U.S. Equal Employment Opportunity Commission (EEOC) has already been making changes in 2021 to ICHRA contributions, its conciliation process, severance agreement rules, and religious anti-discrimination compliance. The following highlights key points.

H1-B Visa Updates: Lottery System Revised to Wage-Based Allocation

APPLIES TO All Employers with H1-B Visa Employees EFFECTIVE December 31, 2021 QUESTIONS? Contact HR On-Call (888) 378-2456 For employers hoping to hire foreign nationals for specialty occupations, the process for a worker to obtain an H1-B visa can be quite a journey. This year, the USCIS published a new regulation changing the former “lottery” […]

Federal Anti-Retaliation Protections Extended to Criminal Antitrust Whistleblowers

APPLIES TO All Employers EFFECTIVE December 23, 2020 QUESTIONS? Contact HR On-Call (888) 378-2456 The Criminal Anti-Retaliation Act of 2019 (the “Act”) prohibits employers from taking adverse actions in retaliation against individuals who report criminal antitrust violations to their employers or the federal government, and also protects individuals who participate in a federal investigation or […]

Ninth Circuit: Per Diem Benefits Included in Regular Rate

APPLIES TO All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Mariana Islands Employees EFFECTIVE February 8, 2021 QUESTIONS? Contact HR On-Call (888) 378-2456 In Clark v. AMN Services, the Ninth Circuit Court of Appeal stated that certain per diem benefits were not true business expenses and should be included […]

California: Dynamex is Retroactive!

APPLIES TO All Employers with CA Employees EFFECTIVE January 14, 2021 QUESTIONS? Contact HR On-Call (888) 378-2456 In Vazquez v. Jan-Pro Franchising International Inc., the California Supreme Court said that the ABC independent contractor test originally set forth in Dynamex is retroactive. Specifically, the Court stated that the decision did not change any “settled rule” about what […]

California: ETS Rules Clarified

APPLIES TO All Employers with CA Employees EFFECTIVE January 26, 2021 QUESTIONS? Contact HR On-Call (888) 378-2456 The California Department of Industrial Relations (DIR) recently issued an FAQ with updates clarifying the Cal/OSHA Emergency Temporary Standard (ETS). The following is a summary of some of the key points.

District of Columbia: Bans Non-Competition Agreements

APPLIES TO All Employers with DC Employees EFFECTIVE February 10, 2021 QUESTIONS? Contact HR On-Call (888) 378-2456 The District of Columbia passed the Ban on Non-Compete Agreements Amendment Act of 2020, which prohibits non-compete agreements entered into by any D.C. employee once the Act became effective, except certain physicians whose annual compensation exceeds $250,000, as […]

Michigan: Employees Quarantine Law Revised to Align with CDC, Exempts Critical Workers

APPLIES TO All Employers of MI Employees EFFECTIVE December 30, 2020 QUESTIONS? Contact HR On-Call (888) 378-2456 Just before the new year, Governor Gretchen Whitmer signed into law SB 1258, which brings Michigan’s employee quarantine laws into alignment with updated Dec 2, 2020 guidance from the federal Centers for Disease Control and Prevention (CDC).  The […]

New York City, NY: Ban-the-Box Protections Expanded

APPLIES TO All Employers of NYC Applicants and Employees EFFECTIVE January 9, 2021 QUESTIONS? Contact HR On-Call (888) 378-2456 New York City’s existing “ban-the-box” law, called the New York City Fair Chance Act (FCA), was recently expanded with the passing of bill Int. 1314-A.  The expanded FCA imposes stronger restrictions on employers who are considering […]