Indiana now prohibits all Indiana employers from imposing COVID-19 vaccination mandates unless those mandates include exemptions for medical or religious reasons and natural immunity from prior infection. The law applies to nearly all Indiana based employees, including independent contractors, subcontractors, and interns. However, the law does not apply to employees working in another state. Employers with federal contracts that have vaccination requirements as a condition to receive funds and healthcare facilities required to comply with the federal CMS mandate are also exempt. Finally, professional sports and entertainment venues do not have to comply so long as they provide accommodations that comply with federal law.

Employers that grant exemptions can still require employees to submit to COVID-19 testing, but not more than twice per week. The law is silent on whether the employer or employee would have to pay for these tests. Employers should consult applicable state and local laws, as well as collective bargaining agreements, to determine who is legally responsible for payment.

Employees may seek a medical exemption by submitting a statement in writing from a licensed physician, physician’s assistant, or advanced practiced medical nurse. The statement must say that the COVID-19 vaccine would be detrimental to the employee’s health or is medically contraindicated. Employees seeking a religious exemption simply need to submit a statement saying they will not be vaccinated because of a sincerely held religious belief. Natural immunity exemptions must be granted if the employee submits the results of an FDA approved lab test taken within the last three months. Employers can require that employees submit new test results every three months thereafter. If desired, employers can waive these requirements and just grant exemptions without employee submissions.

Action Items

1. Review HB 1001 here.
2. Have vaccination polices updated for compliance where applicable.
3. Have appropriate employees trained on the new requirements.
4. 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.

© 2022 ManagEase

AB 3950 prohibits employers from knowingly making use of a tracking device in a vehicle used by an employee without providing written notice. “Tracking device” means an electronic or mechanical device which is designed or intended to be used for the sole purpose of tracking the movement of a vehicle, person, or device, but does not include devices used for the purpose of documenting employee expense reimbursement.

First, employers should note the distinction that the requirement is for employers to provide written notice rather than obtain written consent, as may be the case in some other jurisdictions. Second, the rule applies regardless of who owns the vehicle being used by the employee. Third, the definition of “tracking device” appears to be narrowly scripted. Presumably, it does not apply to smartphones, which have a multitude of functions other than GPS tracking, or other similar multipurpose devices. However, it may apply to movement tracking devices used for tracking routes or monitoring safe driving.

Employers who fail to comply may be subject to a $1,000 civil penalty for the first violation, and up to $2,500 for each subsequent violation. Notably, the bill does not apply to state or local government entities or public transportation systems. It also does not interfere with interstate commerce regulations, such as using electronic communication devices mandated by the Federal Motor Carrier Safety Administration.

Action Items

1. Immediately provide written notice to employees of the use of geotracking devices.
2. Restrict geotracking to legitimate business needs and avoid privacy violations, as may be required by federal and state law.
3. Keep geotracking data confidential on a need-to-know basis.
4. Have appropriate personnel trained on the new rule.
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.

© 2022 ManagEase

Washington’s “Silenced No More Act” is creating significant changes for employers with nondisclosure and nondisparagement agreements. Following similar prohibitions in California, SB 1795 prohibits employers from entering into agreements that prevent current, former, or prospective employees or independent contractors, who are Washington residents, from disclosing or discussing conduct that occurs at the workplace, work-related events, between employees, or between an employer and an employee, whether on or off the employment premises, that the individual reasonably believes to be illegal discrimination, harassment, retaliation, wage and hour violations, sexual assault, or against public policy. Such agreements are void and unenforceable.

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IMPORTANT! EEO-1 Reporting for 2021 is Now Open Through May 17, 2022

On April 12, 2022, the EEOC announced that the 2021 EEO-1 Component 1 data collection portal is now open. The EEO-1 Component 1 report is a mandatory annual data collection that requires all private sector employers with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria, to submit workforce demographics including data by race/ethnicity, sex, and job categories. The deadline for submitting and certifying 2021 EEO-1 Component 1 Reports is May 17, 2022.

Tuscon, AZ: Updates to Employer Permissions Under Local Minimum Wage Act

Effective April 1, 2022, under Tuscon Ordinance No. 11868, an employer may not require an employee to receive minimum wage payments on a paycard, reloadable debit card or similar method that requires the employee to possess a valid Social Security number. In addition, unless required by law or a court order, an employer may not make deductions that would bring the employee’s pay to less than minimum wage, including but not limited to amounts deducted for employer-provided meals, and damaged, lost, or spoiled property.

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Form I-9 Remote Inspection Accommodation Extended to April 30, 2022

In order to accommodate social distancing and remote work during the pandemic, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement announced special rules in 2020 permitting employers to remotely inspect employee work authorization documents visually for purposes of Form I-9 compliance, with physical inspection delayed to a later date.  This accommodation was set to expire on December 31, 2021 but was extended to April 30, 2022. This provision only applies to employers and workplaces that are operating fully remotely.

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