|
APPLIES TO
All Employers with MS Employees
|
EFFECTIVE
February 2, 2022 |
QUESTIONS?
Contact HR On-Call
(888) 378-2456
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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
- Review SB 2095 here.
- Have appropriate personnel trained on managing disability accommodations.
- 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
Fourth Circuit: Overtime Gap Time is an FLSA Violation
/in HR AlertsAPPLIES TO
All Employers with MD, NC, SC, VA, and WV Employees
EFFECTIVE
January 5, 2022
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In Conner v. Cleveland Cty., N. Carolina, the Fourth Circuit Court of Appeals stated that using overtime to pay for contractually owed straight time is a violation under the Fair Labor Standards Act (FLSA). There, an employee was allegedly not paid at contractually owed rates for straight time in weeks in which she also received overtime pay, resulting in an overall deficit in owed pay. Read more
California: FMSCA Preempts State Meal and Rest Rules for Short-Haul Drivers
/in HR AlertsAPPLIES 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
Illinois: State Workers’ Compensation Act Does Not Prevent BIPA Claims
/in HR AlertsAPPLIES TO
All Employers with IL Employees
EFFECTIVE
February 3, 2022
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In McDonald v. Sympathy Bronzeville Park, LLC, the Illinois Supreme Court stated that Illinois’ Workers’ Compensation Act does not prevent employees from recovering statutory damages available under the Illinois Biometric Information Privacy Act (BIPA). There, an employee sought to recover damages claiming the employer improperly used a biometric system for employee identification and timekeeping, including failing to provide required employee notice of collecting, storing, and use of fingerprints, or obtain written releases from employees.
The employer claimed that the Illinois’ Workers’ Compensation Act barred the BIPA claims. Ultimately, the Illinois Supreme Court disagreed, saying that the Workers’ Compensation Act did not prevent employee claims under BIPA. The Court stated that the privacy rights covered under BIPA are different from the protections awarded for physical or mental injuries under the Workers’ Compensation Act.
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
Mississippi: Medical Marijuana is Legal!
/in HR AlertsAPPLIES 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
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
New York: DOL Issues State Sick Leave Law Final Regulations
/in HR AlertsAPPLIES TO
All Employers with NY Employees
EFFECTIVE
December 22, 2021
QUESTIONS?
Contact HR On-Call
(888) 378-2456
At the end of 2021, the New York Department of Labor (NY DOL) issued final regulations on the New York State Sick Leave Law. The regulations provide clarification on how employers should be administering statutory state paid sick leave.
Read more
Philadelphia, PA: COVID-19 Paid Leave Ordinance in Effect
/in HR AlertsAPPLIES 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.
Read more
Washington: WA Cares Amended and Premium Deadline Extended
/in HR AlertsAPPLIES TO
All Employers with WA Employees
EFFECTIVE
January 27, 2022
QUESTIONS?
Contact HR On-Call
(888) 378-2456
HB 1732 and HB 1733 delay and amend the Washington Cares Act (WA Cares) as of January 27, 2022. WA Cares was set to go into effect January 1, 2022; however, because the legislature was working on amendments, Governor Inslee issued a statement indicating that penalties would not be assessed before April 2022. These two new bills make some significant changes employers should be aware of.
The delay, and the refund mandate, are effective immediately. Employers should take immediate steps to correct payroll processes and return employee funds.
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
March Updates
/in HR AlertsAPPLIES TO
Varies
EFFECTIVE
Varies
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Department of Labor Increases Civil Monetary Penalties for 2022
Effective January 15, 2022, the DOL increased civil money penalties imposed under federal laws like ERISA, OSHA, FLSA, and FMLA. The higher penalty amounts apply for all penalties issued after January 15, 2022 where the violation occurred after November 2, 2015. The updated penalty schedule is contained in recently issued final regulations.
U.S. Department of Labor Clarifies Federal Contractor Minimum Wage
The DOL recently issued a memorandum that explains Executive Order 14026, which increased the minimum wage for federal contractors to $15 per hour. The DOL clarified that the Order only applies to new contracts entered into on or after January 30, 2022, and contracts that are renewed, extended, or have an option exercised on or after January 30, 2022.
Read more
California Reenacts COVID-19 Paid Sick Leave Law
/in HR AlertsAPPLIES TO
All Employers with CA Employees
EFFECTIVE
February 19, 2022
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On February 19, 2022, California’s reenacted COVID-19 paid sick leave law will go into effect. The law has retroactive effect to January 1, 2022 and lasts until September 30, 2022. Employers with more than 25 employees are required to comply with the law. Employers will be required to notify their employees of the new law. A model notice is expected to be issued by February 16, 2022.
Read more
SCOTUS Speaks – Federal Large Employer Vaccine Mandate Stayed; Healthcare Vaccine Mandate Now Enforced
/in HR AlertsAPPLIES TO
All Private Employers with 100+ Employees; Employers Who Receive Medicare/Medicaid Funds
EFFECTIVE
JAN 13, 2022
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The U.S. Supreme Court just issued two much-anticipated rulings on the federal vaccine mandates. In short, the mandate for large employers was stayed, and the stay against the healthcare mandate was lifted. Here is a breakdown of each case.
Read more