Federal Contractor Vaccine Mandate Deadline Extended to January 4, 2022; New FAQs

To align with OSHA’s large employer vaccine mandate, the deadline for federal contractors and subcontractors to comply with the recent Executive Order implementing a vaccine mandate has been extended to January 4, 2022. Corresponding FAQs have also been expanded and updated.

 

Alabama: Prohibition on Discipline for Vaccine Mandate

On November 4, 2021, SB 9 prohibits employers with mandatory vaccine policies from terminating employees while they request an exemption for medical or religious reasons. Employees must be provided a statutory form to request an exemption. If an exemption is denied, the employer must continue the paid employment of an employee whose request is denied for at least seven days, or until an administrative law judge rules on an employee’s appeal of the denial. Even then, an employee has 14 days to file an appeal with the court; however, there is no independent cause of action afforded employees.

 

New Jersey: Tax Exemption Expires for Remote Workers

On October 1, 2021, the New Jersey Division of Taxation (NJDT) ended the temporary tax relief period, requiring employers to now withhold income taxes for remote employees who work in New Jersey. This change shifts the duty to calculate income taxes back to the location where the employee performs work, rather than the location of the employer. Employers should update payroll procedures accordingly.

 

New York: Updates to Paid Family Leave and Paid Vaccine Leave

On January 1, 2023, S.2928-A/A.06098-A will expand the definition of “family member” for purposes of paid family leave to include care for siblings with a serious health condition, including biological siblings, adopted siblings, step-siblings and half-siblings. Effective January 1, 2022, the state Workers’ Compensation Board removed the 60-day cap on the amount of intermittent paid family leave employees who work more than five days per week may take. On October 12, 2021, the New York State Department of Labor updated its Frequently Asked Questions to require employers to also provide up to four hours of paid vaccination leave for each COVID-19 booster shot.

 

 

 

 

 

 

 

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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.

© 2021 ManagEase

APPLIES TO All Employers

EFFECTIVE October 4, 2021

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

The Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury jointly issued FAQs on how employers can offer incentives for COVID-19 vaccination, or conversely, health plan charges for failure to get vaccinated.

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APPLIES TO All Employers with Tipped Employees

EFFECTIVE November 23, 2021

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

The U.S. Department of Labor (DOL) recently published a Tips Rule addressing civil money penalties (CMPs) for violations (2021 tips rule). In 2020, the DOL published a tips rule that was later partially delayed in 2021 (2020 tips rule). The three delayed portions are related to the assessment of CMPs under the Fair Labor Standards Act (FLSA) and the application of the FLSA tip credit to tipped employees who perform tipped and non-tipped duties (dual jobs). The remainder of the 2020 tip rule—consisting of those portions addressing the keeping of tips and tip pooling, recordkeeping, and minor technical changes made to update the regulations to reflect the new statutory language and citations added by the CAA amendments—became effective on April 30, 2021.

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APPLIES TO As Indicated

EFFECTIVE As Indicated

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

October in California means preparing for new laws in 2022. The Governor recently signed a new slate of bills into law. The following is a summary of key rules employers should be aware of.

 

OCT 5, 2021 | AB 654 – COVID-19 Safety Rule Update! AB 654 revises and clarifies employers’ COVID-19 workplace exposure notice and reporting requirements under last year’s AB 685.

• Employer notice requirements for COVID-19-related benefits must be sent to employees who were “on the premises at the same worksite as the qualifying individual within the infectious period.”
• Employer notice requirements for employees, employers of subcontracted employees, and exclusive representatives (if any) who were “on the premises at the same worksite as the qualifying individual within the infectious period” must include the employer’s cleaning and disinfection plan consistent with CDC guidelines and the employer’s COVID-19 prevention program per the Cal/OSHA COVID-19 Emergency Temporary Standard.
• Employers must provide notice of COVID-19 outbreaks to local public health agencies “within 48 hours or one business day, whichever is later.”
• Definitions of “close contact,” “high risk exposure period,” and “worksite” were changed to align with Cal/OSHA’s definitions.
• COVID-19 notice and reporting requirements were removed for certain healthcare and childcare employers since they are already subject to other requirements specific to their industries.

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