New York, NY: Biometric Privacy Law Applies New Requirements for Businesses

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Employers in NYC that Collect Biometric Data

EFFECTIVE

July 9, 2021

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Contact HR On-Call

(888) 378-2456

The New York City Biometric Identifier Information Law requires commercial establishments—such as retail stores, food and drink establishments, and entertainment venues—that collect customer “biometric identifier information” to post signage stating as such, and strictly prohibits selling or sharing such data, except with law enforcement. Financial institutions and government agencies, employees, and agents are exempt from the signage requirement, but are likewise prohibited from selling biometric data.

“Biometric identifier information” includes physiological or biological characteristics used to identify an individual, such as a retina or iris scans, finger or voice prints, hand or facial scans, or other such identifying characteristics.

Businesses are that are required to post signage have a 30-day notice and cure provision for a violation. Individuals may file a claim for noncompliance only after giving a business notice of the claimed violation and allowing the business 30 days to state in writing that the appropriate signage has been posted and no future violations will occur. Nevertheless, covered businesses should look to post the required signage as promptly as possible.

Action Items

  1. Review business practices to determine if applicable biometric identifier information is being collected and what the information is being used for.
  2. Update privacy protocols and protections.
  3. Display required poster.
  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.

© 2021 ManagEase

July Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:
  1. EEO-1 Reporting Deadline Extended Again!
  2. New Federal Sexual Orientation Protection Resources
  3. CFAA Violations Only Extend to Unauthorized Access, Not Improper Intent
  4. Sixth Circuit: HR Employees May Engage in Protected Activity in Their Regular Duties
  5. California: Owner’s Individual Wage and Hour Liability Clarified
  6. California: No Required Access to Agricultural Employer Property
  7. California: Right of Recall Rules Explained
  8. Los Angeles County, CA: Mandatory Masking Reinstated Regardless of Vaccination Status
  9. Marin County, CA: Mandatory Supplemental Paid Sick Leave for Small Employers
  10. Connecticut: Recreational Marijuana Legalized
  11. Portland, ME: Emergency Minimum Wage Delayed
  12. Michigan: COVID-19 Emergency Workplace Rules Ended
  13. New York: HERO Act Prevention Plans Available
  14. Oregon: Most Employer COVID-19 Restrictions Lifted
  15. Oregon: New Temporary Heat Standard
  16. Oregon: Noncompete Agreements Further Restricted
  17. Washington: New Emergency Heat Standard

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IMPORTANT! Minimum Wage Changes Starting July 1st

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As Indicated

EFFECTIVE

July 1, 2021, as indicated

QUESTIONS?

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(888) 378-2456

On July 1, 2021, 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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EEOC Updates Vaccination Rules – Again

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All Employers

EFFECTIVE

May 28, 2021

QUESTIONS?

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(888) 378-2456

The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its “What You Should Know” guidance about COVID-19. Specifically, Section K addressing COVID-19 vaccinations was updated with current information and expanded explanations on required versus voluntary vaccine policies, managing accommodations based on disability and religious beliefs, prescreen questions, and vaccine incentives. The following are key highlights employers should note.

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IMPORTANT! California: Cal/OSHA Update for COVID-19 Working Requirements

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All Employers with CA Employees

EFFECTIVE

June 17, 2021

QUESTIONS?

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(888) 378-2456

Cal/OSHA finally (finally) updated its Emergency Temporary Standard (ETS) rules. After multiple revisions, they now align with CDC guidelines and the reopening of the economy. The new rules were set to go into effect on June 28, 2021, but the governor issued an executive order to make them effective on June 17, 2021. Here are some key takeaways for employers.

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Los Angeles County, CA: Paid Vaccine Leave, Under Specific Circumstances

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All Private Employers with LA County Employees

EFFECTIVE

January 1, 2021

QUESTIONS?

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(888) 378-2456

An urgency ordinance adopted on May 18, 2021 requires private employers to provide paid vaccine leave under specific circumstances. The ordinance is effective immediately, applies retroactively to January 1, 2021, and remains in effect until August 31, 2021.

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Santa Clara County, CA: Mandatory Employee Vaccine Tracking

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All Individuals and Businesses in Santa Clara County

EFFECTIVE

May 18, 2021 and June 21, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

On May 18, 2021, Santa Clara County issued an emergency order requiring businesses to document the vaccination status of all personnel working in the County. The short-lived order was partially rescinded on June 21, 2021, but the new order still requires action by employers. Below is a summary of where things stand.

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Massachusetts: Emergency Paid Sick Leave Now in Effect!

APPLIES TO

All Employers with MA Employees

EFFECTIVE

May 28, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

H. 3702, as amended by H. 3771, requires employers to provide 40 hours of emergency paid sick leave (EPSL) to full-time employees, with separate prorated calculations for part-time (i.e., work less than 40 hrs./wk.) and variable hour employees. EPSL must be provided from May 28, 2021 through September 30, 2021, or until 15 days after the state receives $60 million in reimbursement applications, whichever is earlier. There is a $75 million fund available for employers to seek reimbursement from the state for EPSL benefits paid.

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Michigan: Updates MIOSHA’s COVID-19 Rules

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All Employers with MI Employees

EFFECTIVE

May 24, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Michigan Occupational Safety and Health Administration (MIOSHA) recently updated its COVID-19 rules to remove the remote working requirement and most masking and social distancing requirements for fully vaccinated employees.

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Montana: Wrongful Discharge, Vaccine Passports, and Tip Pooling Updates

APPLIES TO

All Employers with MT Employees

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Montana recently amended several employment laws, including the Wrongful Discharge from Employment Act, Human Rights Act, and Wage Protection Act. Key changes are highlighted below.

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