APPLIES 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

1. 1. Review policies and procedures for compliance with BIPA, including notice and release requirements.
   2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

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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.

© 2022 ManagEase

APPLIES 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.

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APPLIES 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.

• Employers must start collecting, remitting, and reporting employee premiums as of July 1, 2023.
• Employers must refund WA Cares premiums collected to date within 120 days of when the premiums were collected.
• As of July 1, 2023, broader employee populations may take advantage of new opt-out criteria. However, the deadline for original employee populations to opt out under the original criteria was not extended.
• The timeline for when qualified employees are eligible for benefits was also extended to July 1, 2026.

The delay, and the refund mandate, are effective immediately. Employers should take immediate steps to correct payroll processes and return employee funds.

Action Items

1. Remove WA Cares premium deductions from payroll process.
2. Refund previously deducted WA Cares premiums to employees by the applicable deadline.
3. Train appropriate personnel on the new requirements.
4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

 

 

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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.

© 2022 ManagEase

APPLIES 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.

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APPLIES TO All Employers

EFFECTIVE October 13 and 25, 2021

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

The U.S. Equal Employment Opportunity Commission (EEOC) updated Section K (Vaccinations – Overview, ADA, Title VII, and GINA) of its “What You Should Know” publication for COVID-19 guidance. It also added a new Section L for how employer vaccine rules are impacted by Title VII and religious objections.

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