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APPLIES TO All Employers |
EFFECTIVE November 8, 2021 |
QUESTIONS? Contact HR On-Call |
On October 25, 2021, the Biden Administration announced new COVID-19 related rules for travelers entering or departing the United States. Specifically, travelers coming to the U.S. must have proof of full vaccination against COVID-19 and a recent negative test to be permitted entry to the country, with narrow exemptions.
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APPLIES TO All Employers with Tipped Employees |
EFFECTIVE December 28, 2021 |
QUESTIONS? Contact HR On-Call |
The U.S. Department of Labor (DOL) recently published a Tips Rule addressing tip credits for employees who perform tipped and non-tipped duties (dual jobs). In 2020, the DOL published a tips rule that was later partially delayed in 2021 (2020 tips rule). The DOL already issued a final rule for the assessment of civil money penalties (CMPs) under the Fair Labor Standards Act (FLSA), and now addresses the dual jobs issue.
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APPLIES TO All Employers with CO, KS, NM, OK, UT, and WY Employees |
EFFECTIVE October 8, 2021 |
QUESTIONS? Contact HR On-Call |
In Peterson v. Nelnet Diversified Solutions, LLC, the Tenth Circuit Court of Appeal stated that employers must pay for regularly performed pre-shift activities that are integral and indispensable to the employees’ job duties. Even though employees spent an average of two minutes per shift on pre-shift activities, the court said that this time was not de minimis and was required to be compensated.
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APPLIES TO All Employers with AL, FL, GA Employees |
EFFECTIVE September 30, 2021 |
QUESTIONS? Contact HR On-Call |
In Gelber v. Akal Security, Inc., the Eleventh Circuit stated that an automatic meal period deduction for compensable air travel time violated the FLSA. Specifically, where time is deemed work time that is compensable, employers may not deduct pay from that time.
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APPLIES TO All CA Businesses |
EFFECTIVE October 18, 2021 |
QUESTIONS? Contact HR On-Call |
The California Department of Fair Employment and Housing (DFEH) recently issued COVID-19 guidance under the Unruh Civil Rights Act (Unruh Act), which prohibits discrimination from businesses based on an individual’s protected category status. The DFEH confirms that businesses may employ nondiscriminatory safety measures. The Guidance does not mandate new requirements, but interprets the current pandemic in concert with the Unruh Act.
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APPLIES TO All Employers with NY Employees |
EFFECTIVE October 8, 2021 |
QUESTIONS? Contact HR On-Call |
Earlier this year, the Marijuana Regulation and Taxation Act (MRTA) became effective, legalizing recreational marijuana use and possession for adults aged 21 and older. In October, the New York state Department of Labor published additional guidance and an FAQ addressing questions on employer rights and responsibilities with regard to managing marijuana usage and the workplace.
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APPLIES TO All New York General Contractors |
EFFECTIVE January 4, 2022 |
QUESTIONS? Contact HR On-Call |
New York general contractors take heed: new legislation that becomes effective next year makes general contractors jointly and severally liable for wages, benefits, or wage supplements owed by subcontractors to construction workers, even if the general contractor is not ordinarily the employer or joint employer of the worker. The new law becomes effective January 4, 2022 and applies to new contracts as well as already-existing contracts that are extended or amended after January 4, 2022.
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APPLIES TO Employers with Employees in Charlotte, Mecklenburg County, Raleigh City, and Wake County, NC |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
In North Carolina, a number of new ordinances expand upon local anti-discrimination policies, extending nondiscrimination protections to a number of new classes.
Charlotte and Mecklenburg County. Previously, the city of Charlotte and Mecklenburg County’s policies governing public accommodations (including restaurants and businesses) prohibited discrimination based upon race, gender, religion, national origin, ethnicity, age, and disability. New ordinances effective October 1, 2021 add several new classes to this list: sexual orientation, gender identity, gender expression, familial status, veteran status, pregnancy, and natural hairstyle.
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APPLIES TO All Employers with VA Employees |
EFFECTIVE January 4, 2022 |
QUESTIONS? Contact HR On-Call |
Prevailing Wage Statute. Contractors and subcontractors working on state public projects must pay prevailing wage rates to any mechanic, laborer, or worker who provides service in connection with the public project. Contractors must certify the pay scale used for each craft or trade employed under the public contract when the contractor is awarded a contract. Further, contractors will be required to preserve records related to compensation, classification, and hours worked for each worker for a minimum of six years.
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APPLIES TO Varies |
EFFECTIVE Varies |
QUESTIONS? Contact HR On-Call (888) 378-2456 |
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.
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.
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