New Jersey: Physical Examination with Drug Testing Put on Hold

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All Employers with NJ Employees

EFFECTIVE

August 19, 2021

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The New Jersey Cannabis Commission published its Initial Rules for Personal Use of Cannabis, addressing issues for adult use of recreational cannabis. The Initial Rules address at least one employer concern regarding drug testing.

Previously, the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) included a provision that required any employer-sponsored drug testing of employees or applicants to include a “physical examination.” The physical examination must be conducted by a person certified to recognize drug impairment, with the New Jersey Cannabis Commission developing a certification program to train and certify individuals to conduct such evaluations.

The Initial Rules have put the physical examination component of employer drug testing on hold.  The Rules indicate that until the Commission has developed standards for the certification program, no physical evaluation of an employee undergoing drug testing will be required.

Action Items

  1. Review the Initial Rule here.
  2. Have drug testing procedures reviewed consistent with the current rules.
  3. 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

New York: Healthcare Worker Vaccine Mandate in Effect

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Healthcare Industry Employers with NY Employees

EFFECTIVE

August 26, 2021

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(888) 378-2456

The New York State Department of Health issued emergency regulations requiring workers in healthcare facilities to get vaccinated. The emergency regulations expand on the Summary Order on vaccination issued a week prior. The regulations apply to specific categories of healthcare providers, including hospitals, nursing homes, diagnostic and treatment centers, certain home health agencies and programs, hospices, and adult care facilities. They also apply to anyone employed by or affiliated with a covered employer, regardless of whether they are paid.

Hospitals and nursing home workers must receive their first vaccine dose by September 27, 2021; all other categories of healthcare providers must have their employees receive their first dose by October 7, 2021. Unless an individual has a medical exemption, employees are not permitted to work if they do not meet the requirements by the stated deadlines. There is no exemption for religious beliefs.

Employers must issue a vaccination policy consistent with the regulations. They must also keep evidence of vaccination status, medical exemption certifications, and reasonable accommodations. The emergency regulations will expire on November 24, 2021, unless further action is taken.

 

Action Items

  1. Review the emergency regulations here.
  2. Implement a mandatory vaccine policy and procedures consistent with the new requirements.
  3. 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

New York, NY: Mandatory Retirement Savings Plan for All Employees

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All Private Employers with 5+ NYC Employees

EFFECTIVE

August 9, 2021

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(888) 378-2456

New York City Bill Nos. 888-A and 901-A, collectively referred to as the “Retirement Security for All” acts, will require private employers of five or more employees to enroll covered staff in either a city or company-managed retirement savings plan.

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Virginia: Update to Final Permanent Standard to Prevent Transmission of COVID-19

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As Indicated

EFFECTIVE

As Indicated

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(888) 378-2456

 

Last year, Virginia implemented an emergency temporary standard to combat COVID-19. This year, Virginia made the standard permanent.  On September 8, 2021, new updates to the Final Permanent Standard were issued to streamline the rules and make them compatible with current standards.

Exposure risk levels (lower, medium, high, very high) have been eliminated in favor of two main distinctions: “higher-risk” workplaces and healthcare services and support employers.  Higher-risk workplaces are those with employees who are not fully vaccinated, are in a location with substantial or high community transmission (regardless of vaccination status), and otherwise at-risk workplaces where employees are working close together, have prolonged or frequent contact with coworkers or the public, work indoors with inadequate ventilation, may be exposed to the virus through respiratory droplets or aerosols, or commonly share employer-provided transportation and living quarters. The update also provides examples of higher-risk workplaces.

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September Updates

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Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

2019 & 2020 EEO-1 Reporting Deadline Extended for the Final Time

Acknowledging the continuing impact of the pandemic on business operations, the U.S. Equal Employment Opportunity Commission decided to extend the reporting deadline for 2019 and 2020 EEO-1 filings once again. This final extension moves the new deadline out to Monday, October 25, 2021.

Private sector employers of over 100 or more employees, and federal contractors of 50 or more who meet certain criteria, are required to submit demographic workforce data each year. Employers can complete their EEO-1 filing online.

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Do New Executive Orders Create a Vaccine Mandate for Employers?

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All Employers with 100+ Employees

EFFECTIVE

September 9, 2021

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(888) 378-2456

 

On September 9, 2021, the White House issued two executive orders and announced additional forthcoming rules regarding COVID-19 safety requirements as part of its Path Out of the Pandemic Action Plan (Action Plan). Employers now have questions about what this news means for them. So, let’s break down each piece.

 

All Employers with 100+ Employees

President Biden announced that he instructed the Occupational Safety and Health Administration (OSHA) to draft a new emergency rule requiring private employers with 100+ employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. Additionally, employers must provide their workers with paid time off to get vaccinated against COVID-19 and recover from any vaccination-related side effects. OSHA is expected to issue the emergency rule in coming weeks, which will reportedly include a required $14,000 fine per violation for failure to comply.

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What Employers Need to Know About the CDC’s Latest Mask Update

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All Employers in Nonhealthcare Settings

EFFECTIVE

July 27, 2021

QUESTIONS?

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(888) 378-2456

The CDC recently updated its mask guidance for vaccinated individuals (in nonhealthcare settings) to “wear a mask indoors in public if you are in an area of substantial or high transmission.” The CDC also provides a map of the country indicating which counties currently have substantial or high COVID-19 transmission, versus moderate or low transmission. As a result, multiple states are updating their own state mask requirements and guidelines to mirror those of the CDC.

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7th Circuit: Ministerial Exemption Applies to Hostile Work Environment Claims

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All Employers in IL, IN, WI with Ministerial Employees

EFFECTIVE

July 9, 2021

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(888) 378-2456

In 2020, in Demkovich v. St. Andrew the Apostle Parish, Calumet City, the Seventh Circuit Court of Appeal stated that the ministerial exception does not bar hostile work environment claims under federal employment discrimination laws. Religious organizations may claim exemption from anti-discrimination laws in employment relationships with employees who have ministerial duties that meet the ministerial exception. More recently, the Seventh Circuit reviewed the case en banc and reversed the original opinion.

Specifically, the Seventh Circuit en banc now stated that the ministerial exception prohibits hostile work environment claims that arise under employment discrimination laws, in part, because the risk of entanglement in religious matters is excessive. Originally, the court limited the ministerial exception to hiring and firing decisions but eliminated its extension to ongoing employment decisions. In contrast, the court sitting en banc stated that ongoing employee supervision is as equally important to organizational autonomy as managing hiring and firing decisions. This view differed significantly from the original opinion which found only a modest risk of entanglement and potential interference in religious internal governance. With this shift, employers in the Seventh Circuit should again review their policies and practices to ensure compliance with anti-discrimination laws.

Action Items

  1. Have policies and practices to ensure compliance with anti-discrimination laws.
  2. 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

California: Permissible Overtime Calculations for Dual-Rate Employees

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All Employers with CA Employees

EFFECTIVE

June 25, 2021

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Levanoff v. Dragas, the California Court of Appeal stated that employers with employees who earn wages at more than one rate may use the rate-in-effect method of calculating overtime. Specifically, employees who work at different rates of pay within a single pay period (dual rate employees) may be paid for overtime hours based on the rate in effect when the overtime hours began (rate-in-effect method).

There, dual rate employees claimed that they should have been paid using the weighted average method of calculating overtime. However, the court stated that California law does not mandate the use of the weighted average method. Moreover, the pay policy must be scrutinized for whether it is neutral on its face and in its application. A policy is neutral on its face if it applies to all employees without regard to whether the employer or employee benefits from the policy’s operation. A policy is neutral in application if it does not systematically undercompensate employees, and “a system is fair and neutral and does not systematically undercompensate employees where it results in a net surplus of compensated hours and a net economic benefit to employees viewed as a whole.”

The court also looked at the policy’s net effect on overall employee compensation. There, the dual rate employees received net greater overtime pay under the rate-in-effect method than they would have received under the weighted average method. Because the calculation method used was lawful, the court did not address what overtime pay method must always be used. Employers should continue to review pay policies for neutrality and overall employee benefit.

Action Items

  1. Review overtime pay policies for compliance.
  2. 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

Connecticut: Institutes Statewide Right to Recall Act

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APPLIES TO

All Employers with 15 or more CT Employees in Specified Industries

EFFECTIVE

July 13, 2021

QUESTIONS?

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(888) 378-2456

Substitute Senate Bill No. 658, signed into law on July 13, 2021 and effective immediately, obliges employers in specified hospitality and business service industries to follow new recall and retention requirements. These new provisions follow in the same vein as a number of other states and municipalities in response to workers impacted by the pandemic.

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