Kansas: Businesses Protected from Liability in Response to COVID-19 Claims

APPLIES TO

Employers with KS Employees, as indicated

EFFECTIVE

August 7, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Kansas House Bill No. 2016 creates the COVID-19 Response and Reopening for Business Liability Protection Act, providing individuals or agents conducting business in Kansas with immunity from civil actions for COVID-19 claims under specified circumstances. The Act also provides immunity for specific businesses, such as healthcare providers and adult care facilities.  These provisions are generally intended to provide business owners with some protection from COVID-19 related claims when the businesses are acting on behalf of, or in compliance with, local statute and public health emergency directives.

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Maryland: Summer Employment Law Updates

APPLIES TO

All Employers with MD Employees

EFFECTIVE

October 1, 2020, unless otherwise noted below

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Maryland’s summer legislative updates include important changes to employer responsibilities in the wage transparency and paid sick leave domains, as well as amended requirements for state-level WARN Act requirements.  A brief summary of these updates are listed below.

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New York: Paid Voting Leave Rules Changed Back

APPLIES TO

All Employers with NY Employees

EFFECTIVE

April 3, 2020

QUESTIONS?

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(888) 378-2456

In April 2019, New York Election Law § 3-110 changed voting leave for employees to three hours of paid time off to vote, provided a request is made at least two working days prior to an election. However, in the state’s yearly budget for 2020, the legislature reverted the leave back to the previous rules.

Specifically, only two hours of paid voting leave is now required if an employee, who is a registered voter, does not have a four hour window to vote before or after a shift. Employees who do not have sufficient time to vote are allowed to take as much time off to vote as needed, but only two hours of that time must be paid. Employers may still designate that voting leave be taken at the beginning or end of an employee’s shift.

Employees must notify employers of the need for voting leave at least two, but no more than 10, working days before election day. Employers must also post a notice of employee voting leave rights in a conspicuous location where it can be seen as employees arrive at or leave the workplace. The notice must be posted at least 10 days before an election until the close of the polls on election day.

Action Items

  1. Have employee handbooks and voting policies revised for compliance.
  2. Revise voting leave processes in accordance with the new rules.
  3. Update voting posters for consistency with the new rules.
  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.

© 2020 ManagEase

Rhode Island: Court Affirms When Employers May Conduct “Reasonable Grounds” Drug Testing

APPLIES TO

All Employers with RI Employees

EFFECTIVE

May 29, 2020

QUESTIONS?

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(888) 378-2456

Rhode Island’s drug testing law allows employers to have employees undergo drug testing when the employer has “reasonable grounds” to believe that the employee may be under the influence of a controlled substance impairing their ability to perform their job.  In a recent case, the Rhode Island Supreme Court affirmed that the “reasonable grounds” standard can apply even where there is another possible explanation for an employee’s impaired behavior.

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Virginia: Pregnancy Accommodations, Pay Transparency, and Marijuana Decriminalization

APPLIES TO

Varies; See Below

EFFECTIVE

July 1, 2020

QUESTIONS?

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(888) 378-2456

In April of 2020, the Virginia legislature passed a number of bills affecting employee rights, such as LGBT anti-discrimination, wage theft prevention measures, and more.  In addition to these bills, there are further updates for Virginia employers to be aware of this summer.

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July Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. OSHA Publishes Guidelines on Face Coverings, Masks and Respirators in the Workplace
  2. Work Opportunity Tax Credit Can Be Used to Hire Underrepresented Workers
  3. NLRB Allows Prohibition of Cell Phones in the Workplace For Legitimate Business Reasons
  4. California: Remaining Provisions of State Sanctuary Law Stands
  5. California: Lighting Requirements for Outdoor Agriculture in Effect
  6. Long Beach, CA: City Issues Mandatory Worker Retention and Recall Orders
  7. Colorado: Hairstyle Discrimination Prohibited
  8. Illinois: New Amendments to School Activities Leave
  9. Indiana: Microchip Implantation Restriction
  10. Minneapolis, MN: Paid Sick Leave Approved by Court
  11. New Jersey: Mandatory Posting for Employee Misclassification Now Available
  12. Bernalillo County, NY: Wellness Act and PTO Provisions Extended to Oct 1, 2020
  13. Suffolk County, NY: Ban the Box Legislation Goes into Effect August 2020
  14. South Dakota: Discrimination Against Interns Prohibited
  15. Texas: Local Paid Sick Leave Ordinances Still in Limbo

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U.S. Supreme Court Protects LGBTQ+ Rights in the Workplace

APPLIES TO

All Employers subject to Title VII

EFFECTIVE

June 15, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Bostock v. Clayton County, the U.S. Supreme Court said that sex discrimination under Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and transgender status. The Court stated that “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.”

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COVID-19: EEOC Clarifies When “Higher Risk” Employees May Be Excluded From the Workplace

APPLIES TO

All Employers Subject to the Americans with Disabilities Act

EFFECTIVE

May 7, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Businesses are starting to bring employees back to work; meanwhile, COVID-19 is still a reality and concern that employers are grappling with. Employers are trying to do their best to limit the spread of the disease in the workplace and want to protect those employees who are most vulnerable. The Equal Employment Opportunity Commission (EEOC) recently updated its “What You Should Know” website with information about when employees can be excluded from the workplace because of their status as a “higher risk” individual, consistent with protections under the Americans with Disabilities Act (ADA).

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COVID-19: Employers Can Accept Expired Identity Documents for Form I-9

APPLIES TO

All Employers

EFFECTIVE

May 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The U.S. Citizenship and Immigration Services (USCIS) recently announced a temporary policy allowing employers to accept expired List B identity documents when completing Form I-9. Specifically, List B documents set to expire on or after March 1, 2020 may be treated the same as if the employee presented a valid List B document for Form I-9 purposes.

If an employee has an expired document that is not otherwise extended by the issuing authority, the employer must record the document information in Section 2 under List B and write “COVID-19” in the Additional Information Field. Within 90 days after the temporary policy ends, the employee must provide a valid, unexpired document to replace the expired document given when they were initially hired. However, the employee may present a different List A or List B document and is not required to present an unexpired version of the earlier document. The employer must record the new document information in the Additional Information Field and initial and date the change.

If an employee has an expired document that is extended by the issuing authority, the employer must record the document’s expiration date in Section 2, enter “COVID-19 EXT” in the Additional Information Field, and  attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents.  Where the issuing authority has extended the validity of the document, the employee is not required to later present a valid, unexpired List B document.

Employers should stay informed for when this temporary policy is discontinued by the Department of Homeland Security to return to regular Form I-9 procedures and update completed Form I-9’s where applicable.

Action Items

  1. Review the temporary policy here.
  2. Have hiring personnel trained on how to complete Form I-9.
  3. Track expired List B documents for replacement after the temporary policy ends.
  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.

© 2020 ManagEase

COVID-19: OSHA Recording Requirements Updated for All Employers

APPLIES TO

All Employers Subject to OSHA

EFFECTIVE

May 26, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Occupational Safety and Health Administration (OSHA) recently issued updated enforcement guidance for recording COVID-19 illnesses. “The guidance is intended to be time-limited to the current COVID-19 public health crisis.” Specifically, employers are responsible for recording cases of COVID-19, if:

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