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APPLIES TO All Employers with IN Physician Employees |
EFFECTIVE July 1, 2020 |
QUESTIONS? Contact HR On-Call |
Indiana HB 1004 imposed restrictions on noncompete agreements with physicians originally entered into on or after July 1, 2020. To be enforceable, a noncompete agreement with a physician must include all of the following provisions:
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APPLIES TO All Employers with MD Employees |
EFFECTIVE October 1, 2020 |
QUESTIONS? Contact HR On-Call |
With the unprecedented impact of COVID-19, some states have relaxed the provisions of their local WARN Acts. Maryland, on the other hand, has enacted amendments mandating certain requirements even for small job actions. Recent amendments to the Economic Stabilization Act will require employers to fulfill notice obligations and continue benefits, triggered by a closure of all or some business operations of as few as 15 employees.
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APPLIES TO All Employers with NYC Employees |
EFFECTIVE April 19, 2020 |
QUESTIONS? Contact HR On-Call |
Effective April 19, 2020, the New York City Commissioner ordered that individuals who self-identify a need to isolate due to COVID-19 are eligible for immediate paid time off under New York’s statewide COVID-19 Quarantine/Isolation Order Law.
The Order applies to an individual who (A) tests positive for COVID-19, or (B) has symptoms of COVID-19 and was in contact with someone who tested positive or had symptoms of COVID-19. Employees who meet one of these requirements may request COVID-19 sick leave from their employer, available as paid or unpaid leave of a duration depending on the employer’s size and net income.
The Order contains three appendices applicable to different types of employees: healthcare personnel, non-healthcare essential employees, and non-essential employees. An employee seeking COVID-19 specific leave time must complete and sign off the applicable appendix affirming that their medical status is true and accurate. The employee must submit the appendix plus additional documentation (e.g., test results or a medical consultation) evidencing the need for self-isolation.
Action Items
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
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APPLIES TO Varies |
EFFECTIVE Varies |
QUESTIONS? Contact HR On-Call (888) 378-2456 |
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APPLIES TO All Employers |
EFFECTIVE April 23, 2020 |
QUESTIONS? Contact HR On-Call |
The Equal Employment Opportunity Commission (EEOC) recently updated its “What You Should Know” website with information related to testing for COVID-19. Specifically, the EEOC says that employers may require employees to be tested for COVID-19 before permitting them to return to work. What does this entail?
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APPLIES TO All Employers |
EFFECTIVE March 20, 2020 |
QUESTIONS? Contact HR On-Call |
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) recently announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Specifically, employers hiring remote employees who are taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. If employers are performing inspections remotely (e.g., over video link, fax or email, etc.), they must obtain, inspect, and retain copies of the Section 2 documents within three business day of hire. In addition to completing Section 2, Employers also should enter “COVID-19” in the Additional Information field of the form. A physical inspection of original identity and work authorization documents must take place within three business days after normal operations resume. The date of the physical inspection and who conducted it, should also be recorded in the Additional Information field. Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee.
Employers should note that this reprieve only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9. For more information on how to complete Form I-9, employers should review the recently updated USCIS Form M274 – Handbook for Employers: Guidance for Completing Form I-9.
Action Items
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
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APPLIES TO All Employers |
EFFECTIVE March 26, 2020 |
QUESTIONS? Contact HR On-Call |
At the end of 2019, the U.S. Department of Labor (DOL) issued a final rule on regular rate requirements under the Fair Labor Standards Act (FLSA). The DOL recently published opinion letters clarifying how to calculate the regular rate in connection with the final rule.
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APPLIES TO All Employers with Employees |
EFFECTIVE May 4, 2020 |
QUESTIONS? Contact HR On-Call |
The Employee Benefits Security Administration, the Department of Labor, the Internal Revenue Service, and the Department of the Treasury (“the Agencies”) recently issued a joint notification of relief, extending COBRA and ERISA deadlines and election periods.
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APPLIES TO All Employers with Employees |
EFFECTIVE April 16, 2020 |
QUESTIONS? Contact HR On-Call |
Due to the unprecedented impact of COVID-19 on the global population, OSHA recently issued a memo directing its Compliance Safety and Health Officers (CSHO) to take a practice approach in determining if an employer has made good-faith efforts to comply with safety obligations, such as training, equipment inspections, auditing, and testing.
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APPLIES TO All Employers with LA, MS, and TX Employees |
EFFECTIVE April 20, 2020 |
QUESTIONS? Contact HR On-Call |
On April 20, 2020, in Hewitt v. Helix Energy Sols. Grp., Inc., the Fifth Circuit Court of Appeal stated that an employee who is paid a daily rate is not paid on a “salary basis.” The Fair Labor Standards Act (FLSA) states:
“An employee will be considered to be paid on a ‘salary basis’ within the meaning of this part if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee’s compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed.”
The court stated that the term “predetermined amount” of pay means that an employee knows what they will be paid before the work is performed. There, an oil rig worker was paid on a biweekly basis a set amount for each day worked. Although the employee knew he would be paid biweekly, the exact amount of pay was not calculated until after the work was performed, because it was based on the number of days worked in the week. The FLSA requires exempt employees to receive the full salary for any week in which work is performed, without regard to the number of days or hours worked, which was not the case there.
Action Items
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