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Florida: New Hire and Contractor Reporting Expanded

As of October 1, 2021, employers of all sizes are required to report new hires and rehires within 20 days of employment to the State Directory of New Hires, which provides information to the Florida Child Support Program. Previously, only employers of 250 or more employees were subject to reporting. SB 1532 removes the headcount requirement, and additionally requires employers to report independent contractors who are or will be paid more than $600 in a calendar year.

Maine: Mandatory COVID-19 Vaccination for Public Employees

On September 17, 2021, the Maine Department of Labor announced that public sector employees of Maine will be subject to President Biden’s COVID-19 vaccine mandate as part of Maine’s state plan agreement with the federal government.

 

The mandate includes a directive for federal OSHA to develop a new rule requiring all private employers with 100+ employees to become fully vaccinated or be subject to weekly testing. Once OSHA issues the new rule, the Maine Board of Occupational Safety and Health must adopt or announce an alternative rule shortly thereafter.

 

 

Missouri: Domestic and Sexual Violence Leave Poster Now Available

Employers who employ 20 or more Missouri employees must provide a Notice to Victims of Domestic and Sexual Violence Leave Time Allowed to each employee no later than October 27, 2021, and at the time of hire for each person hired after that date. The Notice to Victims is now available for download on the state Department of Labor website.

 

 

Nevada: Sick Leave Required Posting Now Available

The Nevada Office of the Labor Commissioner recently made the AB 190 required posting available on its website.  AB 190 modified the Nevada Revised States (NRS) by adding a section that addresses sick leave eligibility, usage, prohibits retaliation, and defines “family members” for whom sick leave may be taken.  Employers who provide paid or unpaid sick leave must display the notice in the workplace and comply with its requirements.

 

 

New Jersey: NJLAD Expands Age Protections from Discrimination

On October 5, 2021, AB 681 amended the New Jersey Law Against Discrimination (NJLAD) to eliminate the provision that allowed employers to refuse to hire or promote anyone over 70 years old. Employers should update discrimination policies and train appropriate personnel on the updated change.

 

 

New York City, NY: New Employment Bills for Hospitality Workers and Delivery Drivers

New York City passed a number of bills that affect the working conditions of hospitality workers and delivery drivers, as a response in part to COVID-19. These bills include the following:

  • Severance pay for hotel workers ( 2397-2021): certain hotel operators must pay severance to employees under specific closure and headcount conditions.
  • Study regarding minimum payments for delivery workers ( 2294-2021-A): requires the NYC Department of Consumer and Worker Protection to conduct a study, then promulgate rules, that establish a method for determining minimum payments from third-party delivery or courier services to the delivery workers.
  • Notice to patrons regarding delivery driver tips ( 1846-2020): prohibits food delivery apps from soliciting customer tips unless it discloses specific information about how the gratuity is allocated. The bill also requires the app to notify the delivery worker about details of any customer-provided gratuity and related delivery worker earnings.
  • Limitations on distance and routes for delivery drivers (INT. 2289-2021-A): food delivery workers must have the ability to set their own limitations on distance and routes traveled, and employers must disclose trip and gratuity information to the worker prior to the worker accepting the trip.
  • Limitations on delivery distance ( 2399-2021): delivery workers may set the maximum distance to travel per trip for delivery food, beverages, or other food service goods.
  • Limitations on third-party delivery service fees ( 2390-2021): limits the third-party food delivery service fee to no more than 15% of the purchase price of each online order for delivery and no more than 5% in fees other than a delivery or transaction fee for use of the service, per order, with narrow exceptions.
  • Restroom access ( 2298-2021-A): food service establishments must allow food delivery workers to access restroom facilities when they are on premises to pick up the establishment’s products for consumer delivery.
  • Providing insulated food delivery bags ( 2288-2021-A): food delivery workers who have completed at least six deliveries for a delivery or courier service must be provided an insulated food delivery bag by that service.

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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