Employers should continue to track and keep records of the percentage of time tipped wage earners spend performing non-tip eligible tasks, as the U.S. Department of Labor (DOL) has pressed pause on several provisions of the Trump Administration’s 2020 Final Rule addressing Tip Regulations under the Fair Labor Standards Act (FLSA). Among the provisions paused is one that effectively eliminated … Continue Reading
Category Archives: Employment Counseling & Workplace Claims Prevention
Subscribe to Employment Counseling & Workplace Claims Prevention RSS FeedWeed and the Workplace: Recent Developments in New York, Virginia, and Colorado
Employers take note: recently New York became the 15th state to legalize recreational marijuana use through Senate Bill 854A, and Virginia is not far behind. These and other developments related to marijuana continue to impact the workplace.… Continue Reading
Mandatory Versus Voluntary Vaccinations: An Employer Guide
With COVID-19 vaccines now available to every adult in the United States, employers are starting to see a light at the end of the tunnel after a year of uncertainty. But for employers whose workforces spent a year away from the office, a safe return to normalcy presents new legal, practical, and ethical questions.… Continue Reading
Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps
Despite this week’s well-publicized hiccups with concerns having been raised about the safety of certain COVID-19 vaccines, our country’s march toward widespread community vaccination continues. American employers are eying society’s increasing vaccination rates with interest and optimism, as a critical component of their safe and secure workplace strategies and physical return-to-work operational plans.
Certain large employers are going so far … Continue Reading
Growing State and Local Equal Pay Protections
Pay equity will be a focus of the Biden Administration, as was made clear in the White House Proclamation on Equal Pay Day last week. But states are not waiting on the federal government to act; several are moving forward with pay transparency and equity laws. California is the first state to enact its own pay data reporting law, with … Continue Reading
Facing Exposure: Dealing with Mask Refusers in the Workplace
As various states (Texas, Mississippi, Montana, Iowa, and many more) have done away with mask mandates and as vaccinations become more widely disseminated amongst the general population, many individuals may be emboldened to throw their face coverings in the trash and never look back. However, employers may be hesitant to lift mask requirements and other COVID-19 protocol in their workplaces … Continue Reading
Paid Leave and Payroll Tax Credits Under the American Rescue Plan
Employers wading through the $1.9 trillion American Rescue Plan Act may be wondering how it impacts paid leave and payroll tax credits made available under the Families First Coronavirus Response Act (FFCRA), enacted back in March 2020. Here’s the scoop:… Continue Reading
Be Prepared For Increase In COVID-19 Inspections Under OSHA’s New National Emphasis Program
On March 12, 2021, the Occupational Safety and Health Administration (OSHA) announced a new National Emphasis Program (NEP) designed to significantly reduce worker exposure to COVID-19 by targeting industries and worksites where employees may have a high frequency of close-contact exposures. The new NEP on COVID-19 has two main components:… Continue Reading
Do the Business Liability Shield Laws Give Employers Immunity From COVID-19 Lawsuits
Not really. Like the COVID-19 vaccines, these “business liability shields” may provide a layer of protection for some employers, but they in no way guarantee immunity from lawsuits. Since early last year, business leaders expressed concerns about continuing with operations amidst the COVID-19 pandemic—mainly because they feared exposing their businesses to lawsuits arising from the transmission of the virus. Indeed, … Continue Reading
What Employers Should Do Based on the Revisions to the EEOC’s Compliance Manual Section on Religious Discrimination
Employers have new obligations and employees have new rights under the EEOC’s newly finalized revisions to the agency’s Compliance Manual Section on Religious Discrimination. The Compliance Manual does not have the force of law, but sets forth how the EEOC analyzes claims under the law, and provides useful guidance to employers. Although a large portion of the Religious Discrimination Section … Continue Reading
COVID Infections May Be Down But COVID Lawsuits Are Up: What Employers Should Consider
It comes as no surprise that employee claims against employers are on the rise. In the early months of the COVID-19 pandemic, there was a drastic decline in newly filed employment-related lawsuits. The decline was likely the result of shelter-in-place orders and other restrictions on working in the workplace. However, the months of November 2020 and December 2020 saw a … Continue Reading
New Guidance from DOL Regarding the Suspension of Certain Employee Benefit Plan Deadlines Due to COVID-19
Last minute guidance affects employers sponsoring group health plans, and answers a much-discussed question as we approach the one-year anniversary of past COVID guidance. Today the Department of Labor issued long-awaited guidance concerning whether certain employee benefit plan deadlines will continue to be suspended or whether the clock begins ticking again as of March 1, 2021. As we explain, the … Continue Reading
Employees Starting to Receive the COVID-19 Vaccine – Now What?
Despite some employees receiving the COVID-19 vaccine, employers should still require workers to wear face coverings and remain physically distant to help prevent the spread of the virus, according to updated guidance by the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control and Prevention (CDC).
According to Bloomberg’s COVID-19 Vaccine Tracker, as of February 14, … Continue Reading
Non-Union Employers Beware: The NLRB Pendulum is Pushed Pro-Union
Employers that want to maintain non-union status must be aware of the significant and rapid shift of the NLRB toward pro-union positions. Everyone expected the NLRB pendulum to swing pro-union, but few observers expected the pendulum to be immediately and forcibly pushed as it has been. First was the prompt and unprecedented ousting of the General Counsel and Deputy General … Continue Reading
Biden Administration Heralds New Protections for LGBTQ Employees
While President Biden’s initial flurry of executive orders largely sought to address the pandemic and undo the regulatory legacy of his predecessor, one order places LGBTQ protection at the heart of the new Administration’s agenda. That order, “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,” states the new Administration’s general policy: “Every person … Continue Reading
Biden Quickly Shifts Immigration Policies – What Employers Need to Know
With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that could have sweeping effects on the sponsorship of various foreign national workers. In addition, several immigration rules promulgated in the final weeks … Continue Reading
Labor Department Issues New Rule for Independent Contractor Status
With no clear guidance and different factors being given different weight by different courts, employers have struggled for years with whether workers can be properly classified as independent contractors, rather than employees, under the federal Fair Labor Standards Act. Now, the Department of Labor has issued a new rule making clear what factors should be applied and how they should … Continue Reading
Preparing for 2021: What New York Employers Can Expect in the New Year
2021 is here, and with the new year comes changes for New York employers seeking to ensure full compliance with newly effective laws, or changes to the law, throughout the State. Employers are well-advised to review the changes for the new year, summarized below.… Continue Reading
Five New States Approve Marijuana Use, Leaving Employers Dazed and Confused
Voters around the country recently approved a number of ballot initiatives legalizing the use of marijuana for recreational and/or medical purposes, further complicating the patchwork of existing marijuana laws found throughout the country. The confusion is compounded by the fact that marijuana remains classified as a Schedule I drug under the federal Controlled Substances Act, thereby making it illegal (at … Continue Reading
What California Employers Need to Know About The Emergency Cal/OSHA COVID-19 Regulations
Nearly all California employers must take steps now to comply with the requirements imposed by the new slate of emergency regulations intended to minimize the spread of COVID-19 in California workplaces. These regulations, adopted by CAL/OSHA on November 30, 2020 are immediately effective. Here is what employers need to know now to protect their businesses and their employees.… Continue Reading
Just in Time for the Holidays, the EEOC Proposes Guidance on Religious Bias
It seems that the Equal Employment Opportunity Commission (EEOC) is getting into the holiday spirit and addressing religious bias for the first time in twelve years. Last week, the EEOC proposed updated religious discrimination guidance for public comment. This guidance (clocking in at well over 100 pages) is in line with the agency’s goal to revamp its stance on religious … Continue Reading
California Voters OK Independent Contractor Status for App Service Drivers
On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber, Doordash, and Postmates. Proposition 22 essentially creates a new category of workers by allowing transportation technology companies to continue to treat drivers on their platforms … Continue Reading
New Obligations for Colorado Employers
Two new statutes affecting all employers operating in Colorado, the Equal Pay for Equal Work Act (EPEWA) and paid sick leave through Colorado’s Healthy Families and Workplaces Act, will add to the compliance burden of all employers operating in Colorado effective January 1, 2021.
The impact of each new law on employers is discussed below.… Continue Reading
Back to Pro-Labor: What Employers Can Expect From a Biden Presidency: Part II, Labor Relations Edition
While the final results are not yet certified, it appears that we have a new president. Employers across the country, both union and non-union, are wondering what they can expect from a Joe Biden presidency when it comes to organized labor. The Biden campaign was not shy about its strong support for labor unions, and many of Biden’s campaign promises … Continue Reading
