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For several months, employees who were exposed to or in “close contact” with a COVID-19 case were required to quarantine/isolate from the workplace for 14 days. As the vaccine’s availability increases and more workers become fully vaccinated, guidance relating to these quarantine/isolation protocols will loosen.
The U.S. Department of Labor has delayed for at least 60 days implementation of changes to the tip credit rules that would have taken effect on March 1. This delay cites the January 20, 2021, memorandum “Regulatory Freeze Pending Review,” which directed the heads of Executive Departments and Agencies to consider delaying the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect.
COVID-19 Enhanced Enforcement & Employer Reporting Requirements
February 26, 2021
Category: Legal Updates
On September 17, 2020, Governor Newsom approved Assembly Bill 685, which imposes enhanced notice and recordkeeping obligations on employers and expands Cal/OSHA’s enforcement powers. These provisions are set to expire January 1, 2023.
Reporting Pay Data to the California Department of Fair Employment and Housing
February 18, 2021
Category: Legal Updates
On September 30, 2020, California enacted SB 973, which requires large private employers to report specific pay data to the Department of Fair Employment and Housing (“DFEH”) by March 31, 2021, and annually thereafter. SB 973 is designed to identify hidden yet persistent racial and gender pay gaps that can result from unconscious biases or historical inequities. The rule allows for effective enforcement of equal pay or anti-discrimination laws. As of February 16, 2021, employers can now submit their 2020 pay data at the Pay Reporting Portal.
Should Employers Incentivize Employees to Get the COVID-19 Vaccine?
February 17, 2021 • Shirley A. Gauvin
Category: Legal Updates
As the coronavirus vaccine becomes more widely available over the next few months, many employers grapple with the question of whether to mandate the vaccine. Following EEOC guidelines, some employers plan to require it as a condition to returning to the workplace (i.e., nursing homes). In contrast, others prefer to “encourage” vaccinations, leaving the ultimate decision to employees. In an effort to minimize health risks and provide peace of mind to employees returning to the workplace, some employers are asking whether they can offer incentives to encourage employees who get the vaccine.
As part of his State of the State address on January 11, 2021, Governor Cuomo announced changes in the calculation of unemployment benefits for part-time workers in New York.
New Tipping Regulations Will Take Effect March 1, 2021
January 20, 2021 • Anne-Marie Mizel
Category: Legal Updates
The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers.
California Supreme Court Holds Dynamex ABC Test Applies Retroactively
January 15, 2021
Category: Publications
On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time they made worker classification decisions. The Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. delivered a long-awaited opinion finding that the “ABC test” for independent contractor classification, adopted in its 2018 Dynamex decision, applies retroactively to all pending cases that arose before April 30, 2018. This new ruling will weigh heavily in currently pending misclassification lawsuits where the employer applied pre-Dynamex classification standards.
L.A. County Orders 10-Day Mandatory Quarantine for Certain Travelers
December 31, 2020
Category: Legal Updates
After much confusion sparked by a press release from the Los Angeles County Department of Public Health earlier this week, LACDPH just issued its second Revised Temporary Targeted Safer at Home Health Officer Order in less than 24 hours.
Mandatory COVID-19 Vaccinations in the Workplace: Breaking Down the EEOC’s Guidance to Employers
December 28, 2020 • Jordan A. Fishman
Category: Legal Updates
On December 16, 2020, the EEOC updated its COVID-19 guidance to include guidelines pertaining to mandatory vaccinations in the workplace. The EEOC stated that the administration of the COVID-19 vaccination is not a “medical examination” under the ADA, and thus private employers may require employees to be vaccinated as a condition to continued employment, or, at the very least, as a condition to returning to the workplace.