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On March 11, 2021, the House of Representatives passed H.R. 842. The Protecting the Right to Organize Act (“PRO Act”) would amend aspects of the National Labor Relations Act (“NLRA”) by expanding protections of employees’ rights to collectively bargain in the workplace and penalizing companies that violate those rights.
California’s Statewide Right to Recall Ordinance
April 21, 2021 • Diana Lerma
Category: Legal Updates
On April 16, 2021, Governor Newsom signed a statewide right to recall ordinance (SB 93) into law. SB 93 is effective immediately. SB 93 codifies Labor Code section 2810.8 and requires hotels with more than 50 guestrooms to recall laid-off employees based on hire-date seniority.
Illinois Amends Human Rights Act, Business Corporation Act, and Equal Pay Act
April 15, 2021
Category: Legal Updates
On March 23, 2021, Governor J.B. Pritzker signed SB 1480 into law, amending three state statutes. First, the Illinois Human Rights Act is amended to impose employer obligations when making employment decisions based on criminal convictions. Second, the Illinois Business Corporation Act is amended to require EEO-1 reporting to the state. Third, the Illinois Equal Pay Act is amended to require employers to obtain an “Equal Pay Registration Certificate” by March 24, 2024.
Employers Should Begin Planning for COBRA Subsidy
April 8, 2021 • Shirley A. Gauvin
Category: Legal Updates
The American Rescue Plan Act (“ARPA”), signed into law on March 11, 2021, obligates employers to pay COBRA insurance premiums for individuals who suffer job loss. Under the plan, employers receive the subsidy, which they pass along to COBRA enrolled former employees, through a payroll tax credit on quarterly Medicare taxes. The subsidy period is April 1 to September 30, 2021, and both fully insured and self-insured group plans are eligible for the credit.
California Extends & Expands COVID-19 Supplement Paid Sick Leave Mandate
March 26, 2021
Category: Legal Updates
On March 19, 2021, Governor Gavin Newsom signed into law SB 95, providing supplemental paid sick leave for COVID-related leaves and absences. The supplemental paid sick leave requirements apply in addition to previous paid time off requirements, such as statutory paid sick leave or vacation time provided by the employer. Although the statute requirements do not begin until March 29, 2021, the requirements will apply retroactively to January 1, 2021, and are effective through September 30, 2021. Employers should move quickly to examine and revise their policies, practices, and payroll records for compliance.
Paid Leave Required for COVID-19 Vaccinations in New York State
March 19, 2021 • Jordan A. Fishman
Category: Legal Updates
On March 12, 2021, Governor Cuomo signed legislation granting both public and private employees time off to receive the COVID-19 vaccination. Under this new law, employees are entitled to receive paid, job-protected leave “for a sufficient period of time, not to exceed four hours per vaccine injection” (i.e., 8 hours of total leave if receiving two shots) to receive a COVID-19 vaccination.
Stokes Wagner Quarterly Legal Update, March 2021
March 17, 2021 • Anne-Marie Mizel, Christina Tantoy, Diana Lerma, Jordan A. Fishman
Category: Newsletters
We are proud to announce the release of our latest Quarterly Newsletter, which may be found here.
This quarterly covers topics including:
- Anticipated changes in labor law under the Biden Administration,
- The latest Assembly and Senate Bills for California,
- Minimum Wage updates, and
- Classification of independent contractors.
Our newsletter summarizes key developments in the employment law arena on a quarterly basis, with a focus on how these developments may impact the hospitality industry and your operations. As you may have noticed, the legal landscape changes on a far more frequent basis than four times a year. So, when a particularly significant development occurs, we immediately publish a “Legal Alert” and make it available to each of our clients and subscribers. If you would like to stay abreast of legal developments in real-time, and receive our legal updates in a more timely fashion, we invite you to follow us on Instagram @stokeswagner.
THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.
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.