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Alerts for September | |
New Jersey Adjusts Scheduled Minimum Wage Rate Increase(posted: Wednesday, September 28th, 2022) Adjustments To Scheduled Increases Are Possible During Times Of High Inflation On Sept. 20, 2022, the New Jersey Department of Labor and Workforce Development (LWD) announced the state’s minimum wage rate will increase to $14.13 per hour on Jan. 1, |
Alaska Updates State Minimum Wage Exemptions(posted: Tuesday, September 27th, 2022) The Amendments Become Effective Dec. 12 On Sept. 14, 2022, Alaska adopted amendments to the state’s minimum wage law exemptions. These amendments remove the exemption for workers with disabilities and add an exemption for certain summer camp employees. The amendments |
New York Publishes 2023 Paid Family Leave Rates(posted: Wednesday, September 21st, 2022) NewYork state has published paid family leave updates for 2023 on its websitefor the program. The employee contribution rate will decrease, while the maximum weekly benefit will increase as aresult of an increase in the state average weekly wage. |
Arizona Announces $13.85 Minimum Wage Rate for 2023(posted: Wednesday, September 21st, 2022) The New Rate Becomes Effective Jan. 1, 2023 Arizona has announced the state’s minimum wage rate will increase from $12.80 to $13.85 on Jan. 1, 2023. Arizona’s minimum wage rate is adjusted annually to reflect changes in the cost of |
Nov. 30 Is First Deadline for Oregon Equivalent PFML Plans(posted: Tuesday, September 20th, 2022) New PFML regulations passed Aug. 22, 2022, by the Oregon Employment Department include rules for employers using equivalentplans in place of the state program. |
California Bill Extends Paid Employee Leave for COVID-19(posted: Friday, September 16th, 2022) The California legislature has passed an extension ofsupplemental paid sick leave for employees for COVID-19-related reasons. Thebill also creates a grant program to compensate small employers and nonprofitsfor leave costs. Gov. Gavin Newsom is expected to sign the bill. |
Colorado Issues Regulations for Paid Family and Medical Leave(posted: Thursday, September 15th, 2022) Aspart of ongoing rule-making for the state’s new paid family and medical leaveinsurance program (FAMLI), the Colorado FAMLI Division recently adoptedregulations for the program’s benefits and employer participation. |
DHS Codifies DACA Policy With Final Rule(posted: Wednesday, September 14th, 2022) DACA Does Not Grant Lawful Status But Allows Employment Authorization On Aug. 30, 2022, the U.S. Department of Homeland Security (DHS) published a final rule to preserve the Deferred Action for Childhood Arrivals (DACA) policy. Specifically, the final rule defers |
NLRB Proposes Return to the BFI Joint Employer Standard(posted: Wednesday, September 14th, 2022) The Proposed Standard Would Accept Evidence of Direct or Indirect Control On Sept. 7, 2022, the National Labor Relations Board (NLRB) proposed to review and replace the current joint employment standard. Comments regarding the proposal must be submitted to the |
Connecticut Issues Regulations for Amended State FMLA(posted: Monday, September 12th, 2022) The Connecticut Department of Labor has amended theregulations for the Connecticut Family and Medical Leave Act inaccordance with changes to the statute that took effect earlier this year. |
SAR Deadline is Sept. 30 for Calendar Year Plans(posted: Thursday, September 8th, 2022) Employers required to provide plan participants with a Summary Annual Report (SAR) must do so by Sept. 30, 2022, if they sponsor calendar year plans. |
Minnesota Minimum Wage Rate Will Increase to $10.59 in 2023(posted: Thursday, September 1st, 2022) New Rates Become Effective Jan. 1, 2023 On Aug. 23, 2022, Minnesota’s Department of Labor and Industry announced the minimum wage rate in the state will increase for 2023. Starting on Jan. 1, 2023, large employers in Minnesota will need |
California Announces $15.50 Minimum Wage Rate for 2023(posted: Thursday, September 1st, 2022) The New Rate Was Increased to Reflect the Cost of Inflation The California Department of Industrial Relations has announced that the state hourly minimum wage will increase to $15.50 an hour on Jan. 1, 2023. The new rate will apply |
New Threshold for Required Employer CalSavers Participation(posted: Thursday, September 1st, 2022) California employers are required to participate in California’s state-sponsored retirement program–referred to as CalSavers—if they do not sponsor a retirement plan and have a certain number of employees. Previously, the employee threshold for mandatory participation was five. |
Alerts for August | |
New SECURE Act Guidance Extends Plan Amendment Deadlines(posted: Thursday, August 11th, 2022) IRS Notice 2022-33, issued on Aug. 3, 2022, extends plan amendment deadlines for key provisions of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act). |
DOL Releases New Model Employer CHIP Notice(posted: Monday, August 8th, 2022) The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of July 31, 2021. |
Michigan Repeals COVID-19 Employment Rights Act(posted: Thursday, August 4th, 2022) Michigan has amended its COVID-19 Employment Rights Act tolimit the act’s coverage to claims or causes of action that occurred beforeJuly 2, 2022. The amendments also provide an expiration date for the law. |
District of Columbia Passes Paid Family and Medical Leave Changes(posted: Wednesday, August 3rd, 2022) Washington, D.C., has made permanent the expansion ofemployee leave under the Universal Paid Leave Act (UPLA) announced in March,and eliminated the one-week waiting period for benefits. |
Michigan Paid Sick Leave Ruling Stayed Until February 2023(posted: Tuesday, August 2nd, 2022) A Michigan court has stayed its ruling that amendments to the state’s paid sick leave law violate the state constitution, and that the original law as adopted by the legislature must take effect. The stay will last until February 19, 2023. |
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Alerts for July | |
Michigan Court Accelerates Minimum Wage Rate Increase(posted: Thursday, July 28th, 2022) Michigan’s Minimum Wage Rate Could Increase To $12 Per Hour As Early As Aug. 9, 2022, Unless A Higher Court Overrules This Order On July 19, 2022, the Michigan Court of Claims ruled in Mothering Justice v. Nessel that the |
California Small Businesses May Apply for Paid Family Leave Grants(posted: Thursday, July 28th, 2022) The California Employment Training Panel and the California Labor and Workforce Development Agency have established a grant program for small businesses in California to offset the costs of paid family leave. |
Colorado Adopts Final Wage Payment Notice Requirement(posted: Wednesday, July 27th, 2022) Employers Must Provide Notice Of Final Wage Payment Deductions Within 10 Days On June 3, 2022, Colorado adopted Senate Bill (SB) 161. Among other things, SB 161 requires employers to provide notice of wage deductions within 10 days of termination. |
Judge Reinstates Original Michigan Paid Sick Leave Act(posted: Wednesday, July 27th, 2022) A Michigan court has ruled that amendments restrictingemployee leave rights in the state’s paid sick leave law violate the stateconstitution. A stay of the order has been requested pending appeal. |
7th Circuit Rules Interference Violates FMLA Even Without Denial of Leave(posted: Friday, July 22nd, 2022) The7th Circuit Court of Appeals has ruled in Ziccarelli v. Dart that an employercan violate the federal Family and Medical Leave Act by discouraging anemployee from exercising FMLA rights without denying an FMLA leave request. |
New Jersey Extends Hours of Work for Some Minors(posted: Wednesday, July 20th, 2022) Employees Ages 16 17 May Work Up To 50 Hours Per Week Or 10 Hours Per Day Between Their Last Day Of School And Labor Day On July 5, 2022, New Jersey adopted Assembly Bill (AB) 4222. AB 4222 extends |
Hawaii’s Minimum Wage Rate Will Increase to $12 on Oct. 1, 2022(posted: Monday, July 18th, 2022) The State's Minimum Wage Will Raise to $18 Per Hour By Jan. 1, 2028 On June 23, 2022, Hawaii adopted House Bill (HB) 2510. Among other things, HB 2510 raises the state’s minimum wage to $18 per hour by Jan. |
Rhode Island Repeals Subminimum Wages for Employees With Disabilities(posted: Monday, July 18th, 2022) The New Rule Became Effective June 15 On June 15, 2022, Rhode Island adopted House Bill (HB) 7511 and HB 2242. This legislation effectively repeals the state provision that allowed employers to pay subminimum wages to employees with disabilities. |
U.S. Supreme Court Confirms USERRA Rights(posted: Thursday, July 14th, 2022) TheU.S. Supreme Court has held that states can be sued as employers by privateindividuals under the Uniformed Services Employment and Reemployment Rights Actof 1994 (USERRA). The Court issued the ruling in Torres v. Texas Department ofPublic Safety on June 29, 2022. |
DHS Ends Temporary COVID-19 Policy for Form I-9 Expired Documents(posted: Tuesday, July 12th, 2022) Employers Must Update I 9 Forms By July 31 On May 1, 2022, the U.S. Department of Homeland Security (DHS) ended the COVID 19 Temporary Policy for List B Identity Documents. As a result, employers are no longer allowed to accept |
New York COVID-19 Vaccination Leave Law Extended Through 2023(posted: Monday, July 11th, 2022) New York state has extended its law requiring paid COVID-19vaccination leave through Dec. 31, 2023. The extension was in the form of anamendment to the original law, which was scheduled to expire Dec. 31, 2022. |
New Hampshire Relaxes Youth Employment Restrictions(posted: Friday, July 8th, 2022) Lower Age Restrictions and Extended Hours of Work Now Apply to Some Youth Workers On June 17, 2022, New Hampshire amended its youth employment laws to lower the age restriction for employees to clean tables at establishments serving alcoholic beverages. |
San Francisco Enacts Paid Public Health Emergency Leave(posted: Friday, July 8th, 2022) San Francisco has passed a ballot measure requiring paid employee leave during public health emergencies. The ordinance becomes operative Oct. 1, 2022. |
HHS Issues New HIPAA Privacy Guidance for Reproductive Health Care(posted: Thursday, July 7th, 2022) New Guidance Addresses Privacy Rules for Health Care Providers In the wake of the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services (HHS) issued new guidance regarding HIPAA’s privacy protections |
Alerts for June | |
New Mexico Issues Regulations for Paid Sick Leave(posted: Thursday, June 30th, 2022) The New Mexico Department of Workforce Solutions haspublished regulations implementing the Healthy Workplaces Act, which goes intoeffect July 1. The regulations take effect on the same date. |
Philadelphia Passes Commuter Transit Benefit Requirement(posted: Wednesday, June 29th, 2022) Philadelphia has passed an ordinance requiring covered employers to provide covered employees a mass transit and bicycle commuter benefit program, effective Dec. 31, 2022. |
Reminder: Form 5500 Is Due by Aug. 1, 2022 for Calendar Year Plans(posted: Tuesday, June 28th, 2022) Employers with employee benefit plans that operate on a calendar year basis must file their annual reports (Forms 5500) for 2021 with the Department of Labor (DOL) by Aug. 1, 2022. |
Key Judicial Decisions Affect California Wage Payment Claims(posted: Thursday, June 23rd, 2022) The WinCo And Viking Decisions Set Limits On Wage Payment Claims In California Two federal courts—the U.S. Supreme Court and the 9th Circuit Court of Appeals—recently ruled on cases involving wage claims by employees. These decisions set |
Colorado Expands Safety and Health Whistleblower Protections(posted: Thursday, June 23rd, 2022) Employer Retaliation Is Now Prohibited Regardless Of Whether There Is A Public Health Emergency On May 31, 2022, Colorado adopted Senate Bill (SB) 22 97 to expand whistleblower protections for workers. Before this law was adopted, state |
Illinois Expands Employee Bereavement Leave Requirement(posted: Wednesday, June 15th, 2022) Illinois has amended the state’s Child Bereavement Act and renamed itthe Family Bereavement Leave Act. The amendments provide additional reasons forbereavement leave, including for the deaths of employees’ family members andfor reasons relating to failed pregnancies, fertility treatments and adoptions. |
IRS Raises Standard Mileage Rates for Second Half of 2022(posted: Thursday, June 9th, 2022) For the first time since 2011, the IRS has made a mid-year adjustment to the optional mileage rate used to calculate the deductible costs of operating an automobile for business and certain other purposes. The agency said the change is in recognition of recent gasoline price increases. |
Connecticut Adopts Data Privacy and Online Monitoring Act(posted: Thursday, June 9th, 2022) The Act Regulates Data Collection, Storage And Usage Of Personal Information And Creates New Consumer Privacy Rights On May 10, 2022, Connecticut adopted the Data Privacy and Online Monitoring Act (the Act) to regulate the collection, storage and usage of |
Maryland Extends Data Breach Notification Requirements to Genetic Information(posted: Thursday, June 9th, 2022) Employers That Own Or License Personal Information Of A Maryland Resident Must Implement Reasonable Security Procedures And Practices On May 29, 2022, Maryland amended its Personal Information Protection Act (PIPA) to include genetic information in the definition of personal information. |
Connecticut Issues Model Notice for Employee Leave(posted: Wednesday, June 8th, 2022) The Connecticut Department of Labor has published a model notice ofemployee rights under the Connecticut Family and Medical Leave Act (CT FMLA)and the Connecticut Paid Leave Act (CT PLA). Employers may use the model noticeto satisfy the notice requirement taking effect on July 1, 2022. |
Illinois Amends Meal Period Requirements(posted: Wednesday, June 1st, 2022) The Bill Also Creates New Employer Notification Requirements On May 13, 2022, Illinois adopted Senate Bill (SB) 3146 to amend meal break provisions of and create notification requirements under the Illinois One Day Rest In Seven Act (ODRISA). The amendments |
California Supreme Court Rules Employers Must Properly Pay Meal and Rest Period Premiums(posted: Wednesday, June 1st, 2022) Employers Need To Accurately Identify And Account For Missed Meal And Rest Periods On May 23, 2022, in Naranjo v. Spectrum Security Services Inc. (Naranjo), the California Supreme Court unanimously held that meal and rest period premium pay is subject to the |
South Carolina Eliminates Subminimum Wages for Employees With Disabilities(posted: Wednesday, June 1st, 2022) Employers In South Carolina Will No Longer Be Able To Claim This Federal Exemption After Aug. 1, 2024 On May 11, 2022, South Carolina adopted a joint resolution (SJR 533) that will prohibit paying employees with disabilities wages below the |
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Alerts for May | |
Oregon Sets PFML Contribution Rate for 2023(posted: Tuesday, May 31st, 2022) The Oregon Employment Department has announced that thecontribution rate for the state’s paid family and medical leave program will be1% when contributions begin Jan. 1, 2023. |
DOL Issues Guidance on FMLA and Mental Health Conditions(posted: Thursday, May 26th, 2022) The Wage and Hour Division of the U.S. Department of Labor (DOL) has released new resources on workers’ rights to leave for mental health conditions under the federal Family and Medical Leave Act (FMLA). In a press release, the DOL said it published the new guidance in recognition of Mental Health Awareness Month. |
California Considers Higher Wage Rates and Inflation Relief Package(posted: Tuesday, May 24th, 2022) Additional Minimum Wage Increases And Relief Package Are Being Considered to Combat Inflation Struggles California’s minimum wage rate is set to increase to $15 per hour for all workers on Jan. 1, 2023. However, the state is considering additional minimum |
Pennsylvania Amends Wage Regulations for Tipped Employees(posted: Tuesday, May 24th, 2022) Starting Aug. 5, Tipped Employees Must Earn At Least $135 Per Month On May 7, 2022, Pennsylvania amended its minimum wage regulations to update the tipped employee exemption and employer requirements for tip pooling. An additional amendment to the state’s |
Employee Leave Donated for Ukraine War Relief Won’t Be Taxed(posted: Friday, May 20th, 2022) Employee leave donated through employer-based programs toaid victims of the Russian invasion of Ukraine will not be taxed as income ofthe donor employees, according to recent guidance from the IRS. |
Utah Limits Liability for Hiring Employees With Criminal Records(posted: Wednesday, May 18th, 2022) Utah has enacted a law placing limits on employers’liability for hiring employees with criminal backgrounds for certain jobs. Thelaw became effective May 4, 2022; it expires July 1, 2025. |
Oklahoma Enacts Employee Payroll Deposit and Card Laws(posted: Tuesday, May 17th, 2022) Employers May Choose to Pay Employee Wages Through Deposit or Payroll Card (in Some Cases) at Their Discretion On May 5, 2022, Oklahoma adopted senate bill (SB) 1345 to allow employers the option of paying employee wages through payroll cards. |
Delaware Passes Paid Family and Medical Leave Law(posted: Monday, May 16th, 2022) Delaware has enacted the HealthyDelaware Families Act, requiring job-protected paid family and medicalleave for Delaware employees. The leave is funded by employer and employeecontributions that begin Jan. 1, 2025. Benefits become available Jan. 1, 2026. |
Virginia Aligns Overtime Pay Laws with FLSA(posted: Monday, May 2nd, 2022) Beginning July 1, Virginia Employers Will Need To Follow FLSA Overtime Pay Requirements And Exemptions On April 11, 2022, Virginia amended its overtime wage laws to follow federal overtime pay provisions set by the federal Fair Labor Standards Act (FLSA). |
Tennessee Employers to Provide Veterans Day as Nonpaid Holiday(posted: Monday, May 2nd, 2022) An Exemption Applies for Public Health, Safety or Significant Disruptions On April 20, 2022, Tennessee adopted a new law that requires employers to allow employees who are veterans to have the entirety of Veteran’s Day as a non paid holiday |
Alerts for April | |
IRS Releases 2023 Health Savings Account (HSA) Limits(posted: Friday, April 29th, 2022) Inflation Adjusted Contribution Limits and HDHP Amounts to Increase The IRS has announced the 2023 inflation adjusted amounts for health savings accounts (HSAs) as determined under the Internal Revenue Code. Annual Contribution LimitsFor calendar year 2023, the annual |
Alabama to Require Family Leave for Adoptive Parents(posted: Thursday, April 28th, 2022) Alabama has passed the Adoption Promotion Act, requiring employers that providepaid leave for biological parents to offer paid leave to adoptive parents aswell. |
Nebraska Simplifies Youth Employment Certificate Process(posted: Thursday, April 28th, 2022) School Principals To Authorize Youth Employment Certificates On April 20, 2022, Nebraska amended its child labor laws to streamline the process for approving youth employment certificates. The amended provisions become effective on July 19, 2022. Youth Employment Certificates |
Tennessee Amends Work Authorization Verification Requirements(posted: Thursday, April 28th, 2022) Employers With 35 Or More Employees Will Need To Use E Verify On April 19, 2022, Tennessee adopted House Bill (HB) 1853 and amended some of the state’s requirements for employer use of E Verify (the federal government’s |
Tennessee Repeals Subminimum Wage for Employees With Disabilities(posted: Wednesday, April 27th, 2022) Tennessee Employers Should Adjust Their Payroll Processes To Ensure Compliance By July 1 On April 20, 2022, Tennessee repealed the state’s minimum wage exemption for employees with disabilities. As a result, employees with disabilities in Tennessee must receive wages at |
Maine Extends Scope of Its Whistleblowers’ Protection Act(posted: Thursday, April 21st, 2022) Collective Bargaining Agreements May No Longer Shield Employers From Whistleblower Discrimination Claims On April 12, 2022, Maine adopted LD 1889, a bill that extends the scope of the state’s Whistleblowers' Protection Act (the Act) to include employees who work |
Massachusetts Orders Treble Damages for Late Wage Payment(posted: Thursday, April 21st, 2022) The Court's Decision Holds Employers Strictly Liable for Late Payments On April 4, 2022, the Massachusetts Supreme Judicial Court (the court) found in Reuter vs. City of Methuen that the Massachusetts Wage Act (MWA) requires employers to promptly pay employee |
OSHA’s Proposal to Reconsider and Revoke Arizona’s State Plan(posted: Thursday, April 21st, 2022) OSHA Believes Arizona Is Unable or Unwilling to Maintain Program As Required On April 20, 2022, OSHA announced its proposal to reconsider and revoke the final approval of Arizona’s State Plan. This comes in response to the decade long pattern |
Maine Amends Laws to Include Vacation Pay in Final Wages(posted: Wednesday, April 20th, 2022) New Requirement Becomes Effective Jan. 1, 2023 On April 5, 2022, Maine amended its wage payment laws to clarify how employers should treat unused vacation time upon separation of employment. These amendments will become effective on Jan. 1, 2023. |
New West Virginia Rule Will Apply to Youth Work Permits(posted: Wednesday, April 20th, 2022) Employers Must Initiate Work Permit Process On March 30, 2022, West Virginia adopted a final rule to make employers responsible for ensuring the completion of work permits for employees who are minors between the ages of 14 and 15. The |
Tennessee Regulates Insurance Requirements for Gig Economy Drivers(posted: Wednesday, April 20th, 2022) Gig Economy Entities Must Provide Notice of Automobile Insurance Coverage On April 8, 2022, Tennessee adopted a law to regulate insurance requirements for gig or shared economy drivers. The new law became effective on the day it was adopted. |
Virginia to Require Employers to Display Seizure First Aid Poster(posted: Wednesday, April 20th, 2022) Employers Will Need To Display the New Poster By July 1 On April 7, 2022, Virginia approved a measure that will require employers with 25 or more employees to display a new required seizure first aid poster in the workplace. |
Ohio Amends Overtime Pay Requirements(posted: Friday, April 15th, 2022) The Amendment Incorporates Sections Two And Four Of The Federal Portal To Portal Act Into State Law On March 30, 2022, Ohio amended its overtime pay laws by officially incorporating provisions of the federal Portal to Portal Act into state |
Kentucky Adopts Law to Regulate PEO Operations Within the State(posted: Thursday, April 14th, 2022) Affected PEOs That Operate In Kentucky Will Need To Register Within 180 Days On March 29, 2022, Kentucky adopted House Bill (HB) 506 to regulate how professional employer organizations (PEOs) operate in the state. HB 506 sets requirements |
Utah Enacts Consumer Privacy Act(posted: Thursday, April 14th, 2022) The UCPA Creates Consumer Rights Regarding The Collection, Use And Sale Of Certain Personal Data On March 24, 2022, Utah adopted the Utah Consumer Privacy Act (UCPA). The UCPA becomes effective on Dec. 31, 2023. Compliance with the UCPA will |
Utah Amends Driver Wireless Communication Device Laws(posted: Wednesday, April 13th, 2022) New Prohibitions Include Taking or Viewing Photographs While Operating a Vehicle in Motion On March 24, 2022, Utah amended provisions of its laws that regulate the use of wireless communication devices while driving. The amendments prohibit using a wireless device |
Washington State Passes Amendments to PFML(posted: Wednesday, April 13th, 2022) Washington has amended the state’s paid family and medicalleave (PFML) law. Key changes for employers take effect June 9, 2022. |
Utah Relaxes Employment Verification Requirements for Smaller Employers(posted: Tuesday, April 12th, 2022) Employers With Fewer Than 150 Employees Will No Longer Need to Use an Employee Status Verification System On March 24, 2022, Utah amended its employment authorization verification rules to relax requirements for employers with 149 or fewer employees. Beginning May |
Maryland Passes Paid Family and Medical Leave Law(posted: Tuesday, April 12th, 2022) On April 9, 2022, the Maryland General Assembly enacted apaid family and medical leave insurance program, overriding GovernorLarry Hogan’s veto of the measure. The program will cover all employers, andworkers who have worked at least 680 hoursduring the previous year will beeligible for PFML. Employer and employee payroll contributions will beginOct.1, 2023, while leave benefits become available in 2025. Employers with fewerthan 15 employees are not required to contribute to the program. |
Oregon Sick Leave Allowed for Evacuations, Heat and Air Quality(posted: Monday, April 11th, 2022) The Oregon Bureau of Labor and Industries has issued a final ruleexpanding the permissible uses of employee sick time under state law to includeleave for evacuation orders and dangerous air quality and heat. |
West Virginia Amends Payroll Card Requirements(posted: Thursday, April 7th, 2022) Employers Will No Longer Need Written Agreements for Direct Deposit or Payroll Cards On March 23, 2022, West Virginia amended its wage payment laws and changed several provisions regarding payroll cards. The amendments become effective June 9, 2022. |
House Passes SECURE 2.0 Bill(posted: Thursday, April 7th, 2022) On March 29, 2022, the U.S. House of Representatives passed the Securing a Strong Retirement Act of 2022 with a bipartisan vote of 414-5. |
Washington State to Require Paid Sick Leave for Ride-share Drivers(posted: Wednesday, April 6th, 2022) A new Washington state lawconcerning ride-share companies includes a requirement that the companiesprovide paid sick leave beginning Jan. 1, 2023. |
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Alerts for March | |
HHS Updates Civil Penalties for Certain Group Health Plan Violations(posted: Monday, March 28th, 2022) Effective March 17, 2022, the U.S. Department of Health and Human Services (HHS) has increased the following key penalties affecting group health plans: |
Virginia Repeals State COVID-19 Standard(posted: Thursday, March 24th, 2022) The State Standard Will Be Replaced With Employer Guidance On March 22, 2022, the Virginia Safety and Health Codes Board (the Board) repealed the state’s permanent COVID 19 standard (the standard). The repeal is effective March 23, 2022. The repeal |
New York HERO Act Ends COVID-19 Designation as an Infectious Disease(posted: Thursday, March 24th, 2022) Employers No Longer Have to Implement Their Safety Plans On March 17, 2022, the New York State Department of Health (DOH) ended the designation of COVID 19 as an airborne infectious disease that presents a serious risk |
OSHA Reopens Rule-making Record for COVID-19 Health Care Rule(posted: Thursday, March 24th, 2022) OSHA Is Inviting New Data and Comments On The COVID 19 Rule For Health Care Employers On March 22, 2022, OSHA partially reopened the rule making record and scheduled an informal public hearing to seek comments on specific topics that |
Washington Strengthens Paycheck Protection Requirements(posted: Tuesday, March 22nd, 2022) Employers Will Need to Reimburse Employees For Fees Caused By Dishonored Checks On March 11, 2022, Washington amended its wage payment laws to require employers to reimburse employee fees when a paycheck is dishonored by nonacceptance or nonpayment. The new |
Philadelphia Passes New COVID-19 Paid Leave Law(posted: Friday, March 18th, 2022) Philadelphia has enacted a new lawthat requires employers to provide paid time off for COVID-19 purposes. Theordinance, which took effect March 9, 2022, applies to employers with at least 25 employees. |
DOL Issues Guidance on Unlawful Retaliation Under FMLA and EO 13706(posted: Wednesday, March 16th, 2022) In a March 10, 2022, FieldAssistance Bulletin on protecting workers from retaliation, the U.S.Department of Labor provides examples of prohibited retaliation under theFamily and Medical Leave Act and Executive Order 13706, “EstablishingPaid Sick Leave for Federal Contractors,” among other federal laws and orders enforcedby the Wage and Hour Division (WHD). |
Oregon Temporarily Excludes Hiring and Retention Bonuses From Pay Equity Requirement(posted: Wednesday, March 16th, 2022) The Exclusion Allows Employers To Hire or Retain Employees Without Violating Pay Equity Law On March 7, 2022, Oregon adopted a temporary amendment that excludes hiring and retention bonuses from the state’s definition of wages for the purpose of complying |
DOL Issues Guidance on 401(k) Plan Investments in “Cryptocurrencies”(posted: Monday, March 14th, 2022) On March 10, 2022, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2022-01 cautioning plan fiduciaries to exercise extreme care before considering adding a cryptocurrency option to a 401(k) plan’s investment menu for plan participants. |
DOL Proposes Updates to Davis-Bacon and Related Acts(posted: Friday, March 11th, 2022) The Proposal Seeks To Modernize Wage Determinations and Regulatory Language On March 11, 2022, the U.S. Department of Labor (DOL) announced a proposed rule to update certain provisions of the Davis Bacon Act and other related laws that regulate wage |
Washington Protects Privacy of Employee Participation in EAPs(posted: Friday, March 11th, 2022) Individually Identifiable Information Gathered During EAP Participation Must Be Kept Confidential On March 4, 2022, the state of Washington adopted senate bill (SB) 5564. SB 5564 seeks to encourage employee participation in employee assistance programs (EAPs) by strengthening privacy and |
District of Columbia to Increase PFML, Decrease Employer Cost(posted: Thursday, March 10th, 2022) Starting July 1, 2022, the District of Columbia willincrease the amounts of leave employees are due under the district’s Universal Paid Leave Act, while decreasing the employer payroll tax that fundsthe leave. |
OSHA Announces Enforcement Effort for High-hazard Health Care Facilities(posted: Tuesday, March 8th, 2022) Enforcement Effort Will Be Ongoing Until June 9, 2022 On March 7, 2022, OSHA announced an enforcement memorandum for a short term increase in highly focused inspections directed at hospitals and skilled nursing care facilities that treat COVID 19 patients. |
District of Columbia Announces Minimum Wage Increase(posted: Tuesday, March 8th, 2022) New Rates Become Effective On July 1, 2022 The District of Columbia announced a $16.10 per hour minimum wage rate for nonexempt employees. The district’s minimum wage rate is adjusted each summer to reflect changes in the cost of living. |
IRS Adds to FAQs on Tax Credits for Employee Leave Under FFCRA and ARPA(posted: Friday, March 4th, 2022) On March 3, 2022, the IRS issued four new answers tofrequently asked questions about employee leave taken under the Families FirstCoronavirus Response Act (FFCRA) and the American Rescue Plan Act (ARPA). The newFAQs concern employer and employee reporting of wages paid for leave takenunder the FFCRA and ARPA during different time periods. |
IRS Adds to FAQs on Employee Leave Under FFCRA and ARPA(posted: Friday, March 4th, 2022) On March 3, 2022, the IRS issued four new answers tofrequently asked questions about employee leave taken under the Families FirstCoronavirus Response Act (FFCRA) and the American Rescue Plan Act (ARPA). The newFAQs concern employer and employee reporting of wages paid for leave takenunder the FFCRA and ARPA during different time periods. |
Massachusetts COVID-19 Paid Sick Leave to End March 15(posted: Thursday, March 3rd, 2022) Massachusetts has announced that the state’s COVID-19 emergency paid sick leave program will expire on March 15, 2022. The program, enacted into law in May 2021, requires employers to provide employees with up to 40 hours of paid sick leave for specific COVID-19-related reasons. |
CDC Loosens Mask-wearing Guidance for Most of U.S. Population(posted: Wednesday, March 2nd, 2022) Wearing a Mask Indoors Is No Longer Recommended For Individuals In Low or Medium Risk Counties Recently, the Centers for Disease Control and Prevention (CDC) announced updates to its mask wearing recommendations, loosening guidance for a majority of the U.S. |
Alerts for February | |
FMLA Compliance Under Scrutiny as Part of New DOL Initiative(posted: Friday, February 25th, 2022) In its announcement this month of a warehouse and logistics worker initiative, the Wage and Hour Division of the U.S. Department of Labor stated the action would include ensuring workers are not prevented from taking time off under the federal Family and Medical Leave Act. |
New Jersey Employers to Disclose Employee Monitoring During Travel(posted: Wednesday, February 23rd, 2022) Employers Will Need To Provide Written Notice New Jersey has adopted a new law to protect employee privacy in the workplace. Under the new law, employers cannot use tracking or electronic communications devices in a vehicle used by an employee |
New York to Require Employee Electronic Monitoring Notification(posted: Wednesday, February 23rd, 2022) Employers Will Need to Notify Employees Upon Hiring On Nov. 2, 2021, the state of New York amended its civil rights laws to require employers not only to disclose electronic monitoring activities to their employees but also |
FAQs, Workplace Poster Issued for New California Supplemental Paid Sick Leave(posted: Monday, February 21st, 2022) The California Department of Industrial Relations has published answers to frequently asked questions and a poster for employer use in connection with the state’s new COVID-19 supplemental paid sick leave law. |
California Enacts Supplemental Paid Sick Leave for COVID-19(posted: Thursday, February 10th, 2022) California has passed a new supplemental paid sick leave law requiring employers with more than 25 employees to provide up to 40 hours of paid leave for specific COVID-19-related reasons, and 40 additional hours if an employee or their family member tests positive for COVID-19. |
Washington Cares Fund Implementation Delayed(posted: Tuesday, February 8th, 2022) On Jan. 27, 2022, Gov. Jay Inslee signed legislation reforming key parts of and delaying by 18 months premium assessments for the state-operated public insurance program to pay for long-term care services (called the Washington Cares Fund). |
New Model Employer CHIP Notice Issued(posted: Wednesday, February 2nd, 2022) The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Jan. 31, 2022. |
Reminder: Medicare Part D Disclosures due by March 1, 2022 for Calendar Year Plans(posted: Wednesday, February 2nd, 2022) Group health plan sponsors are required to complete an online disclosure form with the Centers for Medicare & Medicaid Services (CMS) on an annual basis and at other select times, indicating whether the plan's prescription drug coverage is creditable or non-creditable. |
Alerts for January | |
OSHA Withdraws COVID-19 ETS, but Not the Proposed Permanent Rule(posted: Tuesday, January 25th, 2022) Though Withdrawn As An Enforceable Emergency Standard, the OSHA ETS Remains As A Proposed Rule On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID 19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will |
DOL Publishes Guidance on $15 Minimum Wage for Federal Contractor Employees(posted: Monday, January 17th, 2022) Federal Contractors Can Use New Guidance To Understand and Implement EO 14026 On Jan. 13, 2022, the U.S. Department of Labor (DOL) published Field Assistance Bulletin (FAB) 2022 1 to help federal contractors understand and implement a $15 minimum wage |
Supreme Court Stays OSHA ETS Vaccination and Testing Mandate(posted: Friday, January 14th, 2022) Employers Are Not Required to Comply with the Vaccination or Testing Mandate At This Time On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing |
Supreme Court Reinstates Vaccine Requirement for Health Care Workers(posted: Friday, January 14th, 2022) CMS Likely Will Resume Enforcement of the Emergency Rule On Jan. 13, 2022, the U.S. Supreme Court dissolved the temporary injunctions blocking enforcement of the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID 19 vaccination of certain |
Agencies Issue Guidance on Coverage of OTC COVID-19 Tests(posted: Monday, January 10th, 2022) Coverage of OCT COVID 19 Test To Be Covered Without Health Care Provided Involvement On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans |
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Alerts for December | |
CDC Recommends Shorter COVID-19 Isolation and Quarantine(posted: Thursday, December 30th, 2021) Asymptomatic Individuals Must Now Isolate For Five Days On Monday, Dec. 27, 2021, the Centers for Disease Control and Prevention (CDC) reduced its recommended periods for COVID 19 isolation (confirmed COVID 19 infection) and quarantine (potential COVID |
New York Adopts Final Regulations for Paid Sick Leave(posted: Wednesday, December 29th, 2021) The New York State Department of Labor has adopted final regulations for the state’s paid sick leave law. The regulations are unchanged from the Dec. 9, 2020, proposed regulations and cover the topics of definitions, documentation, employee count and accruals. |
NYC Employers Must Allow Leave for Child COVID-19 Vaccinations(posted: Tuesday, December 28th, 2021) New York City has enacted a law requiring employers to provide paid leave for employees to accompany their children to COVID-19 vaccination appointments and care for them during vaccine recovery. |
Supreme Court to Hold Hearings on Federal Vaccine Mandates(posted: Friday, December 24th, 2021) OSHA Will Delay Enforcement Until January 10 On Dec. 22, 2021, the U.S. Supreme Court announced that it will hear oral arguments regarding whether two federal vaccine requirements can be enforced while legal appeals are in process. On Jan. 7, |
Court Reinstates OSHA Vaccination Mandate for Private Employers(posted: Sunday, December 19th, 2021) The Reinstatement Allows OSHA To Implement And Enforce Compliance With The ETS Nationwide On Friday Dec. 17, 2021 the 6th Circuit Federal Court of Appeals reinstated the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID |
IRS Announces 2022 Standard Mileage Rates(posted: Friday, December 17th, 2021) On Dec. 17, 2021, the IRS issued the 2022 optional standard mileage rates, which are used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. |
Michigan Resumes Scheduled Minimum Wage Increases(posted: Friday, December 3rd, 2021) New Rate Becomes Effective Jan. 1, 2022 On Dec. 2, 2021, Michigan’s Department of Labor and Economic Opportunity (LEO) announced the state’s minimum wage rate will increase to $9.87 per hour ($3.75 for tipped employees) on Jan. 1, 2022. |
Court Blocks Vaccine Mandate for Federal Contractors in Three States(posted: Wednesday, December 1st, 2021) The Preliminary Injunction Applies Only To Kentucky, Ohio And Tennessee On Nov. 30, 2021, a federal judge issued a preliminary injunction effectively blocking the implementation and enforcement of President Biden’s COVID 19 vaccine mandate for |
Alerts for November | |
Colorado Amends Minimum Wage, Overtime and Wage Payment Laws(posted: Tuesday, November 30th, 2021) New Rules Become Effective Jan. 1, 2022 On Nov. 10, 2021, Colorado adopted a series of regulations, including Colorado’s Overtime and Minimum Pay Standards (COMPS) Order 38, that update and strengthen wage protections for employees. Among other things, these rules |
D.C. Passes COVID-19 Vaccination Leave, Extends Other COVID-19 Employee Leave(posted: Wednesday, November 24th, 2021) Washington, D.C., has enacted the COVID Vaccination Leave Emergency Amendment Act of 2021, providing paid time off for COVID-19 vaccinations and extending and updating unpaid leave for COVID-19-related purposes under the District of Columbia Family and Medical Leave Act. |
DOL Announces Rule to Increase Federal Contractor Minimum Wage(posted: Tuesday, November 23rd, 2021) Federal Contractors Will Need To Determine The Set Of Rules That Apply Based On Their Contract Date On Nov. 22, 2021, The U.S. Department of Labor (DOL) announced a new rule that will increase the minimum wage rate for |
HHS Increases Civil Penalties for Certain Group Health Plan Violations(posted: Friday, November 19th, 2021) Effective Nov. 15, 2021, the U.S. Department of Health and Human Services (HHS) has increased the following key penalties affecting group health plans: |
DOL, NRLB and EEOC Announce Joint Initiative Against Workplace Retaliation(posted: Thursday, November 18th, 2021) According To The Federal Agencies, Retaliation Claims Have Risen Each Year For The Last 20 Years On Nov. 10, 2021, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB) and the U.S. Equal Employment Opportunity Commission (EEOC) |
Qualified Transportation Fringe Benefit Limits to Increase in 2022(posted: Thursday, November 18th, 2021) The IRS has released Revenue Procedure 2021-45, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2022 taxable year, along with annually adjusted numbers for 2022 for a number of other tax provisions. |
NY to Expand Paid Family Leave to Cover Siblings(posted: Wednesday, November 10th, 2021) On Nov. 1, 2021, New York state amended the definition of “family member” in the state’s paid family leave law to include siblings, effective Jan. 1, 2023. |
New York COVID-19 Vaccine Leave Covers Booster Shots(posted: Wednesday, November 10th, 2021) The New York Department of Labor has issued guidance clarifying that the state law requiring paid employee leave for COVID-19 vaccination includes leave for booster shots. |
IRS Releases 2022 Retirement Contribution Limits(posted: Monday, November 8th, 2021) The Internal Revenue Service (IRS) has released Notice 2021-61, which contains cost-of-living adjustments for 2022 that affect amounts employees can contribute to 401(k) plans and individual retirement accounts (IRAs). |
COVID-19 Vaccination Required for Health Care Workers(posted: Friday, November 5th, 2021) Affected Health Care Facilities Must Ensure Their Staff Is Fully Vaccinated by Jan. 4, 2022 On Nov. 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an emergencyregulation requiring COVID 19 vaccination of eligible staff at health care |
OSHA Releases Vaccination and Testing ETS(posted: Friday, November 5th, 2021) Affected Employers Must Develop, Implement And Enforce A Mandatory COVID 19 Vaccination Policy On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to address the grave danger of COVID 19 infection |
DOL Issues New Model Employer CHIP Notice(posted: Thursday, November 4th, 2021) The Department of Labor (DOL) has released a new model Employer CHIP Notice with information current as of Oct. 15, 2021. |
New York Construction Contractors Liable for Subcontractor Wage Claims(posted: Wednesday, November 3rd, 2021) The New Law Becomes Effective Jan. 4, 2022 The state of New York has adopted a new law (AB 3350) that holds construction contractors and subcontractors jointly and severally liable for wage claims brought against their subcontractors. The new law |
Washington State Announces PFML Rates for 2022(posted: Tuesday, November 2nd, 2021) Washington state’s paid family and medical leave (PFML) premium rate will increase in 2022. However, the employer-paid portion of that rate will be a smaller percentage of the overall contribution than in 2021. The maximum weekly PFML benefit will also increase in 2022. |
Delaware Repeals Subminimum Wage Rate for Disabled Workers(posted: Monday, November 1st, 2021) Subminimum Wages for Employees With Disabilities Will Phase Out By Jan. 31, 2024 On Oct. 20, 2021, Delaware repealed a provision that enabled employers to pay wages below the state’s minimum wage rate to employees who are mentally or physically |
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Alerts for October | |
Massachusetts Lowers PFML Contribution Rate for 2022(posted: Friday, October 29th, 2021) The Massachusetts paid family and medical leave contribution rate will be 0.68% of employee wages in 2022. This is a reduction of the 0.75% rate that applied in 2021, the first year benefits were available under the program. |
DOL Clarifies Pay Requirements for Tipped Employees With Dual Jobs(posted: Thursday, October 28th, 2021) The New Rule Becomes Effective Dec. 28, 2021 On Oct. 28, 2021, the U.S. Department of Labor (DOL) announced the publication of a new rule for tip regulations under the Fair Labor Standards Act (FLSA). The new rule clarifies that |
California Announces 2022 Salary Level for Computer Software Employee Exemption(posted: Thursday, October 28th, 2021) Salary Levels For The Computer Professional Exemption Are Updated Annually California’s Department of Industrial Relations (DILR) has announced that the salary level for the computer software employee exemption will increase to $50 per hour on Jan. 1, 2022. |
Washington Updates Salary Levels for Overtime Exemption(posted: Friday, October 22nd, 2021) Salary Levels Depend On Employer Size and the State Minimum Wage Rate Washington’s Department of Labor and Industries has announced the 2022 updates for the state white collar overtime exemption salary levels. The new thresholds become effective Jan. 1, 2022. |
California Amends Notice and Reporting Requirements for COVID-19(posted: Thursday, October 21st, 2021) New Requirements Became Effective Oct. 5 On Oct. 5, 2021, California approved Assembly Bill 654 (AB 654) to amend California’s Occupational Safety and Health Administration (Cal OSHA) COVID 19 notice and reporting regulations. The bill became effective upon adoption on |
Massachusetts Announces 2022 PFML Benefit Rate(posted: Wednesday, October 20th, 2021) Massachusetts has announced an increase in the maximum state paid family and medical leave (PFML) benefit for 2022. |
Alaska Announces 2022 Minimum Wage Rate(posted: Wednesday, October 20th, 2021) The State Rate Will Remain Unchanged for 2022 On Oct. 5, 2021, Alaska announced the state minimum wage rate will remain unchanged at $10.34 per hour for nonexempt employees for 2022. State law requires that the Alaska Department |
California Updates ABC Test Exemptions(posted: Wednesday, October 20th, 2021) The Amendments Become Effective Jan. 1, 2022 On Sept. 30, 2021, California updated its exceptions to the law that regulates independent contractor classification (AB 5). AB 5 requires a three part test, also known as the ABC test, to determine |
District of Columbia Updates Paid Family Leave Benefit Rate(posted: Wednesday, October 20th, 2021) The District of Columbia has announced an increase in the maximum paid family leave benefit. |
Montana Announces 2022 State Minimum Wage Rate(posted: Tuesday, October 19th, 2021) On Sept. 30, 2021, Montana announced a $9.20 minimum wage rate for nonexempt employees. The new rate becomes effective on Jan. 1, 2022. Employers should note that state law does not allow for a tip credit, meal credit or training |
Delaware Repeals Training and Youth Minimum Wage Rates(posted: Tuesday, October 19th, 2021) The State's Training and Youth Wages Remain Effective Until Dec. 29, 2021 On Sept. 30, 2021, Delaware amended its wage and hour laws to repeal its training and youth minimum wage rates. The amendments become effective on Dec. 29, 2021. |
Proposal for Fiduciaries to Consider ESG Factors in Plan Management(posted: Tuesday, October 19th, 2021) On Oct. 13, 2021, the U.S. Department of Labor (DOL) proposed a rule that would allow plan fiduciaries to consider climate change and other environmental, social and governance (ESG) factors when they make investment decisions and exercise shareholder rights. |
Florida New Hire Reporting Now Includes Independent Contractors(posted: Friday, October 15th, 2021) Reporting Requirement Applies to Contractors That Render At Least $600 In Services Effective Oct. 1, 2021, a new law in Florida requires employers and service recipients to report to the State Directory of New Hires (the Directory) information |
District of Columbia Expands Paid Employee Leave(posted: Wednesday, October 13th, 2021) The District of Columbia has amended its Universal Paid Leave Act (UPLA) and Family and Medical Leave Act (DCFMLA). The amendments took effect Oct. 1, 2021, via emergency legislation and expire Nov. 21, 2021. An identical, permanent law is under Congressional review. |
Allegheny County, Pennsylvania, Passes Paid Sick Leave Ordinance(posted: Friday, October 8th, 2021) Employers in Allegheny County, Pennsylvania must provide employees with paid sick time under a new ordinance passed Sept. 14, 2021. |
Clarifying Guidance on COBRA Deadline Extension Relief(posted: Thursday, October 7th, 2021) IRS Notice 2021-58 clarifies the application of certain COBRA deadline extensions for electing COBRA coverage and paying COBRA premiums under prior relief that was issued as a result of the COVID-19 outbreak (“Emergency Reliefâ€). |
Ohio Minimum Wage to Increase in 2022(posted: Thursday, October 7th, 2021) The New Rate Becomes Effective Jan. 1, 2022 On Jan. 1, 2022, Ohio’s minimum wage rate will increase to $9.30 per hour for nonexempt employees. The state minimum wage in Ohio applies to employers that gross at least |
Washington Announces 2022 Minimum Wage Rate(posted: Thursday, October 7th, 2021) The New Rate Becomes Effective Jan. 1, 2022 Washington state has announced that its minimum wage rate will increase to $14.49 per hour on Jan. 1, 2022. Employers may continue to pay employees who are 14 or 15 years of |
California Family Rights Act to Cover Care for Parents-in-Law(posted: Wednesday, October 6th, 2021) Effective Jan. 1, 2022, California employers subject to the California Family Rights Act must allow eligible employees to take leave under the act to care for a parent-in-law with a serious medical condition. |
California Repeals Subminimum Wage Rates for Disabled Workers(posted: Wednesday, October 6th, 2021) A Multi year Plan Will Be Developed To Phase Out All Subminimum Wages For Employees With Disabilities By Jan. 1, 2025 On Sept. 27, 2021, California repealed a provision that enabled employers to pay wages below the state’s minimum wage |
South Dakota Announces 2022 State Minimum Wage Rate(posted: Wednesday, October 6th, 2021) New Rates Become Effective Jan. 1, 2022 South Dakota has announced a $9.95 per hour minimum wage rate for nonexempt employees. The new minimum wage rate becomes effective Jan. 1, 2022. State Minimum Wage Rate South |
New York Announces Minimum Wage Rates for 2022(posted: Wednesday, October 6th, 2021) New Rates Become Effective On Dec. 31, 2021 On Sept. 22, 2021, the New York Department of Labor (NYDOL) announced the state’s two minimum wage rates will increase on Dec. 31, 2021. The rate for Nassau, Suffolk and |
Massachusetts Extends COVID-19 Paid Sick Leave Through April 1(posted: Monday, October 4th, 2021) Massachusetts has extended its COVID-19 emergency paid sick leave law through April 1, 2022, and added a new reason for the leave. |
California Adopts Warehouse Distribution Center Quota Law(posted: Monday, October 4th, 2021) The New Law Becomes Effective Jan. 1, 2022 On Sept. 23, 2021, California adopted a new law that requires distribution centers to provide their employees with written quota descriptions upon hire. The law also prohibits quotas that would prevent compliance |
