April 2021: The High 16 Labor And Employment Legislation Tales | Fisher Phillips

It’s laborious to maintain up with all of the current adjustments to labor and employment legislation. Whereas the legislation at all times appears to evolve at a fast tempo, there have been an unprecedented variety of adjustments for the previous few years—and this previous month was no exception.

In actual fact, there have been so many vital developments happening in the course of the previous month that we have been as soon as once more pressured to increase our month-to-month abstract effectively past the everyday “High 10” record. To be able to just remember to keep on prime of the newest adjustments, here’s a fast evaluation of the High 16 tales from final month that every one employers must learn about:

1. American Families Plan Includes Proposal For Federal Paid Leave Program – President Biden’s newest infrastructure proposal – known as the American Families Plan– features a plan that might set up the nation’s first everlasting federal paid depart program. Unveiled on April 28, the proposed laws would allow employees to obtain paid depart for their very own well being issues, parental functions, or to take care of sick relations, feathering in advantages to finally supply a full 12 weeks of depart by 2031. What do employers must learn about this groundbreaking proposal?
2. Biden Taps California Safety Chief to Lead Federal OSHA – President Joe Biden not too long ago introduced that he intends to appoint Doug Parker as the top of the Occupational Security and Well being Administration (OSHA). Parker has led the California Division of Occupational Security and Well being (Cal/OSHA) since 2019 and has made a reputation for himself prioritizing office security by way of aggressive enforcement techniques. If confirmed by the Senate, Parker would fill a place that has been vacant since January 2017.  OSHA’s acknowledged mission is to “guarantee protected and wholesome working situations for working women and men by setting and imposing requirements and by offering coaching, outreach, training and help,” and the company is tasked with imposing quite a lot of whistleblower and security rules. What do employers must know in regards to the April 9 announcement?
3. Hospital Encounters Pushback on Mandatory Vaccine Policy: 7 Issues to Consider Before Your Company Requires Vaccines – Pushback in opposition to employer-mandated COVID-19 vaccines has stirred media attention in Texas, residence to the world’s largest medical complex. Particularly, a nurse working at a hospital within the Houston Methodist system has anonymously circulated a petition and spoken to the media in regards to the employer’s upcoming deadline for workers to be vaccinated except they get hold of a medical or spiritual exemption. She claims to talk on behalf of “everyone who is just too scared to talk up” about what she characterised as threatening or bullying conduct by Methodist in its try to achieve as near 100% vaccination price as potential. The controversy highlights points that each employer ought to contemplate as you consider whether or not to require your staff to get vaccinated. The central dispute is extra philosophical than authorized, juxtaposing some staff’ particular person issues in opposition to an employer’s lawful method to maximizing security in a healthcare setting.   
4. Federal Contractor Employees to See Minimum Wage Increase to $15 – President Biden signed an Govt Order on April 27 that can improve the minimal wage for federal contractor staff to $15 per hour starting in 2022 – offering an enormous increase in wages for a lot of employees throughout the nation and rising labor prices for these employers doing enterprise with the federal authorities. On January 1, 2023, and yearly thereafter, the Secretary of Labor will decide a brand new minimal wage price that can not be lower than the then-existing minimal wage price and will likely be elevated to mirror adjustments within the Client Worth Index for City Wage Earners and Clerical Employees, rounded to the closest $0.05. What do it’s good to learn about this growth?
5. California Hospitality Employers Will Need to Track COVID-19 Layoffs Until 2025 Due to New Right-of-Recall Bill – California Governor Gavin Newsom signed into legislation on April 16 a statewide proper of recall for workers in sure industries who have been laid off as a consequence of results of the COVID-19 pandemic. SB 93, which enacts Labor Code Part 2810.8 efficient instantly, primarily impacts hospitality employers in California but additionally features a few different industries. The brand new legislation will stay in impact till December 31, 2024 and accommodates some doubtlessly devastating penalties for violations – so compliance will likely be important. Particularly as we head in the direction of the complete reopening of the state’s financial system, what do California employers must learn about this new legislation?
6. Employers May Claim Tax Credit For Providing COVID-19 Vaccination Paid Leave, With Qualifications – In an try to spice up the nation’s COVID-19 vaccination price, President Joe Biden announced on April 22 that small- and medium-sized employers providing vaccine-related paid depart will likely be eligible for a big tax credit score. The tax credit score will totally offset the price of offering paid time without work to staff not solely to get inoculated but additionally for any time wanted to recuperate from vaccination unintended effects. As defined beneath, nevertheless, acquiring this tax credit score will not be completely new, neither is it freed from associated necessities.  
7. Federal Appeals Court Limits ADA Website Accessibility Lawsuits – A federal appeals court docket has simply offered some much-needed reduction to companies dealing with a barrage of web site accessibility lawsuits alleging that their websites don’t adjust to the nation’s principal incapacity discrimination statute. These lawsuits usually contain a potential plaintiff, or their counsel, merely accessing an organization’s web site and testing numerous display screen studying software program, submitting swimsuit if any portion of the web site will not be suitable with any of the assistive applied sciences. Within the April 7 Gil v. Winn-Dixie choice, the Eleventh Circuit Courtroom of Appeals struck a blow to those lawsuits by holding {that a} web site will not be a spot of public lodging topic to the Title III the People with Disabilities Act (ADA) and setting a excessive bar for web site accessibility points to rise to the extent of a statutory violation. Whereas yesterday’s choice itself solely straight impacts companies in Alabama, Florida, and Georgia, it provides to a cut up among the many numerous circuit courts and will outcome within the situation in the end being determined by the U.S. Supreme Courtroom. What ought to companies do in response to this key ruling?
8. Vaccine Incentive Help is on the Way: EEOC Announces Upcoming Employer Guidance Insights – Heeding calls from a consortium of over 40 enterprise teams, the EEOC introduced on April 15 that it could quickly present steering to employers throughout the nation on office incentives and the COVID-19 vaccine. Noting that businesses asked the EEOC in early February to make clear the extent to which employers can supply staff incentives to vaccinate with out working afoul of the People with Disabilities Act (ADA) and different federal anti-bias legal guidelines, the company mentioned it “expects to replace its technical help about COVID-19 to deal with these points, amongst others, and that work is ongoing.” The EEOC’s letter, signed by Performing Authorized Counsel Carol Miaskoff, didn’t present a date for when you possibly can count on this steering, however the hope is that the data will come quickly.
9. Workers’ COVID-19 Vaccine Reactions Might Be Recordable on Your OSHA 300 Logs Insights – If an worker has a response to the COVID-19 vaccine, do it’s good to document that sickness in your 300 log? The Occupational Security and Well being Administration (OSHA) not too long ago offered steering on this situation, one which many employers have been considering because the COVID-19 vaccine turned obtainable. In keeping with the company in a sequence of solutions to frequently asked questions, the important thing situation on this evaluation if whether or not you might be requiring the vaccine or merely encouraging it. OSHA states that for those who require staff to acquire a COVID-19 vaccine, any unintended effects from the vaccine will create a recordable occasion and you’ve got an obligation to incorporate that data in your OSHA 300 log. When you solely encourage the vaccine, you’ll not have that obligation.
10. New Labor Secretary Says Gig Economy Workers Should Be Classified As Employees – Secretary of Labor Marty Walsh didn’t beat across the bush when he offered his first public ideas in regards to the gig financial system workforce since assuming workplace. In an interview with Reuters released on April 29, Walsh mentioned “in loads of instances, gig employees needs to be categorised as staff.” His feedback ought to come as little shock to these within the business who’ve tracked his profession and adopted President Biden’s marketing campaign guarantees to crack down on purported misclassification. Whereas he tried to strike a balanced tone – noting that in “some instances” gig employees are handled respectfully, and indicating that he didn’t “begrudge” any corporations for elevating income and making income – his pointed feedback ship a direct sign to gig financial system companies that the Biden Division of Labor will quickly ramp up efforts to power gig employees to be thought of staff.
11. ICE Extends “Relaxed” I-9 Document Inspection Rules Through May 31 and Clarifies Remote Worker Rules for New Hires – As previously reported, U.S. Immigration and Customs Enforcement (ICE) has relaxed its guidelines concerning the in-person inspection of worker paperwork when filling out a Type I-9, and the agency recently announced that these relaxed guidelines have been prolonged till Could 31. The continued flexibility supplied to employers is in response to the COVID-19 pandemic and the prevalence of employees nonetheless doing their jobs on a distant foundation. In its announcement, ICE additionally introduced that staff employed on or after April 1, 2021 who work solely in a distant setting as a consequence of COVID-19 associated precautions will likely be exempt from the I-9 bodily inspection necessities till they undertake non-remote employment on a “common, constant, or predictable foundation or till the pliability coverage is terminated which is earlier.”
12. DOL Issues Guidance to Help Employers Understand Obligations Regarding COBRA Premium Assistance Provisions in the American Rescue Plan Act – The not too long ago enacted American Rescue Plan Act (ARPA) gives for 100% premium assistance to certain qualified beneficiaries for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for durations of protection starting on or after April 1, 2021 and ending September 30, 2021. The brand new legislation permits help for eligible people to forego paying relevant COBRA protection premiums however be deemed to have made full fee. Employers will be capable to declare employment tax credit to offset the quantities (together with relevant administrative charges) of unpaid COBRA premiums. ARPA left many questions unanswered, and employers have been awaiting additional steering from the U.S. Division of Labor (DOL). Moreover, ARPA charged the DOL with drafting mannequin templates for numerous COBRA-related notices mandated by the legislation. The DOL has now issued a set of Incessantly Requested Questions and a sequence of Mannequin Notices to assist make clear how employers should adjust to ARPA’s COBRA help provisions. What do employers must learn about this April 7 launch?
13. April Sees End to Work Visa Ban, Bringing Relief to Employers – The Trump-era Presidential Proclamation that quickly suspended sure nonimmigrant visas expired on the finish of March, and federal immigration officers introduced that momentary employees may as soon as once more start making use of for visas efficient instantly. The Division of State introduced on April 1 that H-1B, H-2B, L-1, and J-1 visa candidates who have been beforehand refused visas because of the restrictions of Presidential Proclamation 10052 – generally known as because the “work visa ban” – might reapply by submitting a brand new software together with a brand new price. This comes as welcome information for a lot of employers who confronted vital obstacles in bringing their much-needed workforce because the Proclamation was issued.
14. Washington Changes Key Employer Obligations for High-Risk Workers Insights – Washington Governor Jay Inslee not too long ago amended an govt proclamation that imposes sure office safety for high-risk employees throughout pandemic, granting employers some extra flexibility that took impact April 23. Nonetheless, stringent obligations stay in place, so employers ought to guarantee they’re totally on top of things on the principles. What do it’s good to know in regards to the adjustments about to take impact – and the principles already in place?
15. Kentucky’s New ‘Reentry’ Law Gives Employers Clearance to Hire Workers With Criminal Backgrounds – Underneath a brand new Kentucky legislation that can take impact in July 2021, employers can rent certified candidates with legal data with out fearing authorized limitations and liabilities. Particularly, Home Invoice 497 creates a certificates program that can give employers reduction from civil legal responsibility for hiring an ex-offender who was skilled for a specific job. The aim is to boost the flexibility of previously incarcerated folks to get jobs as soon as they’re locally to additional assist of their rehabilitation and reintegration. The invoice was signed by Governor Andy Beshear on April 5 after being unanimously handed by the Kentucky Legislature in late March. Right here’s what Kentucky employers must learn about this new legislation.
16. Philadelphia Set to Ban Pre-Employment Marijuana Testing: What Employers Need to Know – Philadelphia is about to affix a small however rising record of jurisdictions (together with Nevada and New York City) that prohibit employers from testing potential staff for marijuana. The proposal, which was not too long ago authorised by metropolis council and is predicted to be signed by the mayor, will forestall most employers from rescinding a candidate’s job supply because of the presence of marijuana in a pre-employment drug check. Nothing inside the invoice, nevertheless, would forbid an employer from disciplining an worker for impairment or marijuana use within the office. If authorised by the mayor, the laws would go into impact on January 1, 2022.