The Occupational Safety and Health Administration (“OSHA”) kicked off the new year with a friendly reminder that covered employers must electronically submit Form 300A data for calendar year 2020 between January 2, 2021 and March 2, 2021. A paper copy of the 300A form must also be posted in for
Archives for January 12, 2021
New Florida E-Verify Requirements are in Effect for 2021
Last summer the state of Florida enacted a new law requiring public and private employers to comply with new state E-Verify requirements starting January 1, 2021.1 E-Verify is the Internet-based system operated by the U.S. Department of Homeland Security and the Social Security Administration that allows participating employers to electronically
New York City Says Goodbye to At-Will Employment for the Fast Food Industry
On January 5, 2021, New York City Mayor Bill de Blasio signed legislation that effectively ends at-will employment for fast food employees in New York City. The new law takes effect on July 4, 2021, and would make New York City the nation’s first jurisdiction to create job protections for
USCIS Issues Final Rule on Modification of H-1B Cap Selection Process
USCIS has released its final rule on the modification of the H-1B cap selection process (“Modification Rule”) to prioritize petitions with the highest wage levels in the Federal Register.
Unless the Biden administration decides to delay or freeze the new rule, the rule will become effective on March 9, 2021
The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance
The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.
Extension
When it was first passed, San Jose’s supplemental paid sick leave ordinance was set to
Wellness Programs and Water Bottles, the EEOC Proposes New Rules under the ADA and GINA
Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in certain “wellness programs.” The Equal Employment Opportunity Commission’s (EEOC) position on these programs has been a significant driver
The Real HR Show: Protesting and Emotions
The article we reference is here: What to Do If a Capitol Hill Rioter Also Happens to Be an Employee?
And the list of state laws is here: Retaliation for Political Activity
The post The Real HR Show: Protesting and Emotions appeared first on Evil HR
Cal/OSHA Clarifies COVID-19–Related Paid Time Off Requirements
On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) issued an updated version of its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” about COVID-19 Emergency Temporary Standards. The FAQs address many issues about which employers had questions, including paid time off
Consolidated Appropriations Act, 2021: Top Practical Considerations on FSA, Election Change Relief
The Consolidated Appropriations Act, 2021 (Act) provides certain COVID-19-related relief, including temporary additional flexibility regarding flexible spending accounts (FSAs). Employers have several practical considerations when deciding whether to adopt one or more of the changes in their plans.
Under the FSA changes, employees need not lose the benefit of the dollars
Minority Unions – A Major Concern for Employers in 2021 and Beyond?
Recent media reports have covered the relatively new phenomenon of minority labor unions. These are not traditional unions in the sense of formal organizing, National Labor Relations Board (NLRB) certification, and exclusive collective bargaining rights. Rather, they are organizations made up of groups of individuals (including traditional employees, temporary
Nevada Supreme Court Rules Courts May Blue-Pencil Unreasonable Noncompetition Agreements if the Agreement Includes Modification Provision
On December 31, 2020, the Nevada Supreme Court issued an opinion addressing and clarifying several issues relating to the power of the court to reform or modify an unreasonable noncompetition agreement often referred to as blue penciling.
Agricultural Employers Challenge Cal OSHA’s Emergency Temporary Standard on COVID-19 Prevention
At the end of 2020, California approved the Division of Occupational Safety & Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”).
Among the many requirements in the new ETS, Cal OSHA imposed a performance-based obligation on employers to establish and implement an effective COVID-19 Prevention Program, COVID-19 preventive measures (e.g.,