Effective October 1, 2021, the New Jersey Division of Taxation (the “NJDT”) ended the temporary relief period with regard to employers’ obligation to withhold income taxes for teleworking employees who work in New Jersey.1 Employers must therefore stop basing their obligation to withhold and remit income taxes on the
Archives for October 2021
Beltway Buzz, October 29, 2021
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Build Back Better Reconciliation Bill Includes Heavy New Penalties for Employer Violations of NLRA
The media has been covering the budget bill – the Build Back Better Act – which contains controversial provisions on many subjects. Among them are provisions that include new employer penalties under the National Labor Relations Act (NLRA).
The political roadblock on the bill is a probable Senate filibuster which
$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright
For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their workforces.
Missouri Governor Thumbs Nose at Federal Mandates, but Private Employers Still Left Wondering Whether and How to Comply
Following in the footsteps of governors in states such as Alabama, Arkansas, and Texas, on October 28, 2021, Missouri Governor Mike Parson issued Executive Order 21-10, a measure intended to chip away at the reach of federal vaccine mandates.
DOL’s Dual Jobs Final Rule: Will It Be a Horror Show for Employers?
On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may cause many employers in the restaurant, hospitality, and service industries to rethink and/or end their use of tip credits under the federal Fair Labor Standards Act (FLSA). Under the FLSA, an employer that meets
DOL Publishes Final Rule to Resurrect 80/20 Rule for Tipped Employees
On October 28, 2021, the U.S. Department of Labor (DOL) announced publication of a final “dual jobs” rule, which reverses course from a December 2020 final rule and resurrects the so-called “80/20 Rule” that governs how tipped employees must be paid under the Fair Labor Standards Act (FLSA).
Nov. 8 Marks Lifting of Some U.S. COVID-19 International Travel Restrictions
As of 12:01 a.m. ET on November 8, 2021, the United States’ country-specific 14-day COVID-19 travel restrictions that have been so troublesome and disruptive for individuals and businesses will be eliminated. Instead, protecting the country from COVID-19 will focus on vaccination status.
President Joe Biden’s “A Proclamation on Advancing the
EEOC Updated Its COVID-19 Guidance on Religious Accommodations, Here’s What You Need to Know
Since March 2020, the U.S. Equal Employment Opportunity Commission’s (EEOC) COVID-19 technical assistance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” has been a valuable resource for employers in dealing with the unprecedented challenges of the COVID-19 pandemic.
Department of Education Recommends Steps to Ensure Inclusivity of Intersex Students
The U.S. Department of Education’s Office for Civil Rights (OCR) has published a fact sheet that addresses key issues intersex students face in schools and provides recommendations on how schools can support intersex students.
It’s Not a Presidential Election, But Employers Still Have Obligations
As Election Day approaches, employers should ensure they are in compliance with state law requirements related to employee voting rights.
What to Know About New York City’s Law on COVID-19 Severance Pay for Hotel Workers
Under a New York City law, hotels with at least 100 rooms that either (1) experienced a mass layoff of 75% or more of their workforce or (2) were closed to the public during the COVID-19 pandemic, but have not reopened to the public by November 1, 2021, must pay a weekly severance to laid-off employees.
Federal Court Rejects Legal Challenges to Workplace Mandatory Vaccination Policies
A federal court recently issued a ruling in one of the first lawsuits in South Carolina challenging mandatory vaccinations. In Bauer v. Summey, employees of the City of North Charleston, the City of Charleston, and the St. James Fire District challenged their employers’ mandatory COVID-19 vaccination policies, and sought a preliminary injunction suspending enforcement of the policies during the lawsuit.
“Reasonable Accommodation Not Always Employee’s Preferred Choice,” HR Daily Advisor
Michael Foley, an associate in the Labor & Employment Practice Group in the New Orleans office, wrote the article “Reasonable Accommodation Not Always Employee’s Preferred Choice,” which was republished in HR Daily Advisor. In his article, Michael reviews a recent decision from the US 5th Circuit Court of Appeals which clarified that a disability accommodation can be reasonable even if it’s not the employee’s first choice. Michael says the ruling also demonstrates that it is important to take seriously all accommodation requests arising from an employee’s limiting physical or mental conditions, even if they appear minor or temporary.
Foley Article Featured in HR Daily Advisor
Michael Foley, an associate in the Labor & Employment Practice Group in the New Orleans office, wrote the article “Reasonable Accommodation Not Always Employee’s Preferred Choice,” which was republished in HR Daily Advisor.