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.
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Heads to President’s Desk
On February 10, 2022, the U.S. Senate passed S. 2342, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, just a few days after the U.S. House of Representatives passed the bill, H.R. 4445, on February 7, 2022. If signed by President Biden as expected, the
DOL: Fiscal Year 2022 H-2B Updates
The H-2B program is available to employers that can demonstrate a temporary need to supplement their staffs based on a one-time, seasonal, intermittent, or peak-load need basis. The program is generally used by employers with peak busy seasons, such as hotels, amusement parks, and landscapers. The last two years have
Massachusetts Paid Family and Medical Leave: February 2022 Update
The Massachusetts Department of Family and Medical Leave (DFML) continues to issue, update, and consolidate guidance on the Massachusetts Paid Family and Medical Leave Act (PFML). Here is a summary of additional guidance released by the DFML in early 2022, which further updates our 2021 year-end article.
New Jersey Employers Now Required to Provide Written Notice Before Using Tracking Devices in Employee Vehicles
On January 18, 2022, New Jersey Governor Phil Murphy signed into law Assembly Bill No. 3950. Under the law, private employers in New Jersey must provide employees with written notice before using tracking devices on vehicles operated by employees.
L-2 and E Dependent Spouses: CBP Begins Implementing New I-94 Designations
U.S. Citizenship and Immigration Services (USCIS) recently issued policy guidance addressing the automatic extension of status for H-4, L-2, and E dependent spouses in response to the settlement of a class action lawsuit.
Mississippi Approves Medical Marijuana: What a Long, Strange Trip It’s Been
Rarely are we able to combine the Grateful Dead and Mississippi in the same sentence, but the band once said, what a long strange trip it’s been.
California Posts Updated Reference Materials and FAQs for Filing 2021 Pay Data Reports
The California Department of Fair Employment and Housing (DFEH) posted updates to its California Pay Data Reporting Portal User Guide and California Pay Data Reporting: Frequently Asked Questions (FAQ) guidance for the 2021 reporting year on its pay data reporting landing page on January 31, 2022. The DFEH has set
Common Reasons for Flagged Pay Differences
Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are usually focused on gender and race or national origin. Through these statistical analyses, employees are placed into comparator groups and
California’s New COVID-19 Supplemental Paid Sick Leave Law Passes Legislature and Awaits Governor’s Signature
On February 7, 2022, the California legislature passed legislation reviving COVID-19 supplemental paid sick leave (SPSL). The law creates new California Labor Code Section 248.6 and takes effect ten days after Governor Newsom signs the legislation, which we expect is imminent. It applies to all employers with 26 or more
Treasury Department, DOL, and HHS Provide Guidance on New Flexibility in Coverage of Over-the-Counter COVID-19 Tests
On February 4, 2022, the U.S. Department of Labor (DOL), U.S. Department of the Treasury, and U.S. Department of Health and Human Services (HHS) issued subregulatory guidance that provides greater flexibility and clarifies a few points on the required coverage of over-the-counter (OTC) COVID-19 tests, which took effect for employer
First Circuit Creates Split Regarding Federal Court Jurisdiction Over FLSA Multistate Collective Actions
On January 13, 2022, in Waters v. Day & Zimmermann NPS, Inc., the First Circuit Court of Appeals became the third federal appellate court to address the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior Court of California to Fair Labor Standards
Beltway Buzz, February 4, 2022
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.
H-1B Cap Quickly Approaching for FY 2023
While H-1B cap efforts remain underway for fiscal year (FY) 2022, employers may want to push forward now with preparations for FY 2023 H-1B cap season. (According to U.S. Citizenship and Immigration Services (USCIS), the petition filing period for registrations that were selected on November 19, 2021, is currently open
Oregon Health Authority Adopts COVID-19 Vaccination and Masking Rules in Healthcare and K-12 Education
On January 31, 2022, the Oregon Health Authority (OHA) published permanent rules relating to COVID-19 vaccination and masking requirements in healthcare settings, just a few days after issuing similar rules for K-12 schools. The permanent rules replaced temporary rules that expire after 180 days.