EEOC Files COVID ADA Lawsuit

We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to…

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Feeling the Heat!

The Biden administration earlier this week announced that it had instructed OSHA, the Occupational Safety and Health Administration to develop workplace safety standards relating to exposure to extreme heat. Although this isn’t necessarily an immediate concern for our members and subscribers, there is enough daylight in OSHA’s preliminary language to at least warrant that you…

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DoorDash Sues NYC Again

We advised a couple of weeks ago that the NYC City Council had adopted a 15% cap on third-party delivery fees, and shortly after the ink on that ordinance dried, DoorDash and other third-party delivery firms challenged the ordinance in court. While that challenge is pending, DoorDash also filed a separate suit this week, challenging…

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Biden Vaccine Mandate

Last night from the White House, President Biden announced that through the US Department of Labor’s Occupational and Safety Health Administration (OSHA), he will be requiring that all American employers with 100 or more employees mandate that their employees be vaccinated against the coronavirus or produce a negative COVID-19 test on a weekly basis. In…

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COBRA Notice Deadline Wednesday

As we advised you a couple of weeks ago, a 100% subsidy of COBRA premiums was mandated by the American Rescue Plan Act (ARPA) through September 30. The ARPA further dictated that plan administrators give advance notice to “assistance-eligible individuals” (AEIs) that their COBRA subsidy period is coming to an end. The final date by…

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Display Federal and State Postings

Periodically, our friends at SESCO Management remind us of some important requirements with which as employers, we are required to comply. In that vein, if an employer has less than 50 employees, they are required to post these 5 federal notices: Fair Labor Standards Act, Employee Polygraph Protection Act, Equal Employment Opportunity, Uniformed Services Employment…

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Starbucks

Earlier this month, Starbucks announced that it will increase the starting wage for its baristas in all stores to $12 an hour beginning in October. The company had previously announced plans for the across-the-board increase to take place in January, but pointed to better than expected performance to justify the early increases. Elsewhere, two baristas…

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Fair Chance Laws and Criminal Background Checks

New York City and the state of Maine aren’t usually packaged together relating political issues, but they are both tightening up employer options regarding criminal background checks. New York City of course, already restricted an employer’s ability to inquire into an applicant’s criminal history, but back in January, passed additional amendments that just took effect…

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In the Halls of Justice

There have been a number of court rulings from various states around the country that we wanted to call to your attention as they impact issues on which we’ve reported and about which you may have concerns. First off, the California Supreme Court last week defined “premium pay” as the regular rate of pay used…

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Maryland Unemployment Premium Restored

As we advised you last week, a Maryland court in Baltimore had ordered the restoration of the federal $300 weekly premium for unemployed individuals, notwithstanding the severe labor shortage that businesses are currently facing. Well, this week in that same Baltimore City Circuit Court, Judge Lawrence Fletcher-Hill replaced his 10-day restraining order with a preliminary…

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