COVID-19
EEOC – The Equal Employment Opportunity Commission (EEOC) issued updated guidance last week stating that employers can require all employees who physically enter the workplace to be inoculated against COVID-19 as long as they provide reasonable accommodations. And, they can encourage vaccination with incentives that aren’t coercive. Employers still must “comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations,” the agency said. The EEOC also noted that it would be unlawful to apply a vaccination requirement in a way that treats employees differently based on disability, race, color, religion, sex, national origin, or age and that state and local laws may also govern vaccination requirements. More details.
Liability – Nebraska became the latest state to grant COVID-related liability protection for businesses. More details.
California – The standards board for California’s Division of Occupational Safety and Health (CalOSHA) passed new rules requiring employees, even those who have been vaccinated, to continue wearing masks indoors if they are around other workers who have not received the COVID-19 vaccine. If everyone is vaccinated, the masks can come off. The agency’s standards board initially voted Thursday to reject the new rules, citing confusion and complaints about the proposal. But after deciding the imperfect new rules are better than the current ones – which require all employees to wear masks even if everyone is vaccinated – the board passed the proposed rules in a second vote. The new rules will go into effect June 15 and last until early next year, though the agency has the option to revise or repeal them sooner. The board also created a subcommittee to continue working on COVID-19 workplace rules. More details.
Wages
Illinois – An amendment to the state’s existing wage theft law that more than doubles the penalties for violations has passed both legislative chambers and is on its way to the governor’s desk.To Access Align's Analysis: Log In or Subscribe
Michigan – The governor proposed using $300 million in federal COVID-19 funding to help businesses in the state offer $15/hr wages to employees.To Access Align's Analysis: Log In or Subscribe
Chicago, IL – Mirroring the state’s recent action, the mayor introduced an ordinance to increase the penalties of the city’s wage theft ordinance and further expand the definition of a “covered employee.”To Access Align's Analysis: Log In or Subscribe
Foster City, California – The city council approved conducting business community outreach regarding a potential minimum wage increase and those outreach findings will be presented back to the council.To Access Align's Analysis: Log In or Subscribe
Paid Leave
Massachusetts – The governor signed legislation establishing a statewide mandate for employers to temporarily provide employees up to 40 hours of COVID-19 Massachusetts emergency paid sick leave (MA EPSL) when they are unable to work due to specific qualifying reasons related to the pandemic.To Access Align's Analysis: Log In or Subscribe
Washington, DC – The city is the latest of a number of jurisdictions where the two-year old paid leave program has come in significantly under budget, resulting in a $400 million surplus.To Access Align's Analysis: Log In or Subscribe
Labor Policy
Labor Department – The White House has named David Weil to head the Wage & Hour Division. As Obama’s WHD administrator from 2014-2017, Weil was the nation’s chief enforcer of federal minimum wage and overtime pay laws.To Access Align's Analysis: Log In or Subscribe
California – The assembly failed to advance AB 257, the Fast Food Accountability and Standards (FAST) Recovery Act.To Access Align's Analysis: Log In or Subscribe
Colorado – Legislation expanding an employee’s right to file a civil action passed the senate and now moves to the house.To Access Align's Analysis: Log In or Subscribe
Colorado – A federal judge upheld the constitutionality of the state’s new pay transparency law.To Access Align's Analysis: Log In or Subscribe
Louisiana – Legislation suspending the state’s unemployment tax is headed to the governor’s desk for his expected signature.To Access Align's Analysis: Log In or Subscribe
Maryland – Legislation designed to protect essential workers during a pandemic became law without the governor’s signature.To Access Align's Analysis: Log In or Subscribe
Nevada – The governor signed legislation establishing provisions relating to the statute of limitations for commencing a wrongful termination of employment lawsuit.To Access Align's Analysis: Log In or Subscribe
Texas – Legislation that would preempt municipalities from regulating wages and benefits missed a May 30 deadline.To Access Align's Analysis: Log In or Subscribe
New York City, NY – The National Restaurant Association’s Restaurant Law Center and the New York State Restaurant Association jointly filed a lawsuit to overturn the city’s “just cause” law, slated to go into effect July 5.To Access Align's Analysis: Log In or Subscribe
Delivery
Nevada – Legislation requiring a third-party food platform to enter into agreement with a food business before arranging delivery of orders from that business or listing the business on an application or website is on its way to the governor’s desk for his expected signature.To Access Align's Analysis: Log In or Subscribe
Oregon – Legislation requiring a third-party food platform to enter into agreement with a food business before arranging delivery of orders from that business or listing the business on an application or website is on its way to the governor’s desk for her expected signature.To Access Align's Analysis: Log In or Subscribe
Alcohol
California – The house passed legislation permanently allowing cocktails to-go and home delivery of alcoholic beverages.To Access Align's Analysis: Log In or Subscribe
Illinois – The governor extended the current cocktails to-go law for an additional three years.To Access Align's Analysis: Log In or Subscribe
Louisiana – The house passed amended legislation allowing cocktails to-go in sealed containers.To Access Align's Analysis: Log In or Subscribe
Oregon – The house passed senate-approved legislation allowing for the sale of alcoholic beverages for off-site consumption.To Access Align's Analysis: Log In or Subscribe
Packaging
California – The assembly passed legislation prohibiting a food facility or a third-party food delivery platform from providing any single-use food accessories unless requested by the consumer.To Access Align's Analysis: Log In or Subscribe
Colorado – Legislation passed the senate prohibiting stores and retail food establishments from providing single-use plastic carryout bags to customers and authorizing stores to provide recycled paper carryout bags to customers at the point of sale for a fee of at least 10 cents per bag.To Access Align's Analysis: Log In or Subscribe
Misc.
Maryland – The governor allowed a bill mandating the separation of food waste from other solid waste to become law without his signature.To Access Align's Analysis: Log In or Subscribe