Posted on January 25, 2022

Though Withdrawn As An Enforceable Emergency Standard, the OSHA ETS Remains As A Proposed Rule

On Jan. 25, 2022, OSHA provided notice that it is withdrawing its COVID-19 vaccination and weekly testing emergency temporary standard (ETS). The withdrawal will be effective once the notice is published in the Federal Register. The expected publication date is Jan. 26, 2022. 

The ETS was adopted to protect unvaccinated employees working for employers with 100 or more employees from the risk of contracting COVID-19. This ETS required employers to adopt either a mandatory vaccination policy or a weekly testing and face-covering policy for all employees. When the ETS was published, OSHA also stated it was using the ETS as a proposed rule. OSHA is required by federal law to publish and accept public commentary on proposed rules before promulgating a new permanent occupational safety and health standard.

OSHA’s Withdrawal

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) stayed the vaccination and testing ETS. Because of this ruling, OSHA is withdrawing the ETS as an enforceable ETS. However, the agency is not withdrawing the ETS as a proposed permanent rule, and the standard rule-making process will continue.

Impact on State Plans and Employers

States with OSHA-approved plans must implement and enforce workplace standards that are at least as effective as federal standards. However, since there are no new federal vaccination or testing requirements at this time, state plans are not required to take any action.

Similarly, employers are not required to comply with OSHA’s ETS at this time. However, employers are still expected to provide a safe and healthy workplace for their employees and follow other existing OSHA COVID-19 guidance. Employers should also monitor OSHA communications for information about the possible permanent standard.

© 2022 HR 360, Inc.

Posted on January 17, 2022

Federal Contractors Can Use New Guidance To Understand and Implement EO 14026

On Jan. 13, 2022, the U.S. Department of Labor (DOL) published Field Assistance Bulletin (FAB) 2022-1 to help federal contractors understand and implement a $15 minimum wage rate for their employees by Jan. 30, 2022, as required by Executive Order (EO) 14026.

Federal Contractor Employee Minimum Wage

Existing law requires federal contractors to pay at least the established minimum wage rate to workers performing work on or in connection with certain covered federal contracts for construction or services. EO 13658 authorized the DOL to adjust the applicable minimum wage rate annually based on inflation. The Jan. 1, 2022, EO 13658 minimum wage rate is $11.25 ($7.90 for tipped workers).

Increase to $15 per hour

EO 14026 raises the hourly minimum wage for workers performing work on or in connection with certain covered federal contracts for construction or services. EO 14026 establishes an initial minimum wage of $15 ($10.50 for tipped workers) as of Jan. 30, 2022. This rate will also be adjusted annually based on inflation. EO 14026 shares many similarities with EO 13658 but has some key differences relating to coverage and applicability. The DOL has published a final rule to implement the provisions of EO 14026.

FAB 2022-1

Federal contractors can use FAB 2022-1 to learn more about who is covered by EO 14026 and the $15 minimum wage as well as employee notice, recordkeeping and antiretaliation requirements. © 2022 HR 360, Inc.

Posted on January 14, 2022

CMS Likely Will Resume Enforcement of the Emergency Rule 

On Jan. 13, 2022, the U.S. Supreme Court dissolved the temporary injunctions blocking enforcement of the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers. As a result, the emergency rule will now be reinstated and can be enforced as written.

COVID-19 Vaccination Requirement

The CMS rule applies to Medicare and Medicaid-certified provider and supplier types that are regulated under the Medicare health and safety standards, including hospitals, clinics and long-term care facilities.

Facilities affected by this rule must establish a policy ensuring that all eligible staff are vaccinated against COVID-19. Under the rule’s planned timeline, staff members had to receive the first dose of a two-dose COVID-19 vaccine or a one-dose COVID-19 vaccine prior to providing any care, treatment or other services by Dec. 6, 2021, and the necessary shots to be fully vaccinated—either two doses of Pfizer or Moderna or one dose of Johnson & Johnson—by Jan. 4, 2022.

The regulation provides for exemptions based on recognized medical conditions or religious beliefs. However, there is no weekly testing exception for unvaccinated workers.

Impact on Employers

CMS had previously indicated that it would not enforce the emergency rule while the injunctions prohibited enforcement. In light of the Supreme Court’s ruling, it is likely that CMS will resume enforcement of the vaccination emergency rule. As a result, affected health care facilities that have not already implemented a vaccination policy should establish a policy requiring staff to be COVID-19 vaccinated as soon as possible. In addition, affected health care facilities should implement procedures to determine and document workers’ vaccination status. © 2022 HR 360, Inc.

Posted on January 14, 2022

Employers Are Not Required to Comply with the Vaccination or Testing Mandate At This Time

On Jan. 13, 2022, the Supreme Court of the United States (SCOTUS) ruled to stay the Occupational Safety and Health Administration’s (OSHA) vaccination and testing emergency temporary standard (ETS). The ETS was developed to establish a mandatory vaccination policy requirement for private employers with 100 or more employees.  

ETS Litigation

The ETS went into effect on and has been in litigation since Nov. 5, 2021. It was blocked by the 5th U.S. Circuit Court of Appeals early on but was reinstated by the 6th Circuit on Dec. 17, 2021.

SCOTUS Reasoning

In its published decision, SCOTUS stated that OSHA was not given the power to regulate public health more broadly than occupational dangers. In addition, SCOTUS explained that challenges to the ETS were likely to succeed on the merits because the agency lacks the authority to impose the mandate. Specifically, the OSH Act only allows the agency to set workplace safety standards, not broad public health measures.

Finally, the court argues that the requirement that employees either become vaccinated or undergo weekly testing is not an exercise of federal power. Instead, SCOTUS stated the ETS represents a “significant encroachment into the lives—and health—of a vast number of employees.”

Impact on Employers 

Given this new stay, employers are not required to comply with the OSHA ETS vaccination and testing mandate at this time. However, because the case has been sent back to the 6th Circuit, employers will need to continue monitoring legal developments to learn about a final decision on the ETS. © 2022 HR 360, Inc.

Posted on January 10, 2022

Coverage of OCT COVID-19 Test To Be Covered Without Health Care Provided Involvement

On Jan. 10, 2022, the Depts. of Labor, Health and Human Services (HHS), and the Treasury issued FAQ guidance regarding the requirements for group health plans and health insurance issuers to cover over-the-counter (OTC) COVID-19 diagnostic tests.

Legal Requirements

Plans and issuers must cover the costs of COVID-19 tests during the COVID-19 public health emergency without imposing any cost-sharing requirements, prior authorization, or other medical management requirements.

Under guidance issued in June 2020, at-home COVID-19 tests had to be covered only if they were ordered by a health care provider who determined that the test was medically appropriate for the individual. At that time, the FDA had not yet authorized any at-home COVID-19 diagnostic tests. Since then, several types of OTC at-home tests have been approved.

As of Jan. 15, 2022, the cost of these tests must be covered, even if they are obtained without the involvement of a health care provider. However, the FAQs do not require tests to be covered if they are not for individualized diagnosis (such as tests for employment purposes). 

Plan Options

Plans and insurance issuers may place some limits on coverage, such as: 

• Requiring individuals to purchase a test and submit a claim for reimbursement, rather than providing direct coverage to sellers.
• Providing direct coverage though pharmacy networks or direct-to-consumer shipping programs and limiting reimbursements to other sources (the actual cost of the test, or $12, whichever is lower).
• Setting limits on the number or frequency of OTC COVID-19 tests that are covered (no less than 8 tests per month or 30-day period).
• Taking steps to prevent, detect and address fraud and abuse.

 

© 2022 HR 360, Inc.

Posted on December 30, 2021

Asymptomatic Individuals Must Now Isolate For Five Days  

On Monday, Dec. 27, 2021, the Centers for Disease Control and Prevention (CDC) reduced its recommended periods for COVID-19 isolation (confirmed COVID-19 infection) and quarantine (potential COVID-19 exposure). 

Asymptomatic individuals infected with COVID-19 have been told to isolate for five days from the day they test positive—down from the original 10. After, they should wear a mask when around others for an additional five days. 

The CDC’s new quarantine guidance was similarly updated. People who are unvaccinated or are more than six months out from their second vaccine dose (or more than two months after getting the Johnson & Johnson vaccine) and not yet boosted should avoid others for five days after COVID-19 exposure. Then, they should diligently wear a mask for an additional five days afterward.  

Notably, the CDC said those who have received COVID-19 booster shots don’t need to quarantine, but they should wear a mask around others for at least 10 days after potential exposure. 

In all cases of isolation and exposure, the CDC said it’s best to take a COVID-19 test as well. 

What’s Next?

The CDC has shortened its quarantine and isolation timetables as health experts learn more about COVID-19 and its strains, such as the coronavirus Omicron variant. The agency’s decision was “motivated by science demonstrating that the majority of COVID-19 transmission occurs early in the course of illness, generally in the 1-2 days prior to onset of symptoms and the 2-3 days after.” 

However, shortened isolation and quarantine times doesn’t mean the risk of COVID-19 is going away or that prevention measures should be relaxed. 

In its release, the CDC urged all eligible Americans to get vaccinated and boosted if they haven’t been already. 

Individuals interested in learning more about official COVID-19 guidance should visit the CDC website.   

© 2022 HR 360, Inc.

Posted on December 29, 2021

Final Version Unchanged From Proposed Regulations

The New York State Department of Labor has adopted final regulations for the state’s paid sick leave law. The regulations are unchanged from the Dec. 9, 2020, proposed regulations and cover the topics of definitions, documentation, employee count and accruals. Key provisions are highlighted below.

Definitions
The regulations include definitions for the terms "confidential information," "domestic partner," "net income" and "preventative medical care," among others.

Documentation
Under the regulations, employers are permitted to request documentation for leave of three or more consecutive workdays or shifts, in the form of:

• An attestation from a licensed medical provider supporting the need for sick leave, the amount of leave needed, and a date that the employee may return to work; or
• An attestation from an employee of their eligibility for leave.

Employers may not ask the reason for leave, except as required by law.

Employee Counts
An employer’s number of employees is the highest number of employees employed at any point during the calendar year. A reduction in the number of employees does not reduce employee leave entitlements until the following calendar year. The regulations provide leave accrual rules for cases where employers increase their number of employees.

Accruals
Employers may round to the nearest five minutes or tenth or quarter of an hour when calculating accruals for time worked in increments of less than 30 hours.

© 2022 HR 360, Inc.

Posted on December 28, 2021

Requirement Is Retroactive to Nov. 2

New York City has enacted a law requiring employers to provide paid leave for employees to accompany their children to COVID-19 vaccination appointments and care for them during vaccine recovery. The law was enacted Dec. 24, 2021, and is retroactive to Nov. 2, 2021. It expires Dec. 31, 2022.

Leave Requirement
The new law amends the city’s Earned Safe and Sick Time Act by requiring employers to provide all employees with paid child COVID-19 vaccination time. Employees are eligible for the leave if they are parents of a child under the age of 18 (or an older child, if the older child is incapable of self-care because of a mental or physical disability). The amount of leave required is four hours per injection for each child, to:

• Accompany the child to receive a COVID-19 vaccine injection; or
• Care for the child during any temporary vaccine side effects.

Employees must be paid at their regular rate and no later than the payday for the pay period following the leave. Employees’ use of child vaccination leave may not be charged against their accrual or use of leave under the Earned Safe and Sick Time Act.

Employers may require reasonable notice of leave (up to seven days if foreseeable) and documentation of a child’s vaccination within seven days.

Retroactivity
The child vaccination time requirement is retroactive to Nov. 2, 2021, meaning employers must pay employees who used leave time for the purposes allowed by the law between Nov. 2 and Dec. 24, 2021. The payment must be made by the payday for the next pay period after Dec. 24.

 

© 2022 HR 360, Inc.

Posted on December 24, 2021

OSHA Will Delay Enforcement Until January 10

On Dec. 22, 2021, the U.S. Supreme Court announced that it will hear oral arguments regarding whether two federal vaccine requirements can be enforced while legal appeals are in process. On Jan. 7, 2022, the Court will consider requests on the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19 and the Centers for Medicare & Medicaid Services (CMS) emergency rule requiring COVID-19 vaccination of certain health care workers.

OSHA ETS

The ETS establishes a vaccine-or-test requirement for private employers with 100 or more employees. These employers must require employees to be fully vaccinated against COVID-19 or be tested on a weekly basis and wear face coverings at work. 

OSHA issued the ETS on Nov. 5, 2021. It was later blocked nationwide by a federal appeals court and then reinstated by another court. Groups challenging the rule have asked the Supreme Court to stay the reinstatement while they appeal the ruling. OSHA plans to delay enforcement of the ETS until at least Jan. 10, 2022.

CMS Rule for Health Care Workers

The CMS rule requires Medicare- and Medicaid-certified providers and suppliers to establish a policy requiring covered staff members to be vaccinated against COVID-19 unless they are eligible for an exemption based on recognized medical conditions or religious beliefs. 

Multiple federal court rulings have resulted in the CMS rule being blocked in a number of states. While CMS has indicated that it will not enforce the rule for now due to pending litigation, the Supreme Court will consider whether the lower court rulings should remain in place during the appeals process.

© 2022 HR 360, Inc.

Posted on December 19, 2021

The Reinstatement Allows OSHA To Implement And Enforce Compliance With The ETS Nationwide 

On Friday Dec. 17, 2021 the 6th Circuit Federal Court of Appeals reinstated the Occupational Safety and Health Administration’s (OSHA) federal emergency temporary standard (ETS) for COVID-19. The 6th Circuit court decision reverses the stay ordered in November by the 5th Circuit and allows OSHA to resume ETS implementation and enforcement nationwide.

The ETS establishes a mandatory vaccination policy requirement for private employers with 100 or more employees. ETS opponents have already filed an appeal with the U.S. Supreme Court challenging the 6th Circuit’s decision.

OSHA Response and Guidance

OSHA has published the following guidance regarding the reinstatement:

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.

Impact on Employers

The 6th Circuit’s decision suggests that the ETS may survive its legal challenges. Employers subject to the ETS should monitor legal developments closely. They should also consider what measures they would need to adopt if the  Supreme Court upholds the ETS and to be considered to have made reasonable, good faith efforts to comply with the ETS.

© 2022 HR 360, Inc.

Posted on December 17, 2021

Business Mileage, Medical and Moving Rates Increase

On Dec. 17, 2021, the IRS  announced the 2022 optional standard mileage rates, which are used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on January 1, 2022, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 58.5 cents per mile driven for business use, up 2.5 cents from the rate for 2021;
• 18 cents per mile driven for medical purposes, or moving purposes for qualified active duty members of the Armed Forces, up two cents from the rate for 2021; and
• 14 cents per mile driven in service of charitable organizations. This rate is set by statute and remains unchanged from 2021.

Under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized deduction for unreimbursed employee travel expenses. Taxpayers also cannot claim a deduction for moving expenses, unless they are members of the Armed Forces on active duty moving under orders to a permanent change of station.

© 2022 HR 360, Inc.

Posted on December 03, 2021

New Rate Becomes Effective Jan. 1, 2022

On Dec. 2, 2021, Michigan’s Department of Labor and Economic Opportunity (LEO) announced the state’s minimum wage rate will increase to $9.87 per hour ($3.75 for tipped employees) on Jan. 1, 2022.

Scheduled Increases and 2021 Delay

In 2018, Public Act No. 368 amended Michigan’s Improved Workforce Opportunity Wage Act (IWOWA) and dictated gradual annual minimum wage increases until the state’s minimum wage rate reaches $12.05.

However, state law prohibits scheduled increases when the state’s annual average unemployment rate for the preceding calendar year is above 8.5%. In 2020, Michigan’s unemployment rate exceeded the 8.5% threshold, resulting in a delay of the increase scheduled for 2021.

Posting Requirement

Michigan law requires employers to post and maintain updated information regarding the state’s minimum wage rate and wage payment laws. Employers can use the model poster provided by LEO to satisfy this requirement.

Impact on Employers

Michigan’s minimum wage rate applies to most employers, including child care providers and domestic service employees who provide companionship services for persons who are unable to care for themselves because of age or infirmity.

Affected employers can use the Dec. 2 announcement to adjust their payroll policies and procedures to comply with the new state minimum wage rate by Jan. 1, 2022.

© 2022 HR 360, Inc.

Posted on December 01, 2021

The Preliminary Injunction Applies Only To Kentucky, Ohio And Tennessee

On Nov. 30, 2021, a federal judge issued a preliminary injunction effectively blocking the implementation and enforcement of President Biden’s COVID-19 vaccine mandate for federal government contractors and subcontractors.

Federal Contractor Vaccination Mandate

On Nov. 10, 2021, the Biden administration updated its guidance for the Safer Federal Workforce Task Force, clarifying that federal contractor employees must be fully vaccinated by Jan. 18, 2022.

This update was released in conjunction with the Occupational Safety and Health Administration (OSHA) vaccine mandate for private employers and the Centers for Medicare & Medicaid Services (CMS)  vaccine mandate for health care workers, both of which have also since been blocked in federal court.

Preliminary Injunction

The injunction is effective immediately, but applies only to Kentucky, Ohio and Tennessee.

The order specifically states that the case in question is not about whether the government can require citizens to obtain vaccines. Rather, the court’s opinion is that the Biden administration likely exceeded its authority to manage the federal procurement of goods and services when it imposed the vaccination requirement on federal contractors and subcontractor employees.

Impact on Employers

The injunction impacts federal contractors and subcontractors in Kentucky, Ohio and Tennessee only. Federal contractors in other jurisdictions must continue their preparations to comply with the mandate. Federal contractors in all jurisdictions are urged to continue monitoring this development in case similar action is taken in additional jurisdictions.

© 2022 HR 360, Inc.

Posted on November 30, 2021

New Rules Become Effective Jan. 1, 2022

On Nov. 10, 2021, Colorado adopted a series of regulations, including Colorado’s Overtime and Minimum Pay Standards (COMPS) Order 38, that update and strengthen wage protections for employees. Among other things, these rules increase the state minimum wage, create an overtime exemption for highly compensated employees and set thresholds for some overtime exemptions.

In addition, a new final rule implementing the state’s Wage Protection Act clarifies that employers must pay their employees all earned vacation pay upon separation from employment. Under the rule employers are allowed to determine when and how vacation pay is earned.

Minimum Wage

Beginning Jan. 1, 2022, Colorado’s Pay Calc Order sets the state minimum wage rate at $12.56 per hour. The new law also sets a $9.54 hourly rate for tipped employees ($3.02 below the state minimum wage rate) and $10.68 for nonemancipated minors (85% of the state minimum wage rate). These rates will be adjusted annually based on Colorado’s Consumer Price Index.

Pay Levels and Overtime Thresholds

COMPS 38 and Pay Calc set the following pay levels and salary thresholds:

• $515 per week pay level for agricultural range workers;
• $865.38 per week threshold for the executive, administrative and professional (EAP) overtime exemption;
• $101,250 annually and the EAP weekly salary as the threshold for the highly technical computer employee exemption;
• $690.80 per week pay level for drivers and their helpers; and
• $327.52 per week pay level for certain camp or outdoor education field staff (different rates apply for minors and nonprofit employees).

© 2022 HR 360, Inc.

Posted on November 24, 2021

DCFMLA Extension Retroactive to Nov. 5

Washington, D.C., has enacted the COVID Vaccination Leave Emergency Amendment Act of 2021 (Act), providing paid time off for COVID-19 vaccinations and extending and updating unpaid leave for COVID-19-related purposes under the District of Columbia Family and Medical Leave Act (DCFMLA). The Act took effect Nov. 18, 2021, and as an emergency law, remains in effect for 90 days, until Feb. 16, 2022. The D.C. Council is expected to pass temporary and permanent legislation to continue the leave requirements when the emergency law expires.

Leave for COVID-19 Vaccination and Recovery
The Act adds COVID-19 vaccination and vaccination recovery to the permitted reasons for paid employee leave under the D.C. Accrued Sick and Safe Leave Act. Specifically, employers must provide up to two hours of paid vaccination leave per injection (including booster shots) for employees who have been employed for at least 15 days, and their children.
 
In addition, employers must allow up to eight hours of paid vaccination recovery leave per injection during the 24-hour period following the two-hour vaccination leave period. The recovery leave applies when employees are precluded from working by their or their child’s recovery from side effects of vaccination (including booster shots).

Employees are limited to 48 hours of vaccination and vaccination recovery leave per year.

DCFMLA Amendments
The Act extends previous amendments to the DCFMLA that allowed unpaid employee leave for specific COVID-19-related purposes, and it adds an employer’s directive to isolate as an allowed purpose. The Act makes the extensions retroactive to Nov. 5, 2021, the expiration date of the provisions it extends. Employees may not use more than 16 weeks of the DCFMLA COVID-19 leave during the two-year period beginning Nov. 18, 2021.

© 2022 HR 360, Inc.

Posted on November 23, 2021

Federal Contractors Will Need To Determine Which Set Of Rules Applies Based On Their Contract Date 

On Nov. 22, 2021, The U.S. Department of Labor (DOL) announced a new rule that will increase the minimum wage rate for federal contractor employees. The new rule implements Executive Order 14026 and increases the minimum wage for individuals performing work on or in connection with federal contracts to $15 per hour on Jan. 30, 2022. The rule also allows the DOL to adjust this minimum wage rate beginning Jan. 1, 2023, and creates standards and procedures to implement and enforce minimum wage protections created by the executive order.

Complying With Two Executive Orders

Currently, two executive orders regulate minimum wage rate increases for federal contractor employees: Order 13658 and Order 14026. The DOL has published a comparison chart of these two orders. 

• Order 13658 increases the minimum wage rate to $11.25 per hour on Jan. 1, 2022 ($7.90 for tipped employees). Order 13658 applies to contracts awarded on or between Jan. 1, 2015, and Jan. 29, 2022, that are neither renewed nor extended on or after Jan. 30, 2022.
• Order 14026 increases the minimum wage rate to $15 per hour on Jan. 30, 2022 ($10.50 for tipped employees). This order applies to contracts entered into on or after Jan. 30, 2022, and contracts renewed or extended on or after Jan. 30, 2022. 

Impact on Employers

The timing for entering into, renewing or extending work under a federal contract determines which minimum wage rate will apply to federal contractor employees working on or in connection with that federal contract. As a result, federal contractors will need to determine and become familiar with the set of rules that apply based on their federal contract date.

© 2022 HR 360, Inc.

Posted on November 19, 2021

Penalty Amounts for SBC, MSP and HIPAA Violations Issued

Effective Nov. 15, 2021, the U.S. Department of Health and Human Services (HHS) has increased the following key penalties affecting group health plans:

• Summary of Benefits and Coverage (SBC): Failure to provide group health plan participants and beneficiaries with an SBC may now result in a penalty of up to $1,190 per participant or beneficiary.
• Medicare Secondary Payer (MSP): Violating the prohibition of offering Medicare beneficiaries financial or other benefits as incentives not to enroll in or to terminate enrollment in a group health plan that would otherwise be primary to Medicare will now trigger penalties of up to $9,753.
• HIPAA privacy and security rules: Penalties for a covered entity or business associate violating Health Insurance Portability and Accountability Act’s (HIPAA) privacy and security rules will depend on the type of violation involved. Penalties are broken down into tiers that reflect increasing levels of knowledge about the violation. Each tier carries a minimum and maximum penalty with an annual cap, all of which have increased as follows:
  • Tier one: Minimum penalty $120, maximum penalty $60,226, annual cap $1,806,757
  • Tier two: Minimum penalty $1,205, maximum penalty $60,226, annual cap $1,806,757
  • Tier three: Minimum penalty $12,045, maximum penalty $60,226, annual cap $1,806,757
  • Tier four: Minimum penalty $60,226, maximum penalty and annual cap $1,806,757

Employers should become familiar with the new penalty amounts and review their benefit plan administration protocols to ensure full compliance.

© 2022 HR 360, Inc.

Posted on November 18, 2021

According To The Federal Agencies, Retaliation Claims Have Risen Each Year For The Last 20 Years

On Nov. 10, 2021, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB) and the U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to protect workers against retaliation. The initiative began Nov. 17, 2021.

These agencies view worker retaliation as a “persistent and urgent problem” in the workplace and indicate that retaliation cases have increased each year over the last 20 years.

Virtual Employer Dialogue

The three agencies will cooperate to enforce federal laws that protect workers who raise their concerns or speak out about their pay, workplace health and safety issues, discrimination or other working conditions. The agencies’ concerted efforts will focus on:

• Educating the public about worker rights and unlawful retaliation;
• Initiating a virtual dialogue with employers, trade and business associations, labor organizations and civil rights groups about the importance of employee anti-retaliation protections; and
• Forcefully protecting workers from retaliatory acts.

Impact on Employers

While this announcement does not create any new employer obligations, it provides an opportunity for employers to review their anti-retaliation workplace policies and procedures. In addition, employers should monitor future communications from these agencies to learn more about the agencies’ focus and priorities for this joint initiative.

© 2022 HR 360, Inc.

Posted on November 18, 2021

Van Pool, Transit Pass and Parking Amounts up by $10

The IRS has released Revenue Procedure 2021-45, which includes cost-of-living adjustments for employee qualified transportation fringe benefits for the 2022 taxable year, along with annually adjusted numbers for 2022 for other tax provisions. The combined monthly limit for transportation in a commuter highway vehicle and a transit pass will increase to $280 in 2022, up from the 2021 limit of $270. The monthly limit in 2022 for qualified parking will also increase to $280 from $270.

Internal Revenue Code Section 132(f) allows employers to offer qualified transportation benefit programs to their employees on a tax-free basis. Under these programs, employees can choose to have money withheld from their taxable compensation to pay or reimburse work-related expenses for qualified parking, transit passes and transportation in certain commuter highway vehicles (e.g., qualifying van pools). Employers may also provide these benefits tax-free to employees. Employers are not allowed a deduction for providing the benefits.

Section 132(f) establishes a maximum monthly amount of qualified transportation benefits employees may exclude from their income, subject to cost-of-living adjustments announced by the IRS before the beginning of each calendar year. Both employee pre-tax salary deferrals and employer-paid benefits, if any, count toward the maximum amount.

© 2022 HR 360, Inc.

Posted on November 10, 2021

State Guidance Provides Clarification

The New York Department of Labor has issued guidance clarifying that the state law requiring paid employee leave for COVID-19 vaccination includes leave for booster shots.

Paid Leave for COVID-19 Vaccination
In March 2021, New York passed a law granting employees up to four hours of paid leave per injection to become vaccinated against COVID-19.

State DOL Guidance
The state Department of Labor has issued frequently asked questions on the vaccination leave law, one of which addresses booster shots. This FAQ states that the law applies to any COVID-19 vaccination received by an employee, including booster shots.

© 2022 HR 360, Inc.