Articles by Editorial Staff
Articles by Editorial Staff
DOL Announces Proposed Tipped Worker Rule
June 22, 2021
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On June 21st, 2021, the U.S. Department of Labor (DOL) issued a proposed tipped worker rule. In general, the proposed rule instructs when employers must pay specific wages to a tipped worker. Before the new proposed tip worker rule, the DOL issued a tip regulations final rule in April 2021.
Overview of the Proposed Tipped Worker Rule
Specifically, the proposed new rule includes the following:...
New Sexual Orientation and Gender Identity Protection Guidance Released
June 22, 2021
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The Equal Employment Opportunity Commission (EEOC) recently issued sexual orientation and gender identity protection guidance. Published on June 15th, 2021, the fact sheet’s release coincides with the Supreme Court’s decision in Bostock v. Clayton County. In brief, the Supreme Court settled Bostock on June 15th, 2020, prohibiting LGBTQ+- sex discrimination under Title VII.
Contents of the Fact...
Fourth Circuit: Job Creation is Not a Required ADA Accommodation
June 21, 2021
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The U.S. Court of Appeals for the Fourth Circuit issued an opinion on a case involving a required ADA accommodation. Basically, the June 8th, 2021 ruling offers an interpretation of the Americans with Disabilities Act (ADA). Specifically, the ruling says that it is not a required ADA accommodation to create new positions to accommodate disabilities. Previously, the Eleventh Circuit Court of Ap...
UPDATED: New California COVID Workplace Regulations Now in Effect
June 21, 2021
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Originally Posted June 8th, 2021; Last Updated June 21st, 2021
On June 17th, 2021, California’s Occupational Safety and Health Division (Cal/OSHA) announced the approval of final California COVID Workplace Regulations. Afterward, Governor Gavin Newson signed an Executive Order placing the regulations into effect immediately. Known as the ETS, Cal/OSHA created and updated versions of the tem...
Coronavirus Emergency Temporary Standard Issued for Health Care Workers
June 15, 2021
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Due to a Presidential Executive Order, the Occupational Safety and Health Administration (OSHA) has announced a coronavirus emergency temporary standard. Explicitly, the Executive Order (EO) declared that ensuring the health and safety of workers is a national and moral priority. As a result, the January 2021 EO directed OSHA to reduce worker risk of contracting COVID-19 in the workplace. Subse...
OSHA Issues Updated COVID-19 Workplace Guidance
June 15, 2021
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The Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) recently released updated COVID-19 workplace guidance. Issued earlier in January, the safety guidance helped employers implement a coronavirus prevention program and identify workplace exposure risks. Subsequently, on June 10th, 2021, OSHA’s updates focus mainly on unvaccinated workers. Previously, in April 2...
June 15, 2021
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June 15th, 2021: Recent State Regulatory Activity
Our research and regulatory monitoring team frequently tracks labor law developments from all 50 states. The following list of findings from this week’s state legislation research sweep addresses June 2021 regulatory activity in Georgia, Massachusetts, and New Jersey. Most importantly, as new information becomes available, Personnel Concepts will continue to provide regulatory updates to affec...
NLRB Links Bargaining to I-9 Compliance
June 14, 2021
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The National Labor Relations Board (NLRB) recently upheld an Administrative Law Judge’s (ALJ) finding on mandatory bargaining and I-9 compliance. The May NLRB ruling found that an employer wrongly refused to bargain over requiring employees to submit new I-9 forms. The employer also violated the National Labor Relations Act (NLRA) by not discussing the effects of submitting new I-9s. The ruling...
Supreme Court Rules on Computer Fraud Law
June 8, 2021
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On June 3rd, 2021, the U.S. Supreme Court ruled on interpreting the Computer Fraud and Abuse Act (CFAA). Otherwise known as Van Buren v. United States, the court case addressed the improper use of computer-based information. Markedly, this ruling comes nearly a year after the Supreme Court ruled on Title VII provisions prohibiting LGBTQ discrimination.
Background of the Computer Fraud and Abus...
Eleventh Circuit: An Employee’s Mental Health Issues Can Lead to Termination
June 7, 2021
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In May, the Eleventh Circuit Court of Appeals heard a case involving termination and an employee’s mental health issues. Specifically, in Todd v. Fayette County School District, judges agreed with the decision to end a mentally ill teacher’s employment. Likewise, mental health issues have been popping up in other aspects of the government. Earlier, in April, the U.S. Department of Labor selecte...