What the American Rescue Plan Means for Employers

The American Rescue Plan (ARP) provides $1.9 trillion dollars in economic stimulus for individuals, certain companies, and municipalities. This blog focuses specifically on what the ARP means for employers. First Coronavirus Response Act (FFCRA) As of January 1, 2021, employers who were originally covered under the FFCRA (employers with fewer than 500 employees) were no …

No Shoes, No Shirt, No Mask, No Service

On March 2, 2021, Texas Governor Greg Abbott issued Executive Order (GA-34), which went into effect on March 10, 2021, lifting the mask mandate in Texas and increasing capacity of all businesses and facilities to 100%. When Governor Abbott made this announcement, nearly 5.7 million COVID-19 vaccination shots had been administered throughout Texas. Despite Governor …

New OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

In response to President Biden’s Executive Order requiring action to protect workers amid the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) released a comprehensive new guidance document for employers, titled: Protecting Workers: Guidance on Mitigation and Preventing the Spread of COVID-19 in the Workplace. Although much of the guidance document focuses on safety …

Water Treatment Giant Puts Former Employee in Hot Water For Allegedly Stealing Trade Secrets

Water treatment giant Ecolab Inc. sued its former marketing manager, Preston Alexander, and his new company, One Degree Medical, alleging Alexander stole trade secrets to set up a competing business in violation of his employment agreement and state and federal trade secrets laws. In this case, both Ecolab and Alexander’s new company sell systems for …

Ohio’s Employment Law Just Got a Huge Employer-Friendly Facelift

Ohio Governor Mike DeWine has signed the employer-friendly Employment Law Uniformity Act (HB 352) (the Act) into law. The law, which will go into effect on April 12, 2021, will apply to all future discrimination claims filed on or after that date.  It will align Ohio’s discrimination law with the federal standards and other state …

U.S. Department of Labor Issues New Independent Contractor Rules For March 8, 2021; Will It Take Effect?

Employers are routinely challenged in navigating the U.S. Department of Labor’s (DOL) test to determine independent contractor status of workers under the federal wage and hour laws. Employers regularly retain workers as independent contractors to whom employers are not obligated to pay overtime or minimum wage. As such, those employers would benefit from a clear …

The DOL’s Updated Guidance on the Expired FFCRA—It Will Still Enforce Pre-December 31, 2020 FFCRA Violations

As relayed in our late December piece titled: “It’s Official, the FFCRA Expires This Year. Tax Credits Available to Employers that Voluntarily Provide Paid Leave for COVID-19 Absences,” mandated FFCRA paid leave expired on December 31, 2020; however, per the federal government’s new stimulus bill (The Consolidated Appropriations Act, 2021 referred as the “Act”), as …

Minimum Wage Set to Rise in 25 States and D.C. in 2021

As the New Year approaches, employers throughout the United States must prepare for new legislation taking effect that may impact their operations.  One critical change that commonly occurs around the New Year is an increase to the minimum wage in certain jurisdictions.  On January 1, 2021 (or December 31, 2020), the minimum wage will rise …

It’s Official, the FFCRA Expires this Year. Tax Credits Available to Employers That Voluntarily Provide Paid Leave for COVID-19 Absences

There were rumors that with the new stimulus deal that Congress would extend FFCRA leave, but that turned out to be fake news. Upon reviewing House Speaker Pelosi’s press release discussing the stimulus deal it became clear that no, the FFCRA would not be extended to provide employees guaranteed paid leave benefits for COVID-19 qualifying …

EEOC Confirms Employers Can Mandate Employees Have the COVID-19 Vaccine…With Restrictions

With the roll-out of the COVID-19 vaccine for mass consumption, we hypothesized in our piece titled “Can Employers Make Employees Get the COVID-19 Vaccine,” that employers would be able to require employees to get the vaccine subject to limited restrictions. We further noted that our guess was based on the Equal Opportunity Employment Commission’s (EEOC) …