DOL Issues New York HERO Act Workplace Safety Proposed Rule, Including Workplace Safety Committee Requirements

On December 22, 2021, the New York State Department of Labor (NY DOL) issued the long-awaited proposed rule (Proposed Rule) regarding the workplace safety committees that are required by the New York HERO Act (HERO Act). While there is no current effective date for the Proposed Rule (which is first subject to a public comment period and a February 9, 2022 hearing), employers should become familiar with, and consider taking actions to timely comply with the Proposed Rule should it be adopted as currently drafted.

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ILN Today Post

CMS reinstates vaccine mandate rule for healthcare workers in 25 states

Employers continue to find themselves in the crosshairs of the vaccine mandates enforcement battle. The most recent salvo involves the December 28, 2021, decision by the Centers for Medicare & Medicaid Services (CMS) to enforce its vaccine mandate for healthcare workers at covered entities in 25 states – while that same mandate remains stayed in 25 other states.  Read more…

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Massachusetts Supreme Judicial Court Rejects “ABC Test” for Determining Joint Employment under Minimum Fair Wage Law

Over the past few years, lower courts in Massachusetts have grappled with determining whether the “ABC test” under the independent-contractor statute provides the proper framework for assessing joint-employment liability. The Supreme Judicial Court (SJC) has finally answered that question.  On December 13, 2021, in Jinks v. Credico (USA) LLC, the SJC held that the independent-contractor statute’s “ABC test” does not apply and instead adopted the Fair Labor Standards Act’s (FLSA) “totality of the circumstances” approach to joint employment.

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CMS Reverses Position and Will Begin Enforcement of Health Care Staff Vaccine Requirement

Reversing its prior position, CMS announced on December 28, 2021, that it would begin enforcement of the COVID-19 vaccine requirement, established by the interim final rule, published November 05, 2021, in 25 states and the District of Columbia[1] in a phased approach beginning January 27, 2022. With the announcement CMS issued guidance for surveyors regarding enforcement in S&C Memo QSO 22-07-ALL (“Memo”), describing how CMS will enforce the rule and how facilities that are non-compliant may avoid enforcement action if meeting certain threshold criteria during periods up to 90 days after issuance of the Memo as follows:

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Time Is Money: A Quick Wage-Hour Tip on … Did You Remember to Make Necessary Changes to Comply with New 2022 State and Local Wage-Hour Laws?

December is not the shortest month of the year, but it always seems to go by the fastest.

And with holidays and vacations, not to mention employees working remotely, it’s not unusual for matters to be put off until the new year — or for a project or two to fall through the cracks.

Often times, there are no real consequences if a project gets pushed off into the new year.

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Cap on Intermittent New York Paid Family Leave Eliminated Effective January 1, 2022

Earlier this year, the New York State Workers’ Compensation Board adopted amendments to the regulations for the New York Paid Family Leave Benefits Law clarifying that when Paid Family Leave (PFL) is taken intermittently, the maximum number of intermittent leave days an employee may take is based on the average number of days the employee works per week.

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CDC Shortens Recommended COVID-19 Isolation and Quarantine Periods

On December 27, 2021, the Centers for Disease Control and Prevention (CDC) announced an update to its isolation and quarantine guidance. Although the CDC’s update shortens both the isolation and quarantine periods, as described more fully below, the changes largely affect only asymptomatic individuals. Moreover, because local guidance may differ from the CDC’s recommendations, employers should keep in mind all applicable state and local requirements when deciding whether to amend their own rules.

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New York Adopts Rules Clarifying Sick Leave Law

On December 22, 2021, the New York Department of Labor (“DOL”) adopted rules (“Rules”) implementing the state’s sick leave law (NY Labor Law §196-b, or the “Sick Leave Law”), providing long-awaited clarification of the Sick Leave Law, which went into effect over a year ago on September 30, 2020. The Rules, codified as Section 196 to Title 12 of the NYCRR, were proposed on December 9, 2020, and adopted without change. In addition to providing definitions of terms used in the Sick Leave Law, the Rules address three topics: (i) documentation an employer may require to verify an employee’s eligibility to use sick leave; (ii) how to count the number of employees an employer has for the purposes of determining employees’ sick leave entitlement; and (iii) how to calculate an employee’s accrual of sick leave. In addition, the DOL’s response to public comments it received after the Rule was proposed, explain how carryover of accrued unused sick leave works.

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Rare Hearing by the Supreme Court as to Stays in Vaccine Mandate Cases

On the evening of Wednesday, December 22, 2021, the Supreme Court of the United States announced that it will hold a special session on January 7, 2022, to hear oral argument in cases concerning whether two Biden administration vaccine mandates should be stayed. One is an interim final rule promulgated by the Centers for Medicare and Medicaid Services (“CMS”); the other is an Emergency Temporary Standard (“ETS”) issued by the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”). The CMS interim final rulepresently stayed in 24 states, would require COVID-19 vaccination for staff employed at Medicare and Medicaid certified providers and suppliers. The OSHA ETS, which requires businesses with 100 or more employees to ensure that workers are vaccinated against the coronavirus or otherwise to undergo weekly COVID-19 testing, was allowed to take effect when a divided panel of the United States Court of Appeals for the Sixth Circuit, to which the consolidated challenges had been assigned by the Judicial Panel on Multidistrict Litigation issued a ruling, on December 17, 2021, lifting a stay that had been previously entered by the Fifth Circuit. Multiple private sector litigants and states immediately challenged the decision.

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ILN Today Post

E-LEGAL® NEWSLETTER – NOVEMBER 2021

I. EDITORIAL – AMENDMENT TO THE JUDICIAL SYSTEM ORGANIZATION LAW; ALTERATION TO THE REGIME APPLICABLE TO THE ORGANIZATION AND FUNCTIONING OF THE JUDICIAL COURTS

In terms of legislation, November was characterised by the approval and publication of Law no. 77/2021 of November 23, which amended the Law on the Organisation of the Judicial System and Decree-Law no. 49/2014 of March 27, which establishes the system applicable to the organisation and functioning of the judicial courts. Read more…

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