On December 12, 2024, the Occupational Safety and Health Administration (OSHA) issued a final rule updating its personal protective equipment (PPE) standard for construction workers. The new rule explicitly requires that such equipment fit each employee properly. The rule is scheduled to become effective on January 13, 2025. When it does, it will result in OSHA’s construction industry standard mirroring the standards that already apply to general industry and other specific types of work.… Continue Reading
Christopher T. Cognato
Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation
Posted in COVID, Immigration
Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United States. At the end of July 2023, those flexibility rules will sunset – although businesses will have until the end of August to fully comply. … Continue Reading
Back to School – Remembering the 4 R’s: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two
Part two of our “Back to School” webinar series will take a look at looming issues for employers as they face an uncertain economic forecast while still dealing with novel challenges created by the COVID-19 pandemic. Despite unemployment rates remaining steady, a changing economy has many employers anticipating the need to reduce their workforce and re-thinking workforce management.… Continue Reading
Webinar Recording: Back to School – Remembering the 4 R’s: RIFs, Restructuring, Requests for Accommodations, and Recruitment in Uncertain Times
Posted in ADA, COVID, Events, Labor, Layoffs & Furloughs, Minimum Wage, Remote Work, Unions, Wage & Hour
As COVID lingers and the economy remains uncertain, employers face a host of issues. Recently, a group of Ballard Spahr attorneys hosted part one of a two part webinar series to revisit the basics, as well as novel issues, related to aligning your workforce to your business needs. Many businesses do not have enough workers and are focused on attracting and retaining necessary talent, while others, due to rising costs and stubborn supply chain problems, must consider layoffs and reductions in force.… Continue Reading
USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule, available here, the DOL may assess a penalty of up to $1,100 per violation each time it finds an employer retained employee tips, regardless of whether the violation is repeated or willful. … Continue Reading
Federal District Court Finds Public University Vaccine Mandate Likely Lawful
By Christopher T. Cognato & Jay Zweig on
In a closely-watched case that may be a preview of other court decisions involving COVID-vaccination mandates for students returning to school and employees returning to the workplace, a federal district court has denied a request to enjoin Indiana University’s COVID-19 vaccine policy for students. The policy includes a requirement that students provide documentation proving that they have been vaccinated – a so-called “vaccine passport.”… Continue Reading
Department of Labor Proposes Thirty-Minute Maximum for Tip Credit Wages for Sidework
By Christopher T. Cognato & Jay Zweig on
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer. The public will have until August 23, 2021 to comment on the DOL’s proposed regulations. … Continue Reading
HHS to Enforce Section 1557 of the Affordable Care Act to Prohibit Discrimination Based on Sexual Orientation and Gender Identity
By Christopher T. Cognato on
Employers with employee health plans subject to the Affordable Care Act (ACA) should take note that, earlier this week, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) will begin enforcing Section 1557 of ACA to prohibit discrimination based on sexual orientation and gender identity.… Continue Reading
Eleventh Circuit Overturns Landmark Accessibility Decision in Winn-Dixie, Determines Certain Websites Are Not “Public Accommodations” Covered by Title III of the ADA
On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with Disabilities Act (“ADA”). The decision reversed a 2017 federal district court opinion – in what may be the only website accessibility case to ever go to trial – that required the grocery store chain to make its website accessible to individuals with visual disabilities. … Continue Reading
Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date of several rules the agency published during the Trump Administration. Though for now the move is merely a delay, it sets the stage for the Biden Administration to put its own presumably employee-friendly stamp on regulations concerning tipped workers’ wages and the practice of tip pooling in the near future.… Continue Reading