Compliance Corner

Boston has announced that certain employers will be required to verify employees are fully vaccinated against COVID-19. Covered employers must check proof of vaccination and post a notice about the COVID-19 vaccine requirement.

The proposed regulation, if finalized, would generally be effective beginning in 2022, but the IRS stated that entities may rely on the regulations now for the 2021 reporting submissions.

The U.S. Department of Labor (DOL) has issued a final rule establishing limits on the amount of time tipped employees can spend performing work that isn’t “tip-producing work” and still be paid at the reduced cash wage for tipped employees under the Fair Labor Standards Act (FLSA). The final rule becomes effective on December 28, 2021.

The Centers for Medicare & Medicaid Services (CMS) has announced that it won’t enforce an emergency rule regarding vaccination of healthcare workers while there are injunctions in place that block the implementation of it.

West Hollywood, California has enacted an ordinance that requires employers to provide paid and unpaid leave benefits. Leave benefits become effective on January 1, 2022 for “hotel workers.” The effective date for all other employers is July 1, 2022.

Update: Allegheny County has posted its paid sick leave ordinance, notice, guidelines and FAQs to its website. Although the Ordinance required employers’ notice obligations to begin immediately once the law was approved, and for the other provisions of the ordinance to take effect 90 calendar days after the notice was posted, the County has changed the effective date of all parts of the ordinance to be December 15, 2021.

New York has enacted legislation (Senate Bill 2928A) that expands the definition of “family member” under the New York Paid Family Leave (PFL) law to include siblings. The expanded definition takes effect on January 1, 2023.

New York City has amended its Earned Safe and Sick Time Act (Int. 2448-2021) to allow employees to use paid sick time for COVID-19 child vaccinations. The amendments are retroactive to November 2, 2021, and are set to expire on December 31, 2022.

New York City has enacted an Order that establishes worker COVID-19 vaccination requirements, creates recordkeeping obligations, and includes a posting requirement. The Order took effect on December 27, 2021.

Howard County, MD has enacted an ordinance that establishes a minimum wage rate for work performed in the county.  The county’s minimum wage depends on whether the employer is a government employer, large employer, small employer, or paying a tipped employee.