Counseling & Compliance Training - Page 24 of 90

State & Local Employment Law Developments: Q2 2021

The second quarter of 2021 continues the trend of increasing regulation of the workplace by state and local governments. Several new and revised state and local workplace regulations became effective or will soon be effective, including a trend towards a broader inclusiveness in leave laws. This update reviews these new requirements and recaps Q2 state and local employment law developments to help you and your organization stay in compliance.

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OFCCP Publishes 2021 Corporate Scheduling Announcement List for Upcoming Audit

Federal contractors should immediately review the Fiscal Year 2021 Corporate Scheduling Announcement List (CSAL), released on July 1 by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.

This CSAL notifies 750 Supply & Service establishments (locations) of upcoming audits and is the only advance notification to the contractor of the upcoming audit. In years past, establishments selected for an audit received notice by mail in the form of a Corporate Scheduling Announcement Letter. But now, OFCCP is exclusively posting the CSAL online.

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Clearing the Fog: What Employers Should Look Out for Following Connecticut’s Legalization of Recreational Cannabis

Connecticut has joined the budding number of states legalizing recreational cannabis use. On June 22, 2021, Connecticut Gov. Ned Lamont signed An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis (RERACA), which permits adults ages 21 and older to possess and use recreational cannabis. While the added strain on employers will not take effect until July 1, 2022, organizations should begin reviewing their current drug screening and testing policies and processes with employment counsel — and revisit training with hiring managers, HR professionals and supervisors.

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Equal Pay Compliance Statements – Yet Another Amendment to the Illinois Equal Pay Act

Earlier in the year, we reported here about recent amendments to the Illinois Equal Pay Act (“EPA”) that would require employers with more than 100 employees in the State of Illinois to obtain an equal pay registration certification from the Illinois Department of Labor (“IDOL”) by March 2024. On June 25, 2021, Governor Pritzker signed into law additional amendments to the section of the EPA that address this reporting requirement. In summary, the most recent amendments address the following:

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Accrued but Unused Vacation Pay Must Be Paid Out Upon Termination of Employment in Colorado

Colorado’s Supreme Court found that Colorado employees receiving vacation time must be paid out accrued but unused time when their employment is terminated. In Carmen Nieto v. Clark’s Market, Inc., the state Supreme Court held that if an employer chooses to provide vacation pay, all accrued but unused vacation pay must be paid to employees upon termination and that no agreement to the contrary will be enforced.

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Texas Federal Court Rejects Challenge to Employee COVID-19 Vaccination Requirement

While public health leaders continue to wrestle with vaccine hesitancy, businesses are wrestling with employee challenges to COVID-19 vaccination mandates. This Saturday marked a win for private employers after a Texas District Court tossed a lawsuit brought by over 100 hospital employees claiming they were subjected unlawfully to a COVID-19 vaccination policy as a condition of continued employment. Although the plaintiffs’ counsel has said they plan to appeal the decision, the order provides helpful precedent for other organizations mulling such vaccination mandates.

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