HR In Aggregate: Employment Law Updates April 4, 2022

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Hey Compliance Warriors!


Here are a few updates to consider if they impact your area or the location of any of your employees.  Enjoy!


Oregon Rule Expands Reasons Employees Can Take Emergency Paid Leave

On March 21, 2022, the Oregon Bureau of Labor and Industries (BOLI) adopted a permanent rule, effective April 1, 2022, that expands the reasons employees can use leave under Oregon’s paid sick and safe leave law during a public health emergency. Under the permanent rule, eligible employees may take protected sick leave for absences connected to: (1) an emergency evacuation order of level 2 (SET) or level 3 (GO) issued by a public official with the authority to do so, if the affected area subject to the order includes either the location of the employer’s place of business or the employee’s home address; or (2) a determination by a public official with the authority to do so that the air quality index or heat index is at a level where continued exposure to such levels would jeopardize the employee’s health. Learn More


Massachusetts Top Court Issues Key Ruling Impacting Independent Contractors

On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the three-prong test for independent contractor status set forth in Massachusetts’ state-law independent contractor statute applies to the relationship between a franchisor and its franchisee, where the franchisor must also comply with the Federal Trade Commission’s (FTC) Franchise Rule. The SJC held that the independent contractor statue applies to the franchisor-franchisee relationship and is not in conflict with the franchisor’s disclosure obligations set forth in the FTC Franchise Rule. Therefore, the SCJ determined, a franchisee providing services to a franchisor under the terms of a franchise agreement may, in fact, be classified as an “employee” of the franchisor under state wage-and-hour law. Learn More

New York City has passed the first law in the United States that will require employers to conduct audits of automated decision-making tools used to…


A Supervisor’s Single Use of the N-Word Can Create a Hostile Work Environment

A supervisor’s sporadic use of offensive words normally is alone not sufficient to create a hostile work environment under Title VII – except for the…


Three COVID-19 Employment Issues in 2022 All HR Managers Should Consider

As we begin 2022, three issues will continue to demand the attention of human resource professionals and management. Regardless of company size, all…


The Return to Work: What Employers Need to Know About California’s “Right to Recall” Law California

In response to the COVID-19 pandemic, California passed the “Right to Recall” law, which requires employers in the building services and hospitality…

Recently Enacted Legislation Shows New York’s Continued Focus on Tackling Workplace Harassment and Discrimination

New York State Governor Kathy Hochul on March 16, 2022, signed three new bills into law that address workplace harassment and discrimination. These…


Salt Bae’s Sprinkle of First Impression: Eleventh Circuit Holds Mandatory Service Charges Are Not “Tips” and May Be Used to Satisfy FLSA Wage Requirements

On March 18, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s decision that an 18% service fee charged at the upscale Miami steakhouse of celebrity chef Nusret Gökçe was not a “tip” and was properly used by the restaurant to satisfy its minimum wage obligations under the Fair Labor Standards Act (FLSA), and to satisfy the requirements of the Section 207(i) FLSA exemption, which relieves retail and service establishments from the obligation to pay overtime to commission-based employees under certain circumstances. Learn More


New Jersey Joins the Trend of Increasing Privacy Protections for an Employee’s Location

In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill No. 3950, goes into effect on April 18, 2022 and requires employers to provide notice to employees for certain types of geotracking. This law continues the steady advance in protections—both in state legislatures and in the courts—for the privacy of an employee’s location. Employers in every state should examine their geotracking programs to address the risks created by these developments. Learn More


Be Audit-Secure™


Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”


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