JL-The-Year-Ahead-For-Employers-2022

Diversity, Equity, and Inclusion

2022: The Year Ahead for Employers highlights the legislation, litigation, regulation and trends nationwide that will impact businesses in 2022.

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level.

2022: The Year Ahead for Employers

COVID-19

As 2022 begins, so does the third year of a sustained global COVID-19 pandemic. Close to 4,000 lawsuits related to COVID-19 were filed between March 2020 and August 2021. Hundreds of those have been brought as putative class or collective actions, a clear majority of which were in the wage and hour context. As with most wage and hour claims, they pose a significant risk of exposure and defense costs if they survive early dismissal. But the COVID-related class actions that have been filed are not limited to the wage and hour context.

Does Your Federal Contract Require a Vaccine Mandate?

What Has the International COVID-19 Response Been?

Internal Investigations Are on the Rise, Are You at Risk?

Data Best Practices in Remote Work Environments.

Stay Up to Date on COVID-19 Developments.

Immigration Considerations for a Post-COVID-19 Manufacturing Workforce.

Do You Have Coworking Spaces?

Are Your Restrictive Covenants Enforceable?

Resources

Prefer to listen? Tune in to the COVID-19 podcast.

Return to Work and Remote Work Policies

Beyond the ETS

Religious Accommodations

Employers should address accommodation requests on a factual, case-by-case basis, and make exceptions to return to work or formal work policies in accordance with applicable law for providing accommodations.

With the proliferation of religious accommodations requests in response to vaccine mandates, courts are examining the threshold issue of what is an undue hardship on the employer in a religious accommodation case and whether standards should be brought in line with those used in disability accommodations claims.

In its regulatory agenda, OSHA announced its intent to create an infectious disease standard. The standard will be a permanent rule, going through formal notice and comment rulemaking under the APA rather than the emergency mechanism used for the OSHA ETS.

About our Speakers

Tasos C. Paindiris is a principal in our Orlando office, where he serves as the office’s litigation manager and also represents employers across southern Florida. His practice concentrates on litigation and advising clients in many different areas of workplace law and forums, including state and federal courts, the state and federal Departments of Labor, state and local human rights agencies, the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.

Stephanie J. Peet is the office managing principal of our Philadelphia office. She is a strategic advisor who manages national, regional and local client relationships. She regularly represents management in employment discrimination and wage and hour cases filed in both federal and state courts as well as equal employment opportunity and labor relations matters pending before federal and state agencies.

Melanie L. Paul is a principal in our Atlanta office and co-leader of the firm’s Workplace Safety and Health practice group. Her practice focuses on occupational safety and health advice and counsel, defense of inspections and litigation before the Occupational Safety and Health Review Commission. Melanie's clients benefit from her inside experience as a trial attorney for the U.S. Department of Labor (DOL) for more than a decade.

DEI in the Workplace

Regulatory actions, changing customer demographics, employee expectations and recommendations from investors and financial institutions are holding companies and organizations to account on matters of diversity, equity and inclusion. The global response to the death of George Floyd, and the #MeToo and #TIMESUP movements, are pushing companies to be more representative of and responsive to diverse stakeholders. Increasingly, individuals from underrepresented groups are attaining seats of power. New policies are emerging at the regulatory level and as voluntary measures within organizations responding to customer and employee demands.

Do You Have a Gender Transition Plan?

What Role is DEI Playing in Your Organization?

Do You Have an Inclusive Culture Promoting Employee Engagement?

Is Yours a Racially Equitable Workplace?

Are You Bound by Pay Transparency Laws?

Resources

DEI Influencers

Assessment and Strategy

Data and DEI

The power of stakeholders and employees is emerging as organizations increasingly adopt zero tolerance harassment and discrimination policies, holding employees at all levels accountable.

Data are key to demonstrating a commitment to having an inclusive workplace. Organizations will face an increasingly competitive recruiting and retention terrain in 2022 as labor shortages persist and organizing activity continues to gain momentum.

Effective DEI initiatives are focused on the collective whole, not one group or individual. They ensure that equal opportunity is afforded to all and reinforce that commitment throughout the employment life cycle and workplace. Assessments are an important first step in building DEI and harassment prevention strategies.

Laura A. Mitchell is a principal in our Denver office where she partners with her clients to build pay equity programs that benefit employees and create a stable, high-functioning workplace. She is also a member of the Pay Equity group.

Michelle E. Phillips is a principal in our New York Metro and White Plains offices. She is a member of the firm’s Diversity, Equity and Inclusion Committee and handles various types of employment litigation with an emphasis on sexual, racial and disability harassment and LGBTQ+ matters.

Weldon H. Latham is a principal in our Washington, D.C. region office and the founder and leader of the Corporate Diversity Counseling practice group. He also is the leader of the firm’s internal Diversity, Equity and Inclusion Committee and a member of the firm’s Board of Directors.

Industry Forecast

The evolving nature of COVID-19 introduced obstacles to return-to-office plans. New virus variants brought vaccine, testing and mask mandates to the forefront, along with trickle-down impacts like labor shortages and an increase in accommodation requests. George Floyd’s death ignited a global response that further fueled the momentum of social forces and moved legislatures and organizations to respond. California led the charge in requiring diverse representation on boards of directors. In the financial industry, we also saw the Nasdaq and other institutions require women and minorities to be included on boards. Add to that a new administration and executive agency leadership with distinctly different policy agendas than their predecessors, and we find ourselves facing an incredibly challenging year in 2022.

The Unlikely Marriage of Unions and Tech Employees.

How Can Restaurants Build Service Teams in the Current Labor Market?

Compliance Checklist for Construction Industry Employers.

How Has the Tech Workplace Changed?

Resources

New Ways to Work

Addressing Labor Shortages

Employee Engagement

COVID-19 has forced businesses to find new ways to work. In both the healthcare and manufacturing spaces, labor shortages and emerging technologies are having a direct impact on how employees perform their jobs and deliver products and services.

Union activity and organizing are on the rise as social forces coincide with increased remote work options stemming from the pandemic and a supportive legislative and regulatory environment. Employers should seek feedback from employees to identify and address areas of concern early to mitigate future issues.

Employers across all industries struggling with a shortage of skilled laborers are increasingly relying on immigration, turning to third parties and looking to internal resources to train current employees for new roles to fill gaps.

Eric J. Felsberg is a principal in our Long Island office, the co-leader of the Technology industry group and the national director of the firm’s Data Analytics group. He leads a team of multidisciplinary lawyers, statisticians, data scientists and analysts with decades of experience managing the interplay of data analytics and law.

Michael T. Mortensen is a principal in our Dallas office and co-leader of the Retail industry group. He focuses his practice on traditional labor relations, workplace law and preventive advice and counseling.

Stephanie E. Lewis is the office managing principal of our Greenville office and serves on the firm’s Board of Directors. She is also the co-leader of the Litigation practice group and Pay Equity resource group. She represents employers in employment litigation and advises businesses on practices and policies to foster employee engagement and avoid litigation.

Sarah R. Skubas is a principal in our Hartford office and co-leader of the firm’s Healthcare industry group. Her practice is focused on employment litigation, preventive counseling and labor relations.

The Regulatory Landscape

Large-scale pieces of legislation have become law or are moving through Congress with obvious and not-so-obvious implications for employers. Coupled with a shift in leadership and policy at influential regulatory bodies like the EEOC and NLRB, employers will face challenges on a variety of fronts.

How Will the Build Back Better Act Impact Your Organization?

Seeking Opportunities in the IIJA?

What Does the NLRB General Counsel’s Agenda Foreshadow?

Is Your Organization Complying with State and Federal Biometrics Laws?

Tune in to the We get work™ Infrastructure Podcast Series.

Do You Need to Use Project Labor and Community Workforce Agreements?

What Can Employers Expect from the NLRB?

Minimum Wage Increases Effective in 2022.

Resources

Contractor Requirements

Agency Priorities

Data and Privacy

Companies new to government contracting need to be aware of the copious reporting and compliance obligations that come with the designation as they seek federal contracts stemming from the proposed legislation.

Privacy and cybersecurity have become a focal point for the federal government. Contractors can expect scrutiny of these practices in future contracts and should prepare accordingly with a thorough review of policies, protocols and vendor agreements.

The EEOC will likely zero in on arbitration agreements and utilize class action lawsuits in disparate impact claims because it enforces federal employment discrimination laws. The NLRB will continue its aggressive enforcement through increased investigations and steep penalties for violations. Funding sources will dictate how OSHA pursues complaints and investigations in 2022. Tenfold increases in penalties for OSHA violations are included in the BBBA and could go into effect with the legislation’s passage.

Laura A. Pierson-Scheinberg is a principal in our San Francisco and Baltimore offices. Laura represents employers in labor and employment matters with a particular focus on traditional labor issues, union elections and unfair labor practice charges. Before entering private practice, Laura served as an intern staff attorney to NLRB Member Sarah M. Fox.

John J. Porta is a principal in our New York City office. He is a strategic advisor who manages national, regional and local client relationships. He advises management teams on their most sensitive and important matters.

Andrew F. Maunz is of counsel in our Pittsburgh office. He recently joined Jackson Lewis after a distinguished career at the EEOC, serving as the agency’s chief in-house lawyer.

The Regulatory Landscape

Download the full report

Industry Forecast

DEI in the Workplace

Affrmative Action, OFCCP and Government Contract Compliance

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OSHA has issued an Emergency Temporary Standard (ETS) covering employers with at least 100 employees.

THE ETS requires covered employers to:

Adopt a vaccination policy that mandates employees to be fully vaccinated or submit to at least weekly testing. Provide paid time off to recover from and receive the vaccine. Requires that unvaccinated employees must wear a mask when in contact with coworkers.

Visit our OSHA ETS Resource Center

State Plans are OSHA-approved workplace safety and health programs operated by the state or territory.

For employers in State Plan jurisdictions, it is critical to know if their state adopts the federal ETS or adopts a different standard. Visit our OSHA ETS Federal and State Plan Map for Private Employers to see where your state falls.

View map

Federal contractors and subcontractors recently received guidance from the Safer Federal Workforce Task Force when applying President Biden’s Executive Order Ensuring Adequate COVID Safety Protocols.

The executive order applies to four types of contracts:

The order and guidance are implemented only through a contract clause in covered contracts.

Listen here

• Procurement contracts for services, including construction contracts over $250,000; • Service contracts covered by the prevailing wage requirements of the Service Contract Act; • Concession contracts; and • Contracts for the provision of services on federal land.

As workplaces are reopened, employers and operators of coworking spaces need to consider how to operate safely in the age of the COVID-19 pandemic.

Coworking spaces have become an intriguing work alternative for remote employees, hybrid workers, self-employed individuals, independent contractors and others. Employers and operators of coworking spaces should consider such issues as the security of sensitive company or employee information and compliance with COVID-19 health and safety rules, among others. Best practices businesses can adopt when implementing a COVID-19 protocol that meets OSHA requirements in the coworking space environment include:

COVID-19 vaccination or testing

Sanitation stations

Cleaning and disinfecting policies

Proper ventilation and spacing

Contact tracing

Find insights and analysis from around the world though our international alliance partner, L&E Global.

In response to the COVID-19 pandemic, governments worldwide are employing extraordinary new measures in an effort to protect their populations against infection, mitigate business losses, stabilize employment relationships and preserve economic security.

In light of COVID-19 and the various issues impacting the workplace such as vaccine mandates or masking requirements, there has been a significant increase in internal complaints alleging harassment or discrimination.

These complaints may require employers to conduct an internal investigation. Key areas to watch:

Many companies that have been working remotely during COVID-19 expect to continue to do so, at least to some extent after the pandemic.

At first, manufacturing may not seem to be an industry where remote models would be prevalent. But, due to a changing occupational mix, only two-fifths of employees are involved in actually “making things.” Accordingly, the manufacturing industry needs to pay attention to the relevant remote and flexible hybrid work models, particularly as they relate to foreign national employees.

In 2020 and early 2021, employers encountered reticence from courts in enforcing restrictive covenants against employees who were laid off or furloughed as a result of COVID-19 or related government orders.

Now we are seeing employees depart, voluntarily or involuntarily, for refusal to comply with vaccine requirements. The extent to which courts may or may not be willing to enforce restrictive covenants against such employees remains to be seen. Less sympathy for this group of employees than those who were involuntarily laid off as a result of the pandemic is anticipated. There are several bills pending, both at the state and federal levels, that would void non-compete agreements or other restrictive covenants for employees terminated for refusing a vaccine mandate. Employers need not take action yet, but should monitor the situation and discuss with counsel if any of these bills become law.

Remote work during COVID-19 presented a number of challenges including how to manage data privacy and security risks and how to comply with related laws that are being passed and amended at a dizzying pace.

Changes catalyzed by COVID-19 are likely to outlast the pandemic.

Businesses will continue to collect health information about employees and need to maintain appropriate safeguards to protect that information – including when it is in the hands of service providers and other third parties.

Data privacy and security laws in the U.S. are governed by a patchwork of federal, state and local laws that are often tied to the state of residence of the data subject, not the location of the business.

Conducting business with employees and customers that are geographically dispersed can result in wide-ranging data privacy and security obligations.

Listen here

The legal landscape has changed dramatically since the beginning of the COVID-19 pandemic as employers continue to navigate around a new normal in a challenging environment.

This webinar will focus on a myriad of legal issues related to COVID-19 including:

COVID-19 related absences.

Whether COVID-19 is a serious health condition or disability under the Americans with Disabilities Act and Oregon Family Leave Act.

The status of Governor Brown's masking and social distance requirements.

OSHA's Emergency Temporary Standard rule for large employers.

Wage and hour issues associated with mandatory vaccine or test policies.

Do you Have a Gender Transition Plan?

Often, in the early stages of an employee’s transitioning process, we are unaware that someone in the workplace is considering a gender transition. Therefore, it is best to proactively create a pathway for employees to notify and work confidentially with human resources (and, perhaps, others in the organization) to facilitate the education, training and logistics that must be coordinated to make a smooth transition.

Preparation

Review your equal employment opportunity/nondiscrimination and anti-harassment policies to determine whether legal obligations, or competitive imperative, demand that gender identity and transgender status be included in the policies.

Education

Provide programs focused on gender identity, sex stereotypes and transgender status to a transitioning employee’s managers and coemployees. This is essential for an employee’s successful transition and to avoiding claims of discrimination and harassment in the workplace.

Training

At a minimum, include discussions of transgender/gender nonconforming nondiscrimination and anti-harassment in on-going anti-harassment training. (California and New York require this by law.)

What Role is DEI Playing in Your Organization?

Employers are facing increasing scrutiny on the DEI front. Some want to get ahead of it, and make sure their DEI programs are current and relevant. Others need to respond to simmering issues within their workforce. Climate surveys are a new tool in an employer’s arsenal that can help you tackle these and other issues in an objective and systematic way.

An informal conversation with participants, not an investigation.

A comprehensive review of data.

Post survey recommendations.

Listen here

What is a climate survey?

Benefits of climate surveys include:

Building a culture of trust and transparency because employees feel heard; Uncovering the root of a problem not previously known by the employer; May help prevent employees bypassing internal reporting mechanism going to social media or other platforms to air grievances; Bolstering brand confidence; Serves as an effective response to crisis situations; Attorney-client privileged survey results; and Scalable to issue and budget.

Do You Have an Inclusive Culture Promoting Employee Engagement?

Psychological safety in the workplace allows employees to speak up candidly with ideas, questions and concerns, and even make mistakes without fear of reprisal or adverse repercussions. The resulting security created by a culture that supports a safe workplace contributes to inclusivity and can improve performance as employees are able to be more engaged and connected at work.

Employers can increase engagement by addressing three needs:

Belonging Making employees feel like they matter.

Employers can do the following to foster psychological safety:

• Encourage curiosity; • Lead with courage and vulnerability; • Provide training; • Conduct a climate study to monitor and assess the inclusiveness of the work culture; • Run a D&I diagnostic to identify areas of improvement; • Review internal processes for reviews, feedback and mentoring; and • Be transparent.

Listen here

Are You Bound by Pay Transparency Laws?

The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees. At the federal level • The National Labor Relations Act can protect discussions involving compensation as concerted activity. • The OFCCP prohibits policies that discourage pay transparency for federal contractors. At the state level

Is Yours a Racially Equitable Workplace?

For employers that want to follow through on their commitments, advancing racial equity in the workplace does not need to be overwhelming. By following some general guidelines, companies can honor their commitments, build trust with their Black employees and their allies and increase the recruitment and retention of Black talent.

Understand that race often shapes how Black employees experience the workplace.

Identify DEI challenges and develop a strategic plan that addresses these challenges and other DEI goals.

Develop a narrative around DEI data that authentically represents the voices and experiences of your workforce.

Do not over-commit.

Do not give up on DEI-related goals.

Unions are successfully targeting workers in the technology industry, even as employees transition to a more remote workplace during the pandemic.

Listen here

Triggers for increased union formation in the industry include:

The restaurant industry continues its slow, but steady recovery from the impacts of COVID-19. One of the most critical issues facing employers is attracting and retaining talent in the face of increasing difficulties to do so.

Increased wages and other monetary incentives are one way to attract employees. Employers should ensure they are including the appropriate monetary incentives in the regular rate of pay for purposes of calculating overtime. Non-monetary incentives should also be considered. • Creating a path to promotion, so restaurant work is viewed as a career, not just a job. • Reimbursing education or job-related training. • Establishing mentorship programs. • Providing management training. • Displaying flexibility in scheduling to accommodate school and other non-work activities. • Encouraging and providing unpaid, childcare, personal, educational and other leaves.

Listen here

Do you Have a Gender Transition Plan?

Preparation

Review your equal employment opportunity/non-discrimination and anti-harassment policies to determine whether legal obligations, or competitive imperative, demand that gender identity and transgender status be included in the policies.

Education

Provide programs focused on gender identity, sex stereotypes and transgender status to a transitioning employee’s managers and co-employees. This is essential for an employee’s successful transition and to avoiding claims of discrimination and harassment in the workplace.

Training

At a minimum, include discussions of transgender/gender non-conforming non-discrimination and anti-harassment in on-going anti-harassment training. (California and New York require this by law.)

Manufacturing employers continue to feel the brunt of emerging and evolving trends related to the COVID-19 pandemic: workplace safety, labor shortages, absence management, remote technology, and employee retention — just to name a few.

In preparation for broader COVID-19 testing requirements, manufacturing employers can take these immediate steps. Partner with states, like Tennessee, that offer access to COVID-19 testing at the employer’s facility (potentially without charge to the employer or the employee). Collaborate with states that align with private testing laboratories to provide on-site testing for private employers. Survey employees for their vaccination status to determine the number of COVID-19 tests needed. Secure testing kits for employees to use on-site at work. Utilize “vaccination toolkits” offered by states (including California, Minnesota, and Washington) to facilitate vaccine clinics for businesses on-site or at nearby locales, to maximize vaccination rates, help reduce time away from work related to vaccine access or vaccinated status and reduce the need for additional testing. Prepare processes and manager protocols to verify vaccinations and conduct weekly testing. Communicate with employees to prepare for the ETS’s requirements. Prepare paid time and paid leave policies for vaccination, vaccination recovery, testing and medical leave.

Employers in the technology industry continue to face numerous workplace management and compliance challenges in our ever-changing world.

Hear from in-house counsel as they discuss how emerging issues such as artificial intelligence, COVID-19 and return to the workplace, pay equity, privacy and diversity initiatives are challenging and impacting their businesses.

Watch here

For many in the construction industry, compliance issues often get pushed to the back burner. Delaying compliance can create risk in the employment law arena.

These areas should be on your employment law compliance to-do list for 2022 as a construction industry employer:

Update handbooks.

Train supervisors.

Review and audit pay practices and classifications.

Affrmative Action, OFCCP and Government Contract Compliance

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The Build Back Better Act proposes $1.75 trillion in government spending, with an emphasis on social and climate goals. Within the bill’s 2,400-plus pages are opportunities and obligations for employers. There are nine key areas in the bill for employers to note.

Provides four weeks of guaranteed government-paid family and medical leave (maximum benefit of approximately $800 per week).

Modifies the affordability threshold for employer-sponsored health coverage under the Affordable Care Act for an employer that has at least 50 full-time employees (including full-time equivalent employees).

Allows the possibility that undocumented individuals could receive provisional grants of work permits under a process known as parole, which allows people to stay in the U.S. for five years with an option to extend for another five years thereafter.

Proposes to add civil penalties against an employer who engages in unfair labor practices (ULPs), up to six figures per violation in some instances. It would also add potential personal liability for company directors and officers for ULPs.

Track the bill’s progress

Prohibits “backdoor” Roth conversions (conversion of employee after-tax contributions to Roth contributions) in qualified plans and individual retirement accounts for all individuals regardless of income level (beginning in 2022).

Increases civil penalties for violations of the Fair Labor Standards Act.

Increases certain penalties under the Occupational Safety and Health Act. The bill increases penalties for “willful” violations from $70,000 to $700,000. The current inflation-corrected penalty is $136,653.

Would expand paid access for “high-quality” preschool of a parent’s choice for three-year-old and four-year-old children.

Provides support through $320 billion in tax credits to companies and individuals that manufacture and install solar-powered panels, improve energy efficiency of work environments, and advance residential clean energy transmission and storage.

The Infrastructure Investment and Jobs Act (IIJA), allocates $1.2 trillion in investments for various transportation, water, power and energy, environmental remediation, cybersecurity and broadband initiatives.

Revenue-generating opportunities.

Specific wage/labor provisions.

Workforce development.

Key areas for employers include:

The increased funding will likely lead to more companies being classified as government contractors, involving increased compliance issues, as well as wage and hour considerations at the state and federal levels.

Employers should be ready for an aggressive expansion of remedies that the NLRB will seek in unfair labor practices litigation.

Consequential damages, front pay for discharged employees.

Expanded union access.

Reimbursement of union organizing costs.

Damages based on speculative contract terms.

Public publishing of remedial notices in newspapers, websites and on social media.

Hiring individuals selected by the union.

Regional oversight of bargaining.

Increased remedies and protections for undocumented workers.

While one of organized labor’s most important legislative priorities, the Protecting the Right to Organize Act, languishes with a seemingly limited chance at becoming law, employers still must brace for substantial prounion changes to labor law.

• Expanding damages for unfair labor practices; and • Backdoor card check.

• Scrutinizing employee handbooks; • Raising the bar for independent contractor status; • Strike replacement restrictions; • Undermining employer confidentiality interests; and • Protecting employee misconduct during the course of protected concerted activity.

Initiatives that could radically change NLRB case law:

Reversal of Trump board and older precedents:

Biometric technologies are fast becoming valuable tools serving a wide range of different applications, including identifying individuals to confirm time worked and to allow them access to their computers and workplaces.

A report released by Global Market Insights, Inc. estimates that the global market valuation for voice recognition technology, for example, will reach approximately $7 billion by 2026, in main part due to the surge of AI and machine learning across a wide array of devices including smartphones, healthcare apps and banking apps, just to name a few. For businesses that want to deploy these technologies, which inevitably require the collection, storage, and/or disclosure of biometric information, there are a number of privacy and security compliance obligations to consider.

Visit Jackson Lewis’ Biometrics Law Map

Traditional labor law will face significant change in the wake of the new $1.2 trillion Infrastructure Investment and Jobs Act recently signed into law.

Prioritization of project labor and community workforce agreements is one such noteworthy change. Project Labor Agreements require an employer to become a unionized employer on that particular project. Community Workforce Agreements require employers to give priority in hiring to local workers in the community where the particular project is being performed. The 2009 Executive Order 13502 signed by President Obama is still in effect, requiring that federal agencies and all parts of the federal government encourage the use of Project Labor Agreements in connection with large scale construction projects.

Listen here

Regulatory Activity Outside of the U.S. Impacts Employers.

Outsourcing • Mexico

Privacy • Brazil • China • India

Remote Work • Latin America • “Right to Disconnect”

Sexual Harassment • Asia

Prefer to listen? Tune in to the DEI in the Workplace podcast.

About our Speakers

Prefer to listen? Tune in to the Industry Forecast podcast.

Maurice G. Jenkins is a principal in our Detroit office and co-leader of the Manufacturing industry group. He advises and represents employers with respect to strategic labor relations matters, collective bargaining and NLRB litigation.

About our Speakers

Prefer to listen? Tune in to The Regulatory Landscape podcast.

Back to the Top

Back to the top

Substantial Amendments to the CCPA Go Into Effect January 2023.

Arizona* $12.80 California* $15.00 (26+ employees) $14.00 (1-25 employees) Colorado* $12.56 Connecticut $14.00 (July 1) Delaware $10.50 Dist. of Columbia TBD (July 1) Florida $11.00 (Sept. 30) Illinois* $12.00 (std.)/$9.50 (youth) Maine* $12.75

Maryland* $12.50 (15+ employees) $12.20 (1-14 employees) Massachusetts $14.25 Michigan $9.87 Minnesota* $10.33 (“Large” employers) $8.42 (“Small” employers/90-Day Training Wage/Youth Wage) Missouri $11.15 Montana $9.20 Nevada $10.50 (w/o halth benefits) $9.50 (with benefits) (July 1)

New Jersey $13.00 New Mexico* $11.50 New York, Outside NYC and Nassau, Suffolk & Westchester Counties: $13.20 (generally); all others $15.00 (generally) (Dec. 31, 2021) Ohio $9.30 Oregon $12.50 (“Nonurban” counties) $13.50 (“standard” counties) $14.75 (Portland Metro) (July 1)

Puerto Rico $8.50 Rhode Island $12.25 South Dakota $9.95 Vermont $12.55 Virginia $11.00 Washington* $14.49 (most employees) $12.32 (employees aged 14-15)

Stay Up to Date on Regulatory Developments.

Receive updates and analysis of developments around the BBBA impacting your business.

Considering At-Home COVID-19 Testing?

In fulfillment of President Biden’s promise to make at-home COVID-19 tests more available for all of us, two significant action steps have now occurred.

Every U.S. household has access to free at-home COVID-19 tests. As of January 18, 2022, any individual with a residence in the United States may request up to four (4) at-home COVID-19 test kits. There is no cost to register or for the kits themselves.

At-home COVID-19 testing is available at no cost without a prescription under an employer’s group health plan. On January 10, 2022, the Department of Labor released updated guidance and an FAQ that, as of January 15, 2022, now extends an employer’s obligation to cover all types of COVID-19 tests, between those performed or prescribed by a physician or other health care provider, and for in-home COVID-19 tests provided without a doctor’s order.

International Regulatory Activity.

Substantial Amendments to the CCPA Go Into Effect January 2023, Be Prepared.

These FAQs highlight critical CCPA and CPRA compliance requirements. They should help businesses determine whether they are subject to the CCPA/CPRA, and if so, learn more about the obligations they may have and strategies for implementing policies and procedures to comply.

The following state minimum wage increases went into effect as of January 1st. States marked with an asterisk (*) also have city or other local minimum wage increases for 2022.

COVID-19

Stay Up to Date on DEI in the Workplace.

Stay Up to Date on Industry Developments.

Tune in to the We get work™ Infrastructure Podcast Series.

Check out our special We Get Work™ podcast series on the IIJA to examine the bill’s impact on labor law, the construction industry, government contractors, related wage and hour implications in addition to other information companies need to be aware of when awarded work created by this landmark piece of legislation. Sign up to receive the We get work™ podcast.

Security Being transparent about the health of the organization and the role the employee plays in the organization’s future.

Self-actualization Finding projects or assignments that encourage innovation or allow creative thinking.

The current political climate.

An increasingly remote workforce.

Unions’ effective utilization of digital outreach.

An increase in the number of tech workers.

Submit your email to complete your profile and customize email, event and webinar alerts from our over 100 mailing lists by topic and jurisdiction.

Stay up to date on workplace trends around the world with our international alliance partner, L&E Global.

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The passion held by individuals who are either for or against a particular issue will continue to lead to more internal concerns, requiring investigation and perhaps remedial action; Federal and other government funding made available to organizations during the pandemic will prompt increased whistleblower claims asserting misuse of such fund; and These whistleblower claims may also provoke increased government investigations. The ability to conduct timely and comprehensive investigations will be paramount.

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California requires an employer must disclose the pay range for a position if an applicant asks for it after an interview. Maryland, Rhode Island, and Washington also require employers to disclose the pay range to applicants upon request. Rhode Island entitles employees to pay range disclosures upon hire, when changing jobs and upon request Washington also requires that employers provide the salary range to employees who are changing roles and upon request. Nevada—Employers are required to provide the wage or salary range to applicants who have completed an interview—even without a request. But employees still must request the range to require transparency. Connecticut—Employers are required to provide the salary range to applicants (1) upon request and (2) by the time it extends an offer of compensation (if the applicant did not request it). It also requires disclosure to employees on hire, when changing roles and when the employee requests it. Colorado—Requires an employer with even one employee in Colorado that is recruiting for a job in Colorado (or that is remote) must include (1) the wage rate or range for the role, (2) a general description of other compensation available for the role, and (3) a general description of benefits for the role in the job posting. Colorado also requires “opportunity transparency.”

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Special remote work visas and related programs to facilitate and regulate cross-border remote work

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Keep Your DEI Initiative Legally Compliant.

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Keep Your DEI Initiative Legally Compliant.

The balance between antidiscrimination and data privacy and security laws requires thoughtful planning. Considerations include: Leadership and goals

Who are the key individuals involved in developing, implementing and maintaining the DEI program? What are the goals of the DEI program, initiative or strategy?

DEI data

What data is being collected? Who will be responsible for collecting, using, transferring, storing and disposing of the data? Who will have access to the data? Is collection mandatory or recommended by law or guidance? What is the legal basis for data processing and what are your consent policies and protocols? Will the type of data change over time? Has the organization already been collecting this data for other business purposes? For global organizations, will the type of data collected vary by location? Does the organization have a privacy policy related to employee and job applicant personal data already in place? If so, how should it address DEI uses?

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