Bailey Cavalieri LLC

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Latest from Bailey Cavalieri LLC

The EEOC recently launched a new tool that provides access to industry aggregated data collected from annual employer EEO-1 reports. The new tool is called “EEOC Explore,” available here. Data on employment by race, ethnicity, and gender can be searched by EEO-1 job category in an aggregate format organized by NAICS industry code. Presently, only 2017 and 2018 data is available, but more searchable data is forthcoming. In addition to searching by job category,…
Happy Veterans’ Day to all of the veterans out there. It also is a great day to remember that if your business has a contract with the federal government in excess of $100,000, or your business has a contract with another company that has a covered federal contract, you are covered by VEVRAA, the Vietnam Era Veterans’ Readjustment Assistance Act. This means that your business must have an annual affirmative action plan and have certain…
The CDC made it much more difficult for employers, schools, and businesses to determine who should be quarantined when a confirmed positive COVID-19 infection occurs. A close contact is now defined as being within 6 feet of an infected person for 15 cumulative minutes in a day–versus 15 consecutive minutes at one time. Last week, on October 21, 2020, the CDC updated its guidelines on what it means to be in “close contact” with someone…
Allowing non-exempt workers to work unsupervised from home has always been a big no-no in the wage-hour world. Allowing this exposes the employer to claims for unpaid hours, and unpaid overtime, from  federal, state, and local laws with unforgiving penalties. Recognizing the number of non-exempt employees working from home during the coronavirus pandemic, the federal Department of Labor (DOL) released guidance on tracking telework. The key is having a clear tracking method in place to…
The U.S. Department of Labor (DOL) revised its April 1, 2020 regulations about who qualifies for emergency sick leave under the Families First Coronavirus Response Act (FFCRA) after parts of its prior regulations were struck down by a New York federal court on August 3, 2020 (see earlier blog post). The NY court struck down four provisions of the prior regulations: The requirement that work be “available” in order to take FFCRA leave from…
On September 14, 2020, Ohio passed and the Governor signed House Bill 606, which provides qualified immunity to healthcare providers and employers who are accused of spreading COVID-19. It will become effective on December 13, 2020 (90 days after signed into law). Section 1 of the law provides qualified immunity to healthcare providers providing services during the coronavirus pandemic. It applies to actions taken from March 9, 2020 to September 30, 2021. The new law…
The EEOC updated its Q&As on COVID-19 and the pandemic in light of the ADA and Rehabilitation Act. The highlights are as follows: Employers may: Require accurate and reliable COVID-19 tests in order to decide who may return to work when employees will be physically entering the workplace. Ask employees who will be physically entering the workplace if they have been diagnosed with, tested for, or exposed to anyone with COVID-19. Ask employees who will…
In late July, a group of fourteen grocery store workers sued a supermarket chain, alleging that it discriminated against employees when it banned the wearing of Black Lives Matter or BLM masks at work. The lawsuit alleges that the company disciplined, and in one case, terminated, employees for wearing masks supporting the racial justice and political movement. In its defense, the employer said that it enforced a neutral dress code policy prohibiting all visible slogans,…
On August 8, 2020, President Trump issued a Presidential Memorandum allowing employees to have a tax “holiday” deferring the normal employee payroll tax withholding for social security (6.2% of wages) from September 1-December 31, 2020. This was designed to provide a much needed boost to employees in their take-home pay. Unfortunately, it comes with a host of administrative burdens for employer payroll compliance that may make it not worth the trouble. First, how does it…