Insight
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June 23, 2021

DOL Proposal to Resurrect 80/20 Rule for Tipped Employees Fails to Alleviate Longstanding Industry Concerns

On June 23, 2021, the U.S. DOL published a notice of proposed rulemaking, which reverses course from a December 2020 final rule and seeks to resurrect the so-called “80/20 Rule” that governs how tipped employees must be paid under the FLSA.

ASAP
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June 23, 2021

Santa Clara County Phases Out Vaccination Benchmarking Mandate

The Santa Clara County, California Health Officer issued an order in May that included a first-of-its-kind vaccination benchmarking mandate. On June 21, 2021, the Health Officer issued another order, phasing out that mandate due to high vaccination rates.

Insight
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June 23, 2021

Facing Your Face Mask Duties – A List of Statewide Orders

As businesses reopen, face coverings remain popular as a preventative measure. This post identifies the jurisdictions where face coverings are recommended or required.

ASAP
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June 22, 2021

MIOSHA Rescinds Emergency Workplace Rules as Michigan Returns to Full Capacity

Michigan returned to full capacity, lifting pandemic gathering restrictions and the state’s face mask orders, as the Michigan Occupational Safety and Health Administration rescinded the existing COVID-19 Emergency Workplace Rules on June 22, 2021.

ASAP
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June 22, 2021

Colorado Court Decides Issue of First Impression Regarding ERISA Preemption of State Divorce-Revocation Statute

An appellate court recently decided an issue of first impression regarding ERISA’s preemptive power over Colorado’s divorce-revocation statute, holding that ERISA preempts lawsuits against a former spouse to recover plan benefits that were distributed.

Insight
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June 22, 2021

Bouncing Back (and Forth): Statewide Reopening and Mitigation Steps

As vaccination rates increase, officials are reevaluating their health and safety protocols and adjusting workplace guidance. This post provides links to key reopening orders and/or mitigation measures issued in recent weeks, at the statewide level.

Insight
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June 22, 2021

This Won’t Hurt a Bit: Employee Temperature and Health Screenings – A List of Statewide Orders

Employee health screening steps, including temperature checks, have become common. This post covers measures that require employers to take employees’ temperatures and/or conduct other screening procedures.

Insight
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June 21, 2021

Ontario, Canada Court of Appeal Upholds Jury’s $150,000 Punitive Damage Award Against Employer

In a recent case, the Ontario Court of Appeal upheld a jury’s $150,000 punitive damage award against an employer, where inadequate training and a supervisor's misconduct evidenced a company culture that did not sufficiently stress safety practices.

ASAP
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June 21, 2021

Pandemic-Born Rules: Nevada’s Newest Employment Laws

In its 81st Session, the Nevada Legislature passed and Governor Sisolak signed into law approximately 140 pieces of new legislation. This article highlights key labor and employment laws that will soon take effect, or already are in effect.

ASAP
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June 21, 2021

Michigan Governor Announces State Will Open to Full Capacity June 22

In a tremendous move toward pre-pandemic standards, Governor Whitmer announced that beginning June 22, 2021 nearly all COVID related orders will be lifted and Michigan will resume all activities.

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