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July 12, 2021

Employment Highlights from Oregon’s Active 2021 Legislative Session

June 2021 culminated in the elimination of COVID-19 restrictions in Oregon and significant changes to the state’s employment laws during the 2021 legislative session.

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July 12, 2021

Tightening the Vise: N.J. Further Expands Power to Thwart Employee Misclassification

N.J. Governor Murphy signed a package of bills expanding the power of the Department of Labor and Workforce Development to enforce state wage, benefit and tax laws, and enhancing penalties for employers that misclassify workers as independent contractors.

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July 12, 2021

Pennsylvania Repeals Rule Increasing Salary Threshold for White Collar Exemption and Restores State Law Exemptions to 1968 FLSA Standards

As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt EAP employee under the state minimum wage act.

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July 9, 2021

PBGC Issues Interim Final Rule on the American Rescue Plan Act’s Special Financial Assistance Program

On July 9, 2021, the Pension Benefit Guaranty Corporation issued its interim final rule implementing the Special Financial Assistance (SFA) program passed in March 2021 as part of President Biden’s American Rescue Plan Act of 2021.

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July 9, 2021

Employers Must Collect Employee Premiums under the New “Washington Cares” Program Starting 1/1/2022; Employee Window to Obtain Alternate Coverage Closes on 11/1/2021

Washington enacted the Long-Term Services and Supports Trust Act, making it the first state in the country to adopt a mandatory, public long-term care insurance program for workers. This article highlights key aspects of the “WA Cares Fund.”

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July 8, 2021

As Colorado and Virginia Follow California’s Lead in Enacting Data Privacy Laws, Employers Must Start Planning to Address an Inevitable Trend

With the enactment of the Colorado Privacy Act, Colorado now joins Virginia in transforming the first major state privacy law, the California Consumer Privacy Act, from an outlier into what now appears to be the beginning of an inevitable trend.

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July 8, 2021

Ontario, Canada Court of Appeal Clarifies Relationship Between Common Employer Doctrine and Concept of Corporate Separateness

In O’Reilly v. ClearMRI Solutions Ltd., 2021 ONCA 385, the Ontario Court of Appeal decided that the motion judge erred in concluding that a majority shareholder of an employee’s contractual employer was its common employer.

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July 6, 2021

The Dust Hasn’t Settled Yet: Employers Must Continue to Be Thoughtful About Criminal Record Screening Policies

Last month, the new chair of the EEOC, Charlotte A. Burrows, was the keynote speaker at a conference regarding new research on criminal recidivism.

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July 2, 2021

Littler Lightbulb: Colorado Adds New Employment Laws this Session

Colorado’s 2021 legislative session ended on June 12, 2021. This Lightbulb highlights two more recently enacted employment laws.

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June 28, 2021

New York Governor Signs Legislation Establishing Mandatory Staffing Committees for NY Hospitals

On June 22, 2021, Governor Andrew M. Cuomo signed legislation (S.1168-A / A.108-B) requiring the establishment of clinical staffing committees in general hospitals.

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