News and Analysis
Gov. Mike DeWine this week announced that beginning June 26, Ohio will no longer participate in the Federal Pandemic Unemployment Compensation (FPUC) program that provides an extra $300 per week. The governor said the additional payments are discouraging some Ohioans from returning to work, thereby hurting the state’s economy.
The OMA thanked Gov. DeWine for listening to the business community and taking action to address the workforce shortage.
Also this week, Gov. DeWine announced that beginning May 23, the state will require work-search activities for all residents who apply for unemployment benefits. Work-search activities include applying for a job, attending resume-writing courses, or creating and maintaining re-employment plans on OhioMeansJobs.com. 5/14/2021
This week, the U.S. Department of Labor (DOL) confirmed it is withdrawing the Trump administration’s rule to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).
According to a summary from Bricker & Eckler, the OMA’s general counsel, the DOL has not yet indicated whether it intends to further pursue standardizing the test for determining independent contractor status under the FLSA. Bricker asserts that employers should continue complying with state and local laws regarding independent contractor classifications. 5/5/2021
The OMA’s general counsel Bricker & Eckler will host a free webinar on May 14 to discuss what employers need to know before implementing a COVID-19 vaccine initiative. The webinar will address privacy concerns, tips on implementing a vaccination incentive, and other key issues. 5/3/2021
OMA Connections Partner Frantz Ward will host a series of free webinars to focus on important labor and employment issues. Separate one-hour webinars — beginning this month and continuing through early August — will address:
- Workplace violence and conflict;
- Common HR pitfalls;
- Employee mental health and burnout;
- Employee handbooks after COVID-19;
- Arbitration agreements; and
- Responding to federal agencies.
CLE and HRCI credit will be available. Learn more and register. 5/6/2021
According to OMA Connections Partner Roetzel, the U.S. Department of Labor’s Wage and Hour Division is looking to reverse many of the Trump-era initiatives and rules. Reversals include eliminating the Trump administration’s practice of only seeking actual damages (vs. double damages) from employers, as well as incentives for employers to self-report wage and hour violations. Read more. 4/28/2021
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that the 2019 and 2020 EEO-1 Component 1 data collection is now open. The deadline for submitting data for both years is Monday, July 19. Employers should begin preparing in anticipation of the filing deadline. For guidance, see this article from OMA Connections Partner Vorys. 4/27/2021
On Tuesday, May 4, OMA Connections Partner Fisher Phillips will host a webinar to review the Biden administration’s first 100 days and its efforts to remake workplace laws. This interactive webinar will review some of the most dramatic changes that have occurred since Jan. 20, while examining possible upcoming changes. Register here. 4/28/2021
President Joe Biden’s this week called on all employers to provide employees with paid time off to get their COVID-19 vaccinations or to recover from the vaccine’s side effects. As a result, the IRS has published further details of the tax credits available. Meanwhile, here are Ohio’s vaccine provider locations. 4/22/2021
Politico reported this week that the Equal Employment Opportunity Commission (EEOC) is working to update its employer guidance on COVID-19 vaccine incentives. OMA Connections Partner Roetzel says employers should be careful when offering incentives to employees prior to the EEOC’s expected guidance. 4/19/2021
Last week, the U.S. House passed the Paycheck Fairness Act — legislation the National Association of Manufacturers (NAM) calls “a misguided effort to eliminate gender wage gaps.” According to the NAM, the measure, which now heads to the Senate, would eliminate employers’ ability to pay different wages to workers based on education, experience or location, and would drive an influx of class action lawsuits against employers. 4/21/2021