Human Resources

EEOC Works to Clarify Guidance on Vaccine Incentives

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

U.S. House Passes Paycheck Fairness Act

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

DOL Issues Cybersecurity Tips to Protect Workers’ Benefits

The U.S. Department of Labor has issued guidance focused on protecting workers’ benefits from cybersecurity threats. OMA Connections Partner Roetzel reports that the guidance — which addresses plan sponsors and fiduciaries regulated by the Employee Retirement Income Security Act (ERISA) — includes basic online security tips for participants and beneficiaries. 4/21/202

How to Ask Employees If They’ve Been Vaccinated

When and how can employers ask workers whether they’ve been vaccinated without getting into legal trouble? While the Equal Employment Opportunity Commission has indicated it’s generally permissible for employers to ask employees about their vaccination status, the agency suggests warning employees to not disclose other medical information in response — to ensure employers don’t inadvertently receive more information than needed.

OMA Connections Partner Fisher Phillips has published this guidance to help employers understand their legal rights and obligations when inquiring about employee vaccinations. Meanwhile, the National Association of Manufacturers has published this guidance on how to talk to employees about the vaccine. 4/14/2021

Webinar: Employer Obligations Under New COVID-19 Law

The OMA will host a webinar at 10 a.m. on Wednesday, April 28 to examine employer obligations under the American Rescue Plan Act. Experts from OMA Connections Partner Fisher Phillips will brief participants on the law’s tax credits, small business relief, and new COBRA subsidies and requirements. There’s no charge for OMA members to attend. Learn more and register. 4/15/2021

Dems Want Federal Overtime Threshold Raised to $82K

Some federal lawmakers want the salary threshold for overtime eligibility more than doubled, HR Dive reports.

Currently, the U.S. Department of Labor requires that workers earning less than $684 a week ($35,568 per year) be paid time-and-a-half for all hours worked beyond 40 in a workweek. But a group of Democratic lawmakers, including Ohio’s U.S. Sen. Sherrod Brown, has called for raising the threshold to apply to employees earning more than $82,000 by 2026 — roughly $35,000 more than the level proposed by the Obama administration. 4/12/2021

Labor Leaders: Amazon Vote Justifies Need for PRO Act

As reported by OMA Connections Partner Vorys, Amazon recently defeated the largest union organizing drive in the company’s history. But labor leaders are seizing on this loss as justification for passing the federal Protecting the Right to Organize Act (PRO Act), the pro-union labor overhaul proposal.

Politico reported this week that President Joe Biden wants to include the PRO Act in his infrastructure proposal. Meanwhile, many Democrats are also pressing to include paid family leave mandates in the package, according to reports. 4/13/2021

Streamlining of Ohio Employment Discrimination Law Goes Into Effect

Earlier this year, Gov. Mike DeWine signed House Bill 352, the Employment Law Uniformity Act. This OMA-supported measure took effect April 15 and applies to discrimination claims filed on or after that date. HB 352 creates more certainty and uniformity for both employers and employees. See this summary from the OMA’s general counsel Bricker & Eckler.

The firm notes that this update to Ohio’s discrimination statute is a great opportunity for employers to review their discrimination and harassment policies to ensure those policies contain appropriate complaint procedures, while training supervisors and employees regarding those policies and complaint procedures. 4/15/2021

DOL Revives Obama-Era ‘Persuader’ Reporting Program

The U.S. Department of Labor — now under the leadership of Marty Walsh, a former trade union official — announced this week the re-enactment of the “persuader rule,” designed to inform employers when they must report their activities related to union-organizing campaigns. The rule, which had been in effect during the Obama administration, requires financial and other disclosures by “persuaders” — including law firms — hired by employers to discourage unionization.

Whether the new rule is legal and survives court scrutiny is in question, some experts say. 4/7/2021

New Guidance Issued on COBRA Subsidy Mandate

The new COVID-19 relief law, the American Rescue Plan Act (ARPA), includes a COBRA premium subsidy applicable to group health plan sponsors. This COBRA subsidy could affect many businesses as it generally requires employers to cover 100% of the cost of COBRA continuation coverage from April 1 through the end of September.

The U.S. Department of Labor has issued its guidance on implementing the ARPA’s premium assistance provisions to provide full COBRA premium assistance to individuals who have experienced a reduction in hours or involuntary termination of employment.

OMA Connections Partner Thompson Hine will be conducting two free webinars — one on April 15 and one on April 28 — to provide an overview of the subsidy provisions, as well as guidance to help employers anticipate and address compliance challenges. 4/7/2021