WHAT WILL 2021 BRING - Hinman ...
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WHAT WILL 2021
BRING
Dawn J. Lanouette, Esq.
Hinman, Howard and Kattell, LLP
80 Exchange Street
Binghamton, New York 13902-5250
607-723-5341
dlanouette@hhk.com
© 2020 Hinman, Howard & Kattell, LLP – Attorney Advertising
Disclaimers
This presentation is not intended to be legal advice.
It is for information only.
This may be considered attorney advertising. You
should not rely on it as legal advice.
Please contact an attorney to discuss your specific
situation
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 1
Minimum Wage
Changes
New York State
Increase in Non-Exempt (Hourly)
employee wages Moves to $12.50 per
hour for Upstate NY
Location 12/31/16 12/31/17 12/31/18 12/31/19 12/31/20 2021*
NYC - Big Employers (of 11 or more) $11.00 $13.00 $15.00
NYC - Small Employers (10 or less) $10.50 $12.00 $13.50 $15.00
Long Island & Westchester $10.00 $11.00 $12.00 $13.00 $14.00 $15.00
Greater New York State $9.70 $10.40 $11.10 $11.80 $12.50 *
General Minimum Wage Rate Schedule
Fast Food Workers increase to
$14.50 and 2nd increase to $15 on
7/1/2021
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 2
New York Minimum Exempt Weekly
Wage Increase
NYC $1,125 per week ($58,000 per year) (no increase)
Nassau, Suffolk and Westchester $1,050.00 per week
($54,600 per year)
Rest of the State $937.50 per week ($48,750)
PAID SICK LEAVE
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 3
PERMANENT PAID SICK LEAVE
4 or fewer and net income of
$1 million or more—40 hours
paid
5-99—40 hours paid
100 and up—56 hours paid
4 or fewer employees and under
$1 million net—40 hours unpaid
Accrues at a rate of 1 hr. for
every 30 hours worked
WHO DOES IT APPLY TO?
Self
Spouse/partner
Parent/parent of spouse or partner
Sibling
Grandchild
Grandparent
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 4
Covered Reasons for Sick Leave
The need for diagnosis, care, or treatment of a mental or physical illness or
preventative care of the employee or the employee’s family member; and
Certain needs related to the employee or the employee’s family member being
the victim of domestic violence, sexual offenses, stalking, or human
trafficking, including obtaining services from a domestic violence shelter,
rape crisis center, or other services program; participating in safety planning;
temporarily or permanently relocating; meeting with an attorney or
participating in legal proceedings; enrolling children in a new school; or
taking other actions to increase the safety of the employee or employee’s
family members
Family member means: employee’s child (including foster child, legal ward,
or equivalent legal relationship), spouse, domestic partner, parent (including
a step- or foster parent, legal guardian, or equivalent legal relationship),
sibling, grandchild, grandparent, and the child or parent of an employee’s
spouse or domestic partner.
NYS SICK LEAVE
Employer can set minimum increments (not
greater than 4 hrs.)
Paid at regular rate or min—whichever is greater
Can carryover BUT can only use the max each
year
Can Front load but cannot reduce if you do this
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 5
NYS SICK LEAVE
No retaliation for taking leave
Requires restoration to position
Employers who already provide sick leave or PTO that
is at least as generous will not have to provide more
New York Paid Sick Leave-FAQ
Part-time Employees
Seasonal Employees
Accrual and Use—Beware Waiting periods
Rate of Pay
https://www.ny.gov/sites/ny.gov/files/atoms/files/P
SL_FAQ_PaidSickLeaveFAQ.pdf
Not Addressed: Will there be an exception to the
carryover for employers who front load?
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 6
COVID-
19
FFCRA EXTENSION
Voluntary for Employers after Dec 31, 2020
US Gov. will still reimburse the amount via payroll
tax credit
No “new” bucket of leave
New Guidance (104 and 105)
https://www.dol.gov/agencies/whd/pandemic/ffcra-
questions#104
Note: for NY employers, emergency sick leave is still
in effect and did not expire
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 7TELECOMMUTING EMPLOYEES
Employer Obligations under FLSA
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files
/fab_2020_5.pdf
“employer knows or has reason to believe that work is being
performed”
Posting Requirements for FLSA, FMLA, etc.
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files
/fab_2020_7.pdf
Must hard copy post unless all employees work remotely
Telemedicine and FMLA
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files
/fab_2020_8.pdf
OSHA
https://www.osha.gov/coronavirus
Most frequently violated standards:
https://www.osha.gov/sites/default/files/covid-citations-
lessons.pdf
The U.S. Department of Labor’s Occupational Safety and Health
Administration has issued more than $3.5 million in fines for
workplace safety violations related to the COVID-19 pandemic since
it began, with most going to nursing homes, hospitals and other
healthcare facilities.
OSHA on Friday said that from March through Dec. 3, it had issued
citations in 263 cases for various kinds of violations, including
failures to record or report illnesses and fatalities and violations of
the “general duty” under federal law to maintain safe workplaces.
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 8OSHA—Reporting Guidance
COVID-19 is a recordable illness, and thus
employers are responsible for recording
cases of COVID-19, if:
The case is a confirmed case of COVID-19, as
defined by the Centers for Disease Control
and Prevention (CDC);
The case is work-related as defined by 29 CFR
§ 1904.5;
The case involves one or more of the general
recording criteria set forth in 29 CFR § 1904.7
OSHA Citations
As of Oct. 8 cited 85 establishments for violations
relating to COVID-19 safety measures, resulting in
proposed penalties totaling $1.2 million
“General Duty Clause,” the respirator standard, or as
a violation of OSHA reporting and recordkeeping
requirements
Face coverings, missing plexiglass, failure to distance
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 9VACCINES
EEOC GUIDANCE: https://www.eeoc.gov/wysk/what-
you-should-know-about-covid-19-and-ada-
rehabilitation-act-and-other-eeo-laws
Disability
Religion
Genetic Information
“If an employee cannot get vaccinated for COVID-19 because of a
disability or sincerely held religious belief, practice, or observance, and
there is no reasonable accommodation possible, then it would be lawful
for the employer to exclude the employee from the workplace."
VACCINES
Emergency Use Authorization Issues: Emergency
Use Authorization (EUA), under which the vaccine
was authorized, is a “mechanism to facilitate the
availability and use of medical countermeasures,
including vaccines, during public health
emergencies, such as the current COVID-19
pandemic.
https://blog.petrieflom.law.harvard.edu/2020/11/30/
covid-vaccine-eua-mandate-business/
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 10Bottom Line
Employers can have a policy requiring vaccines
Employers must consider accommodations
Employers will want to consider impact on the
workplace
Watch for additional guidance on EUA
WHAT CAN WE EXPECT
IN 2021
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 11WHAT WILL A BIDEN ADMINISTRATION
BRING?
Rescind executive order regarding diversity
training and federal contractors
Increased OSHA Enforcement
Stricter Standards on Exempt Employees
Encouraging Unionization
WHAT ABOUT NEW YORK?
Recreational Marijuana
Shared Work
WARN Act Amendments
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 12DON’T FORGET:
Spread of Hours Pay
Split Shift Pay
Spot Check December 31 payroll
If you use bonuses, commissions, shift differentials—
check the OT numbers
You Still Need to do Anti-Harassment Training
annually
Options for Training
Anti-harassment training is an annual requirement:
https://www1.nyc.gov/site/cchr/law/sexual-harassment-
training.page
https://www.ny.gov/programs/combating-sexual-
harassment-workplace
HH&K
Supervisors need to be prepared
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
Page 13QUESTIONS?
Most photographs courtesy of Ryan McGuire https://gratisography.com/ and
pixaby.com
© 2021 HH&K Presentation - Labor and Employment Dated: 2021-01-06
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