Federal Alerts

The U.S. Department of Labor (DOL) has issued a final rule establishing limits on the amount of time tipped employees can spend performing work that isn’t “tip-producing work” and still be paid at the reduced cash wage for tipped employees under the Fair Labor Standards Act (FLSA). The final rule becomes effective on December 28, 2021.

The Centers for Medicare & Medicaid Services (CMS) has announced that it won’t enforce an emergency rule regarding vaccination of healthcare workers while there are injunctions in place that block the implementation of it.

The Internal Revenue Service (IRS) has issued guidance (Notice 2021-65) regarding the retroactive termination of the Employee Retention Tax Credit (ERTC). The recently enacted Infrastructure Investment and Jobs Act terminated the ERTC with retroactive effect to Sept. 30, 2021 (i.e., wages paid after that date do not qualify for the ERTC, unless the employer is a recovery startup business).

A federal judge in Georgia has temporarily blocked a Biden Administration rule that would require federal contractors and subcontractors to ensure that all covered employees are fully vaccinated against COVID-19.

President Biden has announced that federal contractors and subcontractors will have until January 18, 2022 to ensure that all covered employees are fully vaccinated for COVID-19.

The Centers for Medicare & Medicaid Services (CMS) has issued an emergency rule that requires COVID-19 vaccination for workers at healthcare facilities that participate in Medicare and Medicaid programs.

The Biden administration has announced its Final Rule directing federal contractors to pay their workers a $15 minimum wage starting next year.

The Final Rule, effective January 30, 2022, establishes standards and procedures for implementing and enforcing the minimum wage protections of Executive Order 14026 (Order). Additionally, it sets forth an anti-retaliation provision, a prohibition against waiver of rights, and a severability clause. Finally, the Final Rule specifies procedures related to complaint intake, investigations, remedies, and administrative enforcement proceedings.

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance on federal protections from discrimination and retaliation based on applicants’ or employees’ sexual orientation and transgender status.

On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC”) expanded its Technical Assistance providing further clarification as to how employers should address employee objections to employer COVID-19 requirements.  Below is a summary of the EEOC’s expanded guidance.