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On April 21, 2021, in a further push to encourage COVID-19
vaccinations for those individuals who have been hesitant, the
White House issued a fact sheet titled, President Biden to Call on All Employers to Provide Paid Time
Off for Employees to Get Vaccinated After Meeting Goal of 200
Million Shots in the First 100 Days. This announcement
further signals the administration s dedication to vaccinating
the U.S. population and its willingness to offer incentives to
employers that support their employees in becoming vaccinated.
Employers that have remained neutral on this issue could be
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On March 31, 2021, New York Governor Andrew Cuomo signed
the Marihuana Regulation and Taxation Act (the MRTA ) into law, making New York the latest state to
legalize recreational marijuana. The MRTA allows adults aged
21 and older to possess, purchase, display, obtain, and transport
marijuana in limited quantities. The MRTA takes effect
immediately, although the sale of recreational-use marijuana is not
expected to become legal for at least another year. The
legalization of marijuana will have significant effects on many
aspects of society in New York, including in the workplace.
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On April 21, 2021, the Second Appellate District of the Court of
Appeal of the State of California filed an unpublished opinion rejecting Uber s
attempt to enforce an arbitration provision that waived an
employee s right to bring a claim under the California Private Attorneys General Act (PAGA). This
statute authorizes aggrieved employees to file lawsuits
to recover civil penalties from employers for violations of the
California labor code.
The plaintiff, Jonathan Gregg, filed a lawsuit against Uber in
August 2018, alleging that the ride-share company willfully
misclassified him as an independent contractor rather than an
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Once again, the National Labor Relations Board s sole
Democrat, Chairman McFerran, has issued a dissent that sheds light
on how a Biden-Board likely will reverse precedent established by
the Trump-Board. This update is our third in a multi-part series
discussing how Chairman McFerran s dissents are likely to
become the law once President Biden appoints new Board members and
the Democrats are in the majority (see here regarding confidentiality in
arbitration agreements and here regarding implementation of employee
handbooks). The latest example of this appears in the Board s
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The Employee Retention Credit (ERC) is a valuable tax credit
designed to encourage employers to keep employees on the payroll
despite the COVID-19 pandemic s impact on their businesses. The
ERC was originally established by the CARES Act, which was enacted
in March 2020. A refundable payroll credit, the ERC provides
eligible employers with a tax credit equal to 50% of up to $10,000
per employee in qualified wages paid between March 13 and December
31, 2020. Initially, an employer was eligible for the ERC if
either:
Its operations were fully or partially suspended due to a