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Many employers use a tip pool, which is a system of
collecting all tips earned by workers and redistributing them to a
pool of workers. Employers using tip pools have had to take care
not to include non-tipped workers, including
back-of-house staff like cooks and dishwashers, when tip pooling as
this violated wage and hour law. Now, there are new and potential
changes to the tip-pool rules.
Under the Trump administration, the U.S. Department of Labor
(DOL) finalized a new rule that would have offered employers more
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As travel begins to resume in California, the Legislature has
imposed additional stringent requirements on employers in the
travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in these
industries to offer job positions back to their laid-off employees
as they become available (within five business days). The bill
creates California Labor Code Section 2810.8 which will not expire
until December 31, 2024. The new section requires covered employers
to recall laid-off employees, in order of seniority, for all
positions for which they are qualified. Employers must make job
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The American Rescue Plan Act of 2021 (ARPA), signed into law by
President Biden on March 11, 2021, included a
voluntary extension of
the Families First Coronavirus Response Act (FFCRA). The extension
allows eligible employers to continue to receive tax credits for
voluntarily offering FFCRA benefits to employees through September
30, 2021.
Previous FFCRA Benefits
As discussed in our previous alert, the FFCRA expired on December
31, 2020. The FFCRA required most employers with fewer than 500
employees to provide emergency paid sick leave (EPSL) for absences
relating to COVID-19 illness suffered by employees or their covered
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After postponing the opening of the 2019 EEO-1 Component 1 Data
Collection on May 8, 2020 due to the COVID-19 pandemic, on April
26, 2021, the U.S. Equal Employment Opportunity Commission
( EEOC ) announced that the 2019 and 2020 EEO-1 Component
1 data collection is now open.
Each year, all eligible private sector employers must submit an
EEO-1 Component 1 report, which consists of demographic workforce
information, including data by race, ethnicity, sex and job
categories.
As we previously reported
here
, this year, employers with 100 or more
employees (and federal contractors with 50 or more employees
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Today, April 26, 2021, the Equal Employment Opportunity
Commission (EEOC) announced the opening of the 2019 and 2020 EEO-1
Component 1 Data Collection. The EEO-1 Component 1 report is a
mandatory annual data collection that requires all private sector
employers with 100 or more employees, and federal contractors with
50 or more employees meeting certain criteria, to submit
demographic workforce data, including data by race/ethnicity, sex
and job categories. The deadline for submitting both the 2019 and
2020 EEO-1 Component 1 data is Monday, July 19, 2021. The
announcement is available at https://www.eeoc.gov/newsroom/eeoc-announces-opening-2019-and-2020-eeo-1-component-1-data-collection.