Thursday, April 1, 2021
In response to public demands for greater equity and inclusion in the workplace, on March 23, 2021, Governor J.B. Pritzker approved extensive changes to the Illinois Humans Rights Act, the Illinois Equal Pay Act and the Business Corporation Act. The measures place new limits on employers’ use of conviction records when making employment decisions. They also require larger employers to obtain an “equal pay registration certificate” and submit diversity data to the State for publication. Illinois employers must act quickly to comply with the new conviction record requirements, and larger employers should begin preparing now for the new reporting requirements. Below are some key takeaways for employers regarding these sweeping new measures.
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Whether a one-time payment of benefits constitutes an employee benefit plan under ERISA has been the source of consternation. The Fifth Circuit, in Atkins v. CB&I, LLC, considered the issue and held that a bonus conditioned on completing a project was not an ERISA severance plan.
Thursday, April 1, 2021
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA), which extends and expands several provisions of the Families First Coronavirus Response Act (FFCRA).
Tax Credit Extensions
As employers will recall, the FFCRA tax credit had been extended through March 31, 2021 to qualifying employers that voluntarily chose to continue to provide Emergency Paid Sick Leave (EPSL) or Emergency Paid Family Leave (EPFL). The ARPA has now extended the FFCRA from April 1, 2021 through September 30, 2021.
Emergency Paid Sick Leave and Emergency Paid Family Leave Extensions
Under the ARPA, employers are eligible for the tax credit if employers voluntarily provide employees up to 80 hours of EPSL from April 1, 2021 through September 30, 2021. This includes employees who have already used their 80 hours under the FFCRA, essentially creating a refresh of EPSL for all employees.
Thursday, April 1, 2021
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill 95 (SB95), significantly expanding California’s COVID-19 Supplemental Paid Sick Leave (CSPSL). This latest legislation now requires any California employer with more than 25 employees to provide CSPSL in addition to regular paid sick leave offered. The new law also authorizes CSPSL for providers of in-home supportive services and waiver personal care services.
IN DEPTH
RETROACTIVITY
SB95 is retroactive to January 1, 2021, meaning any unpaid leave that has already been granted for any of the qualifying reasons below may require reimbursement. In order to be paid for leave already taken for a qualifying reason, employees must make an oral or written request to the employer. The employer must then issue payment on or before the payday for the next pay period. Any retroactive CSPSL counts toward the employee’s CSPSL entitlement.