January 07, 2022

Labor and Employment Newsletter

5 min


California Employment Law Updates 2022: The B-Sides

While COVID-19 dominates headlines as the calendar turns to a new year, many of California's new 2022 employment laws pertain to more traditional issues. We wrote about some in our recent alert. Here are three "B-sides" that didn't make our top list but are still significant. All are effective as of January 1, 2022.

Key Considerations When Terminating an Employee

Terminating an employee is never easy. Even when a worker isn't working out, no one enjoys saying "You're fired." At the same time, retaining an employee who has performance problems sends the wrong message to the rest of your workforce and can make everyone's lives harder. Planning an employee termination requires balancing a host of legal, practical, and emotional considerations. Click below to read some questions that prudent employers will want to consider.

You Asked, We Answered—Does Your Website Comply with the ADA? Don't Wait for a Class Action to Find Out

All companies and organizations with a website—whether for internal use or publicly facing—must ensure that their website complies with the Americans with Disabilities Act (ADA). Website owners are increasingly facing lawsuits filed on behalf of visually impaired, hearing-impaired, and other disabled individuals who are unable to access website features. In a recent webinar, Venable partners Jean-Paul Cart and Nicholas Reiter discussed how simple updates in line with the Web Content Accessibility Guidelines (WCAG) can help organizations avoid these types of lawsuits and answered questions from the audience.

New York State to Kick Off 2022 with Increases to Minimum Wages and the Overtime Exemption Salary Threshold

Effective December 31, 2021, employers in certain regions and industries throughout New York State once again saw changes to New York's wage and hour requirements. Click below for a summary of the new requirements employers must meet regarding increases in minimum wage rates, tip credits for tipped employees in the hospitality industry, and salary basis thresholds for overtime exemptions.

Fast Times in Federal Courts: Will the Vaccine Mandates Stay, or Will They Go?

Updated: Over the last several months, three arms of the federal government have issued guidance mandating COVID-19 vaccines for various groups of employees. Unsurprisingly, each of these mandates has been challenged in court. Some employers are waiting to see how these legal challenges will be resolved before implementing any policies; others have forged ahead with their own internal vaccination rules, but are following these cases to ensure they are in compliance if and when the time comes.

The status of these mandates will change rapidly as various courts consider arguments for and against them. For now, click below to read the status of the three federal COVID-19 vaccination mandates as of this publication.

Education Roundup - NCAA Set to Vote on New Constitution in January 2022

The National Collegiate Athletic Association's (NCAA) Board of Governors unanimously agreed to accept the final recommendations from the NCAA Constitution Committee for a new constitution that will govern college sports. The decision to redraft its existing constitution stems from the NCAA's desire to address criticisms from NCAA student-athletes, their supporters, and the public surrounding its positions on student-athletes' rights to compensation, gender and diversity equity, and its own internal governance structure, among other issues. The new constitution will also streamline and synchronize the various approaches to these issues among its three divisions, which encompass over 350 public and private higher education institutions (Member Institutions), each of which has its own governance manual. A final vote on the new constitution will occur at the upcoming NCAA Convention on January 20, 2022, and Member Institutions should prepare for the inevitable changes that will impact their college athletic programs.

We Want to Hear from You

What legal issues are keeping you up at night?

We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.

Attorney Spotlight

Ayelén RodriguezAyelén Rodriguez: I was drawn to the practice of Labor and Employment law because, just as the world is constantly changing, so are the workforces and the employment laws that govern them. In Venable’s Labor and Employment Group, I have had the unique experience of joining the firm at a time when the COVID-19 pandemic has upended many of the ways in which employers and employees communicate and interact with each other. Amid ever-changing rules and regulations, this practice has allowed me to learn that flexibility and a passion for finding practical solutions are essential to meeting our clients’ business and organizational needs. The communication across our team of attorneys has allowed us to be agile when responding to the needs of our clients and collaborate to quickly solve problems.

About the Labor and Employment Group

The bicoastal, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Doreen Martin invite you to share the content with your colleagues and reach out with any questions.