Federal and State Updates

October 26, 2020

Federal Updates

Pregnant Workers Fairness Act

Last month, the House of Representatives passed the Pregnant Workers Fairness Act with bipartisan support. The bill would require private employers (with more than 15 employees) and public sector employers to make reasonable accommodations for pregnant workers unless the accommodation would pose an undue hardship on the business. Upon request by an employee, employers would have to conduct an interactive process to determine a reasonable accommodation. It would be unlawful to deny employment opportunities and to require employees to take leave (paid or unpaid) if another reasonable accommodation is available. The law also protects employees against retaliation for having requested an accommodation. We will keep you posted with further updates regarding this bill as it heads to the Senate.

The Larkin Company provides ADA Compliance and Accommodations Management. We help document the process and provide you with what you need to make an informed decision. If you are interested in this service, please reach out to your Account Manager and we’d be happy to discuss further how we can help.

Social Security Administration (SSA)

The SSA has released updates for 2021. The cost-of-living adjustment (COLA) will be 1.3% for benefits payable to Social Security beneficiaries. The taxable wage base is increasing from $137,700 to $142,800.

State Updates

California

AB 890 was signed into law by Governor Newsom on September 29, 2020. The law expands the role of nurse practitioners and allows them to practice independently without physician oversight. Currently, nurse practitioners may only certify disability after they have collaborated with a physician or surgeon. Beginning January 1, 2023, nurse practitioners will be able to certify disability after performing a physical examination.

New Jersey

Our October 6, 2020 newsletter shared some 2021 updates for New Jersey Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI). Further updates have been released by the New Jersey Department of Labor and Workforce. The employee contribution rate effective January 1, 2021 will be 0.47% and the employee annual contribution cap will be $649.54.

New York

The New York Department of Labor has released FAQs regarding the state’s Paid Sick Leave Law. For details around this law, please refer to our newsletter from September 11, 2020.

If you have any questions, please reach out to compliance_services@thelarkincompany.com.

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