October 2021

Copyright 2021 J. J. Keller & Associates, Inc.

Labor LawPoster Report

Be ready for posting changes in 2022

Federal contractor minimum wage updates . . . . . . . . . . . . .Page 2

Recent changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 2

Final rule for tipped employees . . . . . . . . . . . . . . . . . . . . . . .Page 3

COVID poster updates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 4

In This Issue

Minimum wage increases and new laws are expected to bring mandatory posting changes to more than 20 states in early 2022.

Most changes take effect on January 1. One exception is New York, where the minimum wage increase and posting update take effect on December 31, 2021.

Another exception is New Jersey, where an update to the employee misclassification law takes effect on February 1.

Some expected posting updates are based on regulatory changes or new laws that were passed in 2021. A January posting update is expected, but the mandatory change could occur at any time.

That’s why the Labor Law Poster Update Service is so valuable. Subscribers will receive the updated poster whenever the change is made.

Mandatory posting changesBe on the lookout for revisions to these state posters in early 2022:

• Alaska: Minimum Wage

• Arizona: Minimum Wage

• Colorado: Minimum Wage

• Delaware: Minimum Wage; Discrimination

• Illinois: Employment Laws (Equal Pay)

• Indiana: Equal Employment Opportunity

• Louisiana: Pregnancy Accommodation; Earned Income Credit

• Maine: Minimum Wage; Regulation of Employment

• Michigan: Minimum Wage

• Minnesota: Minimum Wage

• Montana: Minimum Wage

• New Hampshire: Paid Family Leave

• New Mexico: Minimum Wage

• New Jersey: Employee Misclassification

• New York: Minimum Wage (effective December 31, 2021)

• Ohio: Minimum Wage

• Oklahoma: Uniformed Services Employment and Reemployment Rights Act

• Oregon: Paid Family Leave

• Rhode Island: Minimum Wage

• South Dakota: Minimum Wage

• Vermont: Minimum Wage

• Virginia: Minimum Wage; Occupational Safety and Health

• Washington: Minimum Wage

A Feature of the J. J. Keller Labor Law Poster Update Service

2 Copyright 2021 J. J. Keller & Associates, Inc. Labor Law Poster Report

Recent changes: Specialty postings

• Connecticut — Restaurant and Hotel Restaurant Wage Order

• District of Columbia — COVID-19 Leave

• Los Angeles City Contractors — Living Wage

• Los Angeles County — COVID-19 Vaccination

• New York — Hospitality Industry Wage Order

!

Two 2022 updates ahead for federal contractors

Recent changes: State postings

• Florida — Minimum Wage

• Kansas — Equal Employment Opportunity

• Massachusetts — Wage and Hour

• Montana — Discrimination

• Nevada — Assembly Bill 307 (Employment and Training)

• Virginia — Disability Accommodations; Human Rights Act

!

A pair of executive orders impacting federal contractors will bring posting updates in January 2022.

Change 1: Executive Order 13658

Since 2015, contractors covered by Executive Order 13658 have been required to pay employees the federal contractor minimum wage.

The rate is $10.95 per hour for 2021 and will increase to $11.25 per hour on January 1, 2022.

Employers covered by the executive order will need to display updated posters showing the new rate.

Change 2: Executive Order 14026

A new executive order relating to the minimum wage for federal contractors was signed by President Biden on April 27, 2021. Under Executive Order 14026, covered federal contractors will need to pay employees a minimum wage of $15 per hour.

This new rate takes effect on January 30, 2022. It only applies to contracts entered into or renewed after that date.

Why two minimum wages for federal contractors?

Because Executive Order 14026 only applies to contracts signed or renewed after January 30, 2022, there will be an overlap period where some contracts are covered by Executive Order 13658 and some are covered by Executive Order 14026.

Federal contractors will need to comply with the executive order that relates to their contract.

What do I need to post?

Employers should post the federal contractor minimum wage poster called for in their contract:

• If a covered contract was signed or renewed before January 30, 2022, the updated Executive Order 13658 poster should be displayed.

• When a covered contract is signed or renewed on or after January 30, 2022, the Executive Order 14026 poster will be needed.

All-in-one update

The all-in-one Federal Contractor poster from J. J. Keller & Associates will be revised to include the Executive Order 14026 posting. It will also include the mandatory update to the Executive Order 13658 posting.

Recent changes: Local postings

• Chicago — Wage Theft

• Duluth, Minnesota — Earned Sick and Safe Time

!

3 Copyright 2021 J. J. Keller & Associates, Inc. Labor Law Poster Report

Final rule allows DOL to fine employers that take tipsEmployers that take employee tips face fines of up to $1,100 per violation under a final rule from the Department of Labor (DOL).

The DOL announced publication of the Tip Regulations under the Fair Labor Standards Act (FLSA) final rule on September 23, 2021. It will take effect on November 23, 2021.

Under the rule, the DOL can fine employers that take tips earned by employees regardless of whether the violations are repeated or willful.

It also allows managers and supervisors to contribute tips to an employee tip pool, although they may not receive tips from the pool. Managers and supervisors may keep tips they receive directly from customers,

however, when the tips are based on services the manager or supervisor directly and solely provides.

Posting change?

Although information about tipped employee rights is on the Employee Rights under the Fair Labor Standards Act (FLSA) poster, it is unlikely that this rule will bring a mandatory posting change.

The poster includes tip credit information, and also includes details about penalties and the DOL’s authority to enforce the law.

However, the final rule from the DOL does not mention a poster update or any employer costs associated with displaying an updated poster.

Potential changes: Local postings

California

• Belmont

• Cupertino

• Daly City

• El Cerrito

• Half Moon Bay

• Hayward

• Los Altos

• Menlo Park

• Mountain View

• Novato

• Oakland

• Palo Alto

• Petaluma

• Redwood City

• Richmond

• San Carlos

• San Diego

• San Francisco

• San Jose

• San Mateo

• Santa Clara

• Santa Rosa

• Sonoma

• South San Francisco

• Sunnyvale

New Mexico

• Albuquerque

• Bernalillo County

• Las Cruces

Washington

• Seattle

Changes take effect January 1, 2022; All changes are for minimum wage except San Francisco (Health Care Security Ordinance)

4 Copyright 2021 J. J. Keller & Associates, Inc. Labor Law Poster Report

Terri Dougherty

Terri L. Dougherty, PHR, SHRM-CP, is an editor on the human resources publishing team at J.J. Keller & Associates in Neenah, Wis. She oversees the editorial content of the labor law poster and sign lines and keeps the products up-to-date. She has written articles and white papers about posting compliance and answers customer questions about posting requirements.

MESSAGE FROM THE EDITOR CALENDAR

November 7, 2021 Daylight Saving Time Ends

The first Sunday in November is the end of Daylight Saving Time (DST). Hawaii and most of Arizona, however, do not observe DST.

November 25, 2021 Thanksgiving

Celebrated on the fourth Thursday in November, this holiday is a time to give thanks.

January 1, 2022New Year’s Day

In many states, updated posters need to be displayed on this day, as new minimum wage rates and other laws take effect.

Posters reflect COVID uncertaintySan Francisco, you were right.

When the city came out with a COVID-related labor law posting in March of this year, with an expiration date of March 7, 2023, I thought the city’s two-year timeframe was way too pessimistic.

As the COVID-19 virus lingers, however, it looks like it was better for the city to err on the side of caution.

A number of city- and state-specific COVID posting requirements have since been extended. Here’s a look at some of the more recent changes:

• Expiration date extended to November 5, 2021: District of Columbia Temporary COVID-19 Leave Poster

• Expiration date extended to after the Oregon COVID-19 Temporary Standard is repealed: Oregon COVID-19 Poster for All Workplaces

• Expiration date extended to two weeks after COVID-19 local emergency period ends: Los Angeles County Temporary COVID-19 Vaccine Access Poster

The trend toward less concrete expiration dates for these posters is a sign of the uncertainty surrounding the spread of COVID-19.

I’m always a little sad when a poster becomes obsolete, but that’s definitely not the case here. If San Francisco guessed right, you can bet I’ll be celebrating on March 7, 2023.

Copyright 2021 J. J. Keller & Associates, Inc., Neenah WI USANeither the Labor Law Poster Report nor any part thereof may be reproduced without the written permission of the publisher. The articles in this newsletter do not necessarily express the viewpoints or opinions of J. J. Keller & Associates, Inc.Editor: Terri Dougherty For Subscription Information, call 1-844-840-3449