Charting The Risk Associated With Common Workplace COVID-19 Vaccine Incentive Programs

Now that a COVID-19 vaccine is becoming increasingly available, how can employers encourage employees to receive it? Beyond requiring the shots as a mandatory condition of employment – which is not an option many employers are currently considering due to the many legal and employee relations questions it raises – one concept appears to be on the minds of most employers: offering employees incentives to take the vaccine. While this may be an attractive option to many employers, you need to understand the risks associated with various possible incentive programs before launching one at your workplace. READ MORE

Business Groups Seek Vaccine Incentive Guidance From EEOC

The U.S. Equal Employment Opportunity Commission should clarify what kinds of incentives employers can legally offer workers to encourage Covid-19 vaccinations, according to a letter signed by more than 40 business groups.

The groups requested in a Monday letter for the workplace civil rights agency to weigh in on incentives, as employers like JBS USA and Aldi offer financial perks like extra pay and bonuses to workers who get vaccinated. READ MORE

Boeing giving employee bonuses despite losing $12B last year

Boeing Co. has said it will dole out annual performance bonuses next month to most employees despite losing $12 billion over the last year during the coronavirus pandemic.

Most of the company's employees did not receive annual bonuses last year after it lost $636 million in 2019 because of the grounding of the 737 MAX by the Federal Aviation Administration, The Seattle Times reported. READ MORE

Final Regulations on Executive Compensation Excise Tax (Section 4960) Carries Forward Most Concepts from Proposal

On January 19, 2021 the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published in the Federal Register Final Regulations (the “Final Regulations”) interpreting the excise tax under Section 4960 of the Internal Revenue Code on certain executive compensation paid by tax-exempt organizations. The Final Regulations maintain most of the concepts from the interim guidance (Notice 2019-09 (the “Notice”), discussed here and here, and Proposed Regulations (the “Proposed Regulations”), discussed here), with a few changes. READ MORE

Staffing Firms Gain Extra FLSA Overtime Protection

Temporary staffing firms may qualify as “retail or service establishments” and therefore may be able to apply the Fair Labor Standards Act’s (FLSA) “retail sales” overtime exemption to some of their employees, according to a recent opinion letter from the U.S. Department of Labor (DOL).

The new opinion could provide significant benefits to staffing companies with an inside sales force or commissioned recruiters in their business operations. READ MORE

Tax-Exempt Executive Compensation Excise Tax Regulations (Section 4960) Finalized

On January 19, 2021 the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) published in the Federal Register Final Regulations (the “Final Regulations”) interpreting the excise tax under Section 4960 of the Internal Revenue Code on certain executive compensation paid by tax-exempt organizations. The Final Regulations maintain most of the concepts from the interim guidance (Notice 2019-09 (the “Notice”), discussed here and here, and Proposed Regulations (the “Proposed Regulations”), discussed here), with a few changes. READ MORE

What minimum-wage increases did to McDonald’s restaurants — and their employees

President Joe Biden and Democratic lawmakers are making a push to raise the federal minimum wage to $15 an hour from the current $7.25. Some lawmakers and business owners who are against the idea say it would create harmful effects, including business closures, job loss and an acceleration of the shift toward automation.

But those effects didn’t materialize in a five-year analysis of the impacts of minimum-wage increases at state and local levels as evidenced at more than 10,000 McDonald’s locations in the U.S. READ MORE

Biden, Democrats hit gas on push for $15 minimum wage

The Democratic push to raise the federal minimum wage to $15 an hour has emerged as an early flashpoint in the fight for a $1.9 trillion COVID-19 relief package, testing President Joe Biden's ability to bridge Washington's partisan divides as he pursues his first major legislative victory.

Biden called for a $15 hourly minimum wage during his campaign and has followed through by hitching it to a measure that, among other things, calls for $1,400 stimulus checks and $130 billion to help schools reopen. Biden argues that anyone who holds a full-time job shouldn't live in poverty, echoing progressives in the Democratic Party who are fully on board with the effort. READ MORE

Olive Garden parent company to offer paid time off for employees to get COVID-19 vaccine

Some restaurant workers will receive sick pay to prevent themselves from getting sick.

Darden Restaurants, the parent company of brands including Olive Garden, announced on Tuesday that it will incentivizing employees to get their COVID-19 vaccines by offering paid time off — up to four hours — so workers "do not have to choose between earning income and getting vaccinated," Darden CEO Gene Lee said in a letter shared with Fox News. READ MORE

Dems unveil $15 minimum wage bill, say they may use reconciliation to pass legislation

A group of Democratic lawmakers reintroduced legislation on Tuesday to raise the federal minimum wage to $15 per hour by 2025 — and indicated they may use a powerful procedural tool to pass the bill using their slimmest-possible Senate majority.

“Let’s be clear: The $7.25 an hour federal minimum wage is a starvation wage,” Vermont Sen. Bernie Sanders, the incoming chairman of the Senate Budget Committee, said during a call with reporters. "No person in America can make it on $8, $10 or $12 an hour." READ MORE

Dr. Fauci is the highest paid employee in the federal government

Dr. Anthony Fauci, the top disease expert in the U.S., is the highest-paid federal government employee in the U.S.—surpassing even the president—according to a Freedom of Information Act request by OpenTheBooks.com.

Fauci pulled in $417,608.00 in 2019—his largest haul ever—and in the previous two years earned $384,625.00. Forbes reported that from 2010 to 2019, Fauci, the head of the National Institute of Allergy and Infectious Diseases, earned $3.6 million. READ MORE

Goldman CEO David Solomon takes $10M pay cut for Malaysian investment scandal

Goldman Sachs Group Inc. slashed Chief Executive David Solomon’s 2020 pay by 36%, punishment for the bank’s admission last year that it broke U.S. laws in its dealings with an investment fund at the heart of a global corruption ring.

Mr. Solomon received a $17.5 million compensation package for 2020, down from the $27.5 million he got for 2019, according to a securities filing on Tuesday. READ MORE

Biden campaigned on making gig workers employees. Now he has to convince Democrats.

The future of gig workers — Uber drivers, DoorDash couriers and other app workers — is likely to emerge as the most explosive labor issue the incoming Biden administration will face, threatening to aggravate the tensions between the centrist and more corporate-friendly wing of the Democratic Party and fired-up liberals on the left.

Although President-elect Joe Biden’s campaign platform called for gig workers to be classified as employees, narrow Democratic majorities in the House and the Senate and those intraparty philosophical rifts could block Democrats from reaching agreement on gig-worker rights. READ MORE