Things you should know

FMCSA extends temporary hours of service

The Federal Motor Carrier Safety Administration (FMCSA) again extended its temporary hours-of-service exemptions and other regulatory relief for commercial truck drivers transporting items intended to assist with COVID-19 pandemic relief efforts. It is now scheduled to remain in effect through Nov. 30.

NLRB General Counsel urges regional offices to increase economic penalties

In a memorandum to all NLRB Regional Offices, National Labor Relations Board General Counsel Jennifer Abruzzo recently signaled a shift in policy that would greatly expand the universe of available remedies for employees found to be victims of unfair labor practices. The "new and alternative remedies" could include giving unlawfully fired employees restitution for interest or late fees on credit cards they use to cover living expenses, penalties paid when they prematurely tap retirement accounts, and even front pay for employees who can't return to their old jobs.

Must-access prescription drug monitoring programs help lower opioid use

A new study conducted by the Workers Compensation Research Institute (WCRI) suggests that some opioid treatment and prescription monitoring programs and policies have helped tackle excessive prescribing of addictive painkillers and potential abuse. At the state level, researchers found must-access prescription drug monitoring programs reduced the amount of opioids prescribed by 12% in the first year. More information.

I-9 temporary policy of virtual documentation extended

U.S. Immigration and Customs Enforcement (ICE) has extended its temporary policy allowing employers to inspect Form I-9 documents virtually through Dec. 31.

State News

California

• SB 95, which expanded the requirements for employers to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19 expired on September 30, 2021. However, SPSL continues in some cities and counties that enacted their own measures. For more information.
• The Division of Workers' Compensation (DWC) resumed in-person hearings Oct. 1 in most offices throughout the state. Hearings at the district office in Eureka and satellite locations in Bishop, Marysville, Chico, and Ukiah will remain virtual.
• DWC says it will readopt emergency regulations for medical-legal evaluations and reporting that are set to expire Oct. 12 for an additional 90 days.
• DWC announced that the 2022 minimum and maximum temporary total disability (TTD) rates will not change. The minimum TTD will remain $203.44 and the maximum TTD rate will remain $1,356.31 per week.

Florida

• NCCI proposed an overall average 4.9% rate level decrease for the voluntary market, effective Jan. 1, the Office of Insurance Regulation announced.

Massachusetts

• The statewide mandate for employers to provide emergency paid leave related to COVID-19 has been extended until April 1, 2022. For more information.
• A proposed ballot measure that would designate drivers for app-based companies like Uber and Lyft as independent contractors rather than employees has cleared a legal hurdle and is likely to be on the Nov. 2022 ballot.

New York

• On Sept. 6, Gov. Hochul signed into law S2766C, a bill that assigns joint and several liability to prime contractors in any action against a subcontractor of any tier by the subcontractor's employees for wage and benefit claims. This includes unpaid wages, benefits, or wage supplements owed to subcontractor employees. It takes effect Jan. 4, 2022.
• New York City's three-month sweep to enforce the city's new "Zero Tolerance" policies, has resulted in inspections of nearly 7,500 construction sites, 1,499 stop-work orders, and more than 3,600 violations to contractors and site safety professionals.