In This Issue:
  • U.S. DOL Announces Annual Adjustments to OSHA Civil Penalties
  • DOL Commissioner Provides Update on Unemployment Insurance
  • PPP Update
  • ABC in the News
  • Upcoming Webinars
  • 2021 Custom Training
  • January-March 2021 Toolbox Talks
  • Empire Chapter Resources
U.S. DOL Announces Annual Adjustments to OSHA Civil Penalties
On Jan. 13, the U.S. Department of Labor announced adjustments to Occupational Safety and Health Administration civil penalty amounts based on cost-of-living adjustments for 2021.

According to the release, OSHA’s maximum penalties for serious and other-than-serious violations will increase from $13,494 per violation to $13,653 per violation. The maximum penalty for willful or repeated violations will increase from $134,937 per violation to $136,532 per violation.

The Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2021 final rule is effective January 15, 2021, and the increased penalty levels apply to any penalties assessed after January 15, 2021.
 
For more information, visit the OSHA Penalties webpage. 
DOL Commissioner Provides Update on Unemployment Insurance
Last Friday, under Executive Order 202.45, Governor Cuomo ensured that COVID-19 related usage of an employers Unemployment Insurance will not count against an employer’s experience rating. The Executive Order is retroactive to March 9, 2020.

In essence, any employer that had to close and/or lay-off employees due to COVID-19 or any state mandate will be protected against significant increases in the premium paid for Unemployment Insurance.

ABC has been advocating the Governor’s office and the Legislature to get this protection put in place. We’re pleased to see member companies will be helped with the new order.

To read the full Executive Order, click HERE.
PPP Update
ABC Empire State Chapter President Brian Sampson's statement in response to Governor Cuomo's State of the State address was published in the Niagara Gazette. The statement was the Chapter’s response to Governor Cuomo’s call to build all new renewable energy projects with Project Labor Agreements (PLAs) and to mandate prevailing wages as well. 

To read our full response, click HERE. 
Presented by Littler Mendelson, P.C.

Date: Wednesday, Jan. 20
Time: 1 p.m. ET
Speakers: Barry A. Hartstein, Devjani H. Mishra, Jason R. Stanevich, Tahl Tyson, Claire B. Deason and Steven J. Friedman, Littler Mendelson P.C.

The legal landscape involving vaccination programs in the employment setting has evolved over the years, particularly in health care, which may provide a “road map” in addressing issues surrounding with the COVID-19 vaccine. There are, however, many unique and evolving issues tied to the vaccine. This webinar will cover the priorities for distribution of the vaccine and the manner in which such decisions will be made, a review of the legal issues that need to be addressed in any vaccination program developed by employers and more.

2021 Federal Legislative and Regulatory Forecast
Date: Thursday, Jan. 28
Time: 3 p.m. ET
Speakers: Maury Baskin, Littler Mendelson P.C.; Peter Comstock and Ben Brubeck, ABC National
Moderator: Karen Livingston, ABC National

Maury Baskin, Littler Mandelson P.C., Peter Comstock and Ben Brubeck, ABC National, will offer valuable insights on the following:

  • How a 50-50 Senate and a narrow House majority impacts President Biden’s priorities
  • The potential for additional COVID relief, infrastructure funding, and legislation affecting taxes and immigration
  • How Democrats can use the budget reconciliation process to enact key priorities
  • The future of the PRO Act and other labor legislation in Congress affecting the construction industry
  • What executive orders can contractors expect under the Biden administration? Will the administration broaden the scope of the PLA EO on federal and federally assisted government contracts?
  • Should federal contractors expect to be targeted by the Biden administration?
  • How will the regulatory agenda under the Biden administration impact labor, safety and workforce development policies as well as federal contractors?
  • Will OSHA issue a COVID-19 Emergency Temporary Standard?
  • How can ABC staff help contractors navigate through new legislation initiatives and regulatory actions?
Managing Through the Pandemic: Strategies to Address Employees with Covid Symptoms, Cases, Testing, Quarantines and Employee Leave Entitlements
Date: Wednesday, Feb. 3
Time: 9:00 AM ET
Speakers: Jason Ashlaw, Director of Safety & Workforce Development at ABC Empire State Chapter; Scott Green, Partner at Goldberg Segalla

Join Goldberg Segallas' Scott Green as he discusses how to manage employer requirements as it relates to employees with Covid symptoms, Cases, Testing, Quarantines and Employee Leave Entitlements. ABC's Jason Ashlaw will cover the related CDC recommendations.

ABC Empire Chapter Resources