Employers across the country are facing an unmistakable issue right now: too many open positions and not enough workers. On its face, it might seem like there are not enough workers available for jobs—hence all the openings. But, confoundingly, that’s not the case.

The unemployment rate is still hovering just below 5%, translating to around 7.5 million unemployed Americans, according to the Bureau of Labor Statistics. Additionally, several key COVID-19 initiatives ended at the end of summer—expanded unemployment benefits ceased, and children returned to in-person classes. As such, many economists expected workers to be spurred back into the workforce this fall. That’s decidedly not been the case; while some individuals are returning to work, others are quitting in record numbers.

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Check out our chart below for a full list of states that have upcoming minimum wage increases in 2022:

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On Nov. 4, 2021, the Internal Revenue Service (IRS) announced new caps for employee and company 401(k) contributions in 2022:

	2021	2022
Maximum employee elective deferral (age 49 and younger)	$19,500	$20,500
Employee catch-up contribution (age 50 or older)	$6,500	$6,500
Maximum employee elective deferral plus catch-up	$26,000	$27,000

The new 2022 limits have been updated in our payroll system to ensure that the contributions from our clients’ employees do not exceed the annual dollar limits. Please let us know if you have any questions.

Employers are constantly looking for ways to attract and retain workers. These efforts often include tailoring benefits packages or adjusting compensation. While valuable offerings, these solutions don’t always address the needs of one critical workplace segment: part-time workers.

In some cases, part-time employees don’t qualify for benefits packages; in others, they are only offered limited perks. An obvious solution would be expanding all benefits to all employee segments, but that’s not feasible in many cases. Instead, employers can consider offering perks that speak directly to the unique needs of part-time workers. This article identifies two coveted workplace perks that part-time employees are looking for right now.

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On Oct. 28, 2021, the U.S. Department of Labor (DOL) announced the publication of a new rule for tip regulations under the Fair Labor Standards Act (FLSA). The new rule clarifies that employers may only take a tip credit for tipped employees when these employees are performing work that is part of their tipped occupation. The new rule becomes effective on Dec. 28, 2021.

Workers can only be paid the tipped minimum, established under federal law at $2.13 per hour, for tasks that directly support tipped work and do not take up more than 20% of a worker’s time or 30 consecutive minutes.

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On Nov. 4, 2021, the Occupational Safety and Health Administration (OSHA) announced a federal emergency temporary standard (ETS) to require affected employers to mandate employee vaccines or weekly testing. Click the following link to read our bulletin for more details on the OSHA ETS.

On Nov. 12, 2021, a U.S. federal appeals court affirmed its stay of the ETS requiring OSHA to “take no steps to implement or enforce” the ETS.  OSHA has since announced that it “has suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.”  OSHA is believed to be weighing its options to continue to fight for the ETS.

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We recently released our 4^th quarter edition of the Attraction and Retention Newsletter.  The newsletter includes the following topics:

• Considering the role of vaccines in the workplace
• Enabling the success of remote workers
• Upskilling can help combat labor shortages
• Workplace outlook and BLS data

Click the following link to read this quarter’s Attraction and Retention Newsletter:

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On Sept. 23, the U.S. Department of Labor announced a final rule that will amend Fair Labor Standards Act (FLSA) regulations for tipped employees. The final rule was publicized in the Federal Register on Sept. 24, 2021, and is expected to become effective on Nov. 23, 2021.

Tips for Managers and Supervisors – The final rule prohibits managers and supervisors from keeping any portion of an employee’s tips, regardless of whether the employer takes a tip credit. New language in the FLSA regulations clarifies that managers and supervisors may only keep the tips they receive directly from customers based on the services they directly and solely provide.

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The Equal Employment Opportunity Commission (EEOC) recently filed a disability discrimination lawsuit in Georgia federal court. This case represents the first COVID-19 pandemic-related lawsuit the EEOC has filed about a remote work request for an American with Disabilities Act (ADA) accommodation.

According to the suit, a Denmark-based workplace experience and facility management company with a U.S. headquarters unlawfully denied its employee’s reasonable request for an accommodation for her disability. After requiring employees to work remotely four days per week from March to June 2020, the facility reopened. At that time, the employee requested an accommodation to continue working remotely two days per week and take frequent breaks while working on-site due to a pulmonary condition that causes difficulty breathing. Although the company allowed other employees in similar positions to work from home, it denied her request and, shortly after, fired her, according to the EEOC.

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Recently, 24 state attorneys general submitted a letter strongly opposing President Joe Biden’s proposed COVID-19 vaccine mandate among private employers. These states have threatened legal action should the mandate’s efforts move forward. Earlier in September, Biden announced an upcoming mandate for employers with 100 or more employees. These businesses would need to require vaccinations among employees or have unvaccinated individuals submit to weekly COVID-19 testing.

The 24 states who signed the letter made the following key allegations against the mandate, among others:

• It will affect the job market and the ability to fill positions.
• It will increase vaccine skepticism.
• It is too broad, not accounting for nuanced employee situations.

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