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Andrea Kirshenbaum Presents Webinars on Employee Vaccinations and Pennsylvania's New Salary Thresholds to the Pennsylvania Restaurant & Lodging Association on June 8 and June 9

On June 8, 2021, at 10:00 am ET, Andrea M. Kirshenbaum presented, "COVID-19 Vaccinations and Employees: Navigating the Legal Challenges," to members of the Pennsylvania Restaurant & Lodging Association (PRLA). 

Many questions have been raised regarding the legal and process considerations for employers as they consider whether to mandate COVID-19 vaccination for some or all of their employees. In this presentation, Ms. Kirshenbaum covered the legal and employee relations considerations for employers as organizations consider mandating COVID-19 vaccinations. She examined:

  • Step-by-step guidance as to how to put a COVID-19 vaccination protocol into place in accordance with federal law.
  • How employers can look to the influenza vaccination landscape to get an understanding of the legal environment for a COVID-19 vaccination program.
  • Discussion of religious and disability exemption requests to vaccines that are and are not protected by Title VII and the ADA.

On June 9, 2021 at 11:00 am ET, Ms. Kirshenbaum presented the webinar, "Impact of New PA Salary Thresholds," to PRLA membership.

In October 2020, the Pennsylvania Department of Labor and Industry (DLI) published its final rule that increased the salary threshold for employees qualifying as exempt executive, administrative, and professional (EAP) employees under the Pennsylvania Minimum Wage Act (PMWA). Ms. Kirshenbaum examined the specific parameters of DLI's regulations and their impact on employers, including:

  • How the regulation differs from the federal Fair Labor Standards Act (FLSA) requirements and previous state regulations.
  • The multi-year phased increases to the salary threshold.
  • Types of positions impacted by the change in salary threshold and the related duties test.
  • Why compliance with the FLSA will not satisfy the new requirements of the PMWA.
  • What employers need to do now to ensure ongoing compliance with the PMWA.