With the COVID-19 threat unresolved, companies nationwide are on the horns of a dilemma on several fronts; decisions about how to return to work and whether to mandate employee vaccination are just the tip of the iceberg. New concerns about verifying the authenticity of vaccination cards are slowly edging their way to the top of a very slippery slope.

The U.S. Department of Labor’s Wage and Hour Division (WHD) has replaced the old WH-530 form by publishing three new forms that Farm Labor Contractors (FLCs) and some of their employees (FLCEs) will use to apply for initial or renewal FLC or FLCE Certificates of Registration, or to amend an existing Certificate of Registration. Those forms are WH-530, WH-535, and WH-540.

Jason Resnick

It is considered an unlawful employment practice for an employer to discriminate against an employee/applicant because of a conflict between the person’s religious belief or observance and any employment requirement unless providing the accommodation would result in an undue hardship.

Employers who receive religious based accommodation requests – including those made in response to vaccination mandates – must engage in a timely good faith interactive process and consider any available reasonable accommodation including:

Starting January 1, 2022, California employers risk criminal charges for the intentional theft of wages.[i] An intentional theft of wages in an amount greater than $950 for one employee, or $2,350 for two or more employees will subject an employer to a criminal charge of grand theft.

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