1. Welcome to #WorkforceWednesday. Watch the week’s top workforce management and employment law news, and read further below:

    Look Beyond OSHA for Return-to-Work Guidance

    The Occupational Safety and Health Administration has indicated it will not issue any enforceable, general return-to-work guidance. Instead, the agency is issuing targeted guidance for specific industries. This leaves employers balancing guidance from other federal agencies and oftentimes multiple states.

    EEOC Clarifies Accommodation Issues

    The Equal Employment Opportunity Commission clarified when an employer can exclude an employee from the workplace due to COVID-19. The revised guidance makes it clear that employers must complete an individualized “direct threat” analysis. Click here for more - workforcebulletin.com/2020/05/08/eeoc-provides-additional-guidance-on-reasonable-accommodation-issues-for-high-risk-employees-returning-to-work/

    DOL Releases Workshare Program Guidance

    Some employers are opting for workshare programs during the pandemic. Workshare programs allow groups of workers to collect partial unemployment benefits while working reduced hours. Employers are normally responsible for covering half the costs for these programs. However, the Department of Labor’s recent guidance says that states could “choose not to charge” employers for these programs in certain circumstances. Access the guidance - dol.gov/newsroom/releases/eta/eta20200504

    Other Highlights

    Long-Term Cybersecurity Planning

    Employers have shifted to a remote workforce by necessity in the short term. In the long term, businesses may find remote work to be more efficient and productive. This restructuring of work requires a comprehensive evaluation of the corresponding cybersecurity risks and how best to address them. Here are 10 top considerations for employers - workforcebulletin.com/2020/05/06/cybersecurity-in-the-age-of-the-covid-19-remote-worker-and-beyond/

    PPP Loan Forgiveness

    What should companies do in the absence of guidance on Paycheck Protection Program (PPP) loans? Make payments as consistently with last year’s payments as possible. Kimberly Weisul at Inc. spoke with attorney Susan Gross Sholinsky and others on best practices for complying with the PPP. View the article - inc.com/kimberly-weisul/getting-your-paycheck-protection-program-loan-forgiven-legal.html

    EEO-1 Reporting Delayed

    The Equal Employment Opportunity Commission (EEOC) has announced it will delay the collection of EEO-1 demographic data until 2021. Accordingly, the EEOC’s online filing portal for 2019 EEO-1 filings will remain closed for now, and filers will be notified of the precise collection period as soon as it is available. Read more - workforcebulletin.com/2020/05/12/eeoc-delays-eeo-1-reporting-for-2019-due-to-covid-19/

    Stay Up to Date

    Our Coronavirus Resource Center is updated daily and always available at ebglaw.com/coronavirus.

    Visit EmploymentLawThisWeek.com

    Subscribe to #WorkforceWednesday - ebglaw.com/subscribe/

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. A Trending News interview from Employment Law This Week®, featuring attorneys Gretchen Harders and Rina Fujii:

    As employers continue to navigate the COVID-19 pandemic, many executives are taking pay cuts or forgoing pay to help businesses stay afloat. This is affecting executive contracts and compensation packages, and could result in significant changes in the future.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. Welcome to #WorkforceWednesday. This week, we’ve seen federal and state actions focused on reopening the economy and bringing employees back to work. Watch the week’s top workforce management and employment law news, and read further below:

    Reopening America

    Employers across the country are beginning to look forward to the next step: getting the economy back up and running. Several states began lifting some stay-at-home and business restrictions this week.

    Safely Returning to Work

    The Occupational Safety and Health Administration (OSHA) has received thousands of complaints from essential workers about safety concerns during the pandemic. Following OSHA guidance is particularly important as employers implement return-to-work policies. Read more: ebglaw.com/content/uploads/2020/03/Summary-of-OSHA-Guidance-on-Preparing-Workplaces-for-COVID-19-200316-1.pdf.

    EEOC Acknowledges Testing

    The Equal Employment Opportunity Commission (EEOC) again updated its technical assistance questions and answers. This time, the EEOC acknowledged that COVID-19 presents a direct threat to the health of others sufficient to justify testing. Click here to learn more - workforcebulletin.com/2020/04/24/eeoc-adds-covid-19-testing-guidance-to-its-technical-assistance-on-covid-19-and-anti-discrimination-laws/.

    Other Highlights

    Coming Class Actions

    Increased class action litigation is a potential risk for employers as a result of the COVID-19 pandemic. For more on the current state of class certification in defending wage and hour cases, read Paul DeCamp and Maxine Adams’s recent article - ebglaw.com/news/state-of-class-certification-defense-in-wage-and-hour-cases/.

    The full article is available at Law360.com (subscription required) - law360.com/articles/1254779.

    What We’re Reading

    “Supreme Court’s Ruling on Unanimous Verdicts Also May Serve as a Referendum on Stare Decisis,” a SCOTUS Today article, by Member of the Firm Stuart Gerson. Access the article here - linkedin.com/pulse/scotus-today-supreme-courts-ruling-unanimous-verdicts-stuart-gerson/.

    Stay Up to Date

    Our Coronavirus Resource Center is updated daily and always available at ebglaw.com/coronavirus.

    Visit EmploymentLawThisWeek.com

    Subscribe to #WorkforceWednesday - ebglaw.com/subscribe/

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. A Trending News interview from Employment Law This Week®, featuring attorneys Nathaniel Glasser and Ian Carleton Schaefer of Epstein Becker Green:

    The COVID-19 pandemic has created a sudden imbalance in the labor market. While many employers are implementing layoffs or furloughs, other “essential” businesses are searching for additional employees to meet demand.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  5. Welcome to #WorkforceWednesday. This weekly newsletter provides you with a cost-free, convenient way to quickly browse the most significant news impacting your workforce.

    Watch the week’s top workforce management and employment law news and read further below:

    CDC Issues Guidance for Infrastructure Workers

    The Centers for Disease Control and Prevention issued guidance on best safety practices for critical infrastructure workers with potential exposure to COVID-19. Read the CDC’s guidance here: cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html

    OSHA Releases New Reporting Guidance

    The Occupational Safety and Health Administration has also issued interim guidance on how employers should report cases of COVID-19. The guidance does not require reporting from industries or employers that are not otherwise obligated to report. Learn more: workforcebulletin.com/2020/04/15/department-of-labor-releases-osha-enforcement-guidance-for-recording-cases-of-covid-19/

    EEOC Update

    On April 9, the Equal Employment Opportunity Commission released updated technical assistance questions and answers related to COVID-19. Due to the pandemic, the agency has also largely paused the issuance of right-to-sue notices for employees who file discrimination claims. Learn more: workforcebulletin.com/2020/04/15/eeoc-updates-guidance-on-covid-19-and-compliance-with-antidiscrimination-laws/

    Other Highlights

    Gig-Economy Blueprint

    Among its many provisions, the Coronavirus Aid, Relief, and Economic Security Act, or “CARES Act,” provides up to 39 weeks of unemployment insurance benefits to workers not otherwise eligible for unemployment compensation. This includes independent contractors and self-employed individuals who are unable to work because of COVID-19. Ultimately, the CARES Act could provide insight into how U.S. labor and employment law, as applied to the gig economy, might evolve. Read more (subscription required): ebglaw.com/news/cares-act-may-propel-gig-economy-employment-law-shift/

    Teleworking Checklist

    Here’s a checklist for navigating the various legal and practical issues facing employers with respect to telecommuting: ebglaw.com/content/uploads/2020/04/LPA-Journal-8-Coronavirus-Ruzal-Baratt.pdf

    In Case You Missed It

    Our latest webinar, “COVID-19’s Impact on the Hospitality Industry,” has been recorded. Presenters included individuals from Deloitte Legal and Epstein Becker Green. View the webinar: ebglaw.com/events/covid-19s-impact-on-the-hospitality-industry-presented-by-deloitte-legal-and-epstein-becker-green/

    Stay Up to Date

    Our Coronavirus Resource Center is updated daily and always available at ebglaw.com/coronavirus.

    Visit EmploymentLawThisWeek.com

    Subscribe to #WorkforceWednesday - ebglaw.com/subscribe/

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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Employment Law This Week®

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Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at ebglaw.com/employment-law-this-week/

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