A Trending News interview from Employment Law This Week®, featuring attorney RyAnn Hooper of Epstein Becker Green:

As businesses across the United States open up, employees face new risks. Workers may increasingly turn to unions to help support their safety. Employers should take steps to prepare for this resurgence in union activity.

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.

It’s #WorkforceWednesday. This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers. Here’s the top news:

SCOTUS Rules Title VII Protects LGBTQ Employees

The U.S. Supreme Court rules that the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964 (“Title VII”) includes discrimination based on sexual orientation and gender identity. In a consolidated opinion addressing three separate cases, the Court held that when an employer fires an individual merely for being gay or transgender, the employer violates Title VII. Read about the case in more detail - linkedin.com/pulse/scotus-today-court-rules-title-vii-protects-lgbtq-workers-gerson/?published=t

EEOC Says Older Workers Must Get Equal Treatment

The Equal Employment Opportunity Commission (“EEOC”) says employers cannot refuse to let older employees return to the workplace simply because of their age. The EEOC made clear that automatically excluding older workers from the workplace would violate the Age Discrimination in Employment Act. Learn more: ebglaw.com/news/new-eeoc-covid-19-guidance-updates-accommodation-obligations-and-warns-against-return-to-work-age-and-pregnancy-discrimination-and-harassment-of-workers-of-asian-descent/

Other Highlights

Remote Investigation Hurdles

As many employees continue working from home, there has also been an increased need for conducting workplace investigations remotely. Attorney Janene Marasciullo spoke with SHRM about the unique challenges of conducting a remote workplace investigation - shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-challenge-of-remote-investigations.aspx

New York’s Phase Three Guidance

New York’s Phase Three return-to-work protocols now apply to all employers, even if their business is not one of the industries covered by that guidance. New York employers should update safety plans to conform to the amended protocols. Changes are detailed here - ebglaw.com/news/new-york-department-of-health-issues-interim-guidance-for-employees-returning-to-work-following-covid-19-infection-or-exposure-retroactively-revising-phase-one-and-two-industry-specific-guidance/

Now Streaming

As a result of the COVID-19 pandemic, employers must now comply with Occupational Safety and Health Administration recordkeeping and reporting obligations. The agency has also launched hundreds of investigations involving COVID-19 hospitalizations and fatalities. Learn how to prepare for these obligations and new safe workplace challenges in our on-demand webinar series, presented by Bob O’Hara - ebglaw.com/events/oshas-new-covid-19-recordkeeping-requirements-for-all-employers-episode-1-osha-webinar-series/

Stay Up to Date

Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need - ebglaw.com/coronavirus-resource-center/return-to-work/

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.

A Trending News interview from Employment Law This Week®, featuring Epstein Becker Green attorneys Adam Forman and Karen Mandelbaum:

As offices across the country reopen, employers are looking to mobile technology to help keep employees safe. Epstein Becker Green’s Employment, Labor & Workforce Management and Health Care & Life Sciences practices looked into the benefits and risks of mobile technology.

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.

It’s #WorkforceWednesday. Here’s the week’s top workforce management and employment law news:

CDC Issues Office Building Reopening Guidance

The Centers for Disease Control has issued guidance for employers reopening office buildings. The guidance includes suggestions for daily screenings, staggered shifts, and social distancing measures. Review the guidelines here - cdc.gov/coronavirus/2019-ncov/community/office-buildings.html

OSHA Steps Up COVID-19 Response

The Occupational Safety and Health Administration has announced plans to increase on-site inspections, and last week the agency testified to a House subcommittee that it has issued its first virus-related citation. OSHA also recently announced that it would require all employers to investigate employee COVID-19 confirmed cases and record and report “work-related” cases. Learn more - workforcebulletin.com/2020/05/21/osha-reinstates-enforcement-guidance-for-recording-covid-19-cases-and-general-investigation-response-plan-procedures/

DOL Issues “Fluctuating Workweek” Final Rule

The Department of Labor has issued a final rule clarifying that bonuses, commissions, and other additional compensation are permitted under the so-called "fluctuating workweek" method of payment. Read more - wagehourblog.com/2020/05/articles/dol-enforcement/u-s-department-of-labor-allows-employers-to-give-bonuses-and-other-extra-pay-to-fluctuating-workweek-employees/

Other Highlights

PPP Borrowers: Beware of FCA Liability

Given the amount of money disbursed, and the haste with which many employers sought loans, the Paycheck Protection Program will likely provide fertile ground for False Claims Act litigation. Accordingly, borrowers should review their applications and document the basis for any loan request, the uses for any loan proceeds, and any forgiveness request. Dive deeper - workforcebulletin.com/2020/06/01/for-the-unwary-paycheck-protection-program-may-create-false-claims-act-liability/

“Dual-Marked” Ballots Tossed Out

A recent National Labor Relations Board decision makes “dual-marked” ballots void in union-representation elections. The decision applies retroactively to all pending cases in whatever stage, so communications and ballot instructions should be updated. Click for more - shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/nlrb-says-dual-marked-union-election-ballots-are-void.aspx

Stay Up to Date

Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need. Access the resources here - ebglaw.com/coronavirus-resource-center/return-to-work/

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.

A Trending News video from Employment Law This Week®: To support employee mental health, employers have important tools available, such as telemental health benefits, vacation, leave, and the interactive accommodation process. Watch for a few quick tips.

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.