Welcome to #WorkforceWednesday. We look at how workplace guidance is changing as COVID-19 surges and the executive orders most likely to be reversed by the new administration.

New York Revises COVID-19 Travel Advisory

New York will now allow travelers to "test out" of the 14-day quarantine mandate after travel. This “testing out” protocol applies to people traveling to New York from anywhere across the United States and international travelers coming from a CDC Level 2 or 3 country. (Travelers from states contiguous with New York and essential workers are exempt from this protocol.) Read more - ebglaw.com/news/revamped-new-york-covid-19-travel-advisory-allows-individuals-to-test-out-of-14-day-quarantine-mandate/

California Expands COVID-19 Workplace Exposure Notification Requirements

Effective January 1, 2021, California employers must inform employees of a potential workplace exposure within one business day of receiving notice of potential exposure.

Trump Executive Orders Face Reversal

There is a growing consensus that President-Elect Biden’s new administration will reverse several of President Trump’s executive orders that impact employers, including orders that substantially impaired H1-B sponsorship - ebglaw.com/news/november-2020-immigration-alert/

Other Highlights

Rolling Back to Stricter COVID-19 Rules

Dive deeper on updated COVID-19 restrictions in a few jurisdictions:

· DMV: District of Columbia, Maryland and Virginia Tighten Business Restrictions - workforcebulletin.com/2020/11/16/slowdown-in-the-dmv-district-of-columbia-maryland-and-virginia-tighten-business-restrictions-as-covid-19-cases-climb/

· Michigan’s Three Week “Pause” and Office-Based Enforcement - workforcebulletin.com/2020/11/17/michigan-covid-19-workplace-updates-three-week-pause-and-office-based-enforcement/

Now Required in NY: Additional WARN Act Notifications

Effective last week, employers must send notice of a New York WARN Act triggering event, such as a mass layoff, to an expanded list of governmental entities. Click for the full list - ebglaw.com/news/new-york-amends-state-warn-act-to-require-additional-notifications/

Europe Issues Guidance on Cross-Border Data Transfers

The European Data Protection Board issued eagerly awaited guidance for complying with the requirements of the General Data Protection Regulation. Learn more - workforcebulletin.com/2020/11/12/the-european-data-protection-board-issues-guidance-on-cross-border-data-transfers/

WORKFORCE (re)imagined.

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/returntowork

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.

Voters in New Jersey, Arizona, Montana, and South Dakota approved adult recreational marijuana use. South Dakota and Mississippi also legalized medicinal marijuana.

Employers should review workplace drug and testing policies and may also need to provide reasonable accommodations for medical marijuana users going forward.

Read more - workforcebulletin.com/2020/11/06/get-out-the-toke-state-ballot-initiatives-legalize-marijuana-and-more/

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 attorneys Amy Ramsey and Kevin Sullivan, Members of the Firm:

California voters approved Proposition 22 on Election Day, allowing app-based transportation and delivery drivers to maintain independent contractor status. These drivers are now exempted from Assembly Bill 5, which changed worker classification standards.

We invite you to view Employment Law This Week® – learn about significant 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, workplace safety and liability issues are top of mind while employers also look ahead to the tax issues telecommuting will cause this tax season.

OSHA Issues Citations for COVID-19 Workplace Safety

The Occupational Safety and Health Administration has issued its first big wave of workplace safety citations and penalties to more than 100 employers across the country. These citations are the result of investigations from the April-May period and more enforcement activity is expected.

Michigan Enacts Liability Shield for Employers

In October, Michigan became the 16th state to protect employers, as long as they are in compliance with all federal, state, and local regulations around COVID-19. Read more - workforcebulletin.com/2020/10/27/michigan-passes-covid-19-laws-including-a-liability-shield-for-employers-and-enhanced-worker-protections/

New York Publishes Guidance for Telecommuter Taxes

New York has entered the brewing telecommuter tax fight. The state published guidance stating that telecommuters working outside New York must pay New York taxes if their primary office is located in the state. View the state’s updated guidance - tax.ny.gov/pit/file/nonresident-faqs.htm#telecommuting

Other Highlights

Contact Tracing FAQs

Employers face several questions when considering implementation of COVID-19 contact tracing technology in the workplace.

· Here is a detailed list of Frequently Asked Questions - healthlawadvisor.com/2020/10/27/privacy-and-security-considerations-for-employers-grappling-with-introducing-social-distancing-and-contact-tracing-technologies-in-the-workplace/

· Here is more information for multinational employers - workforcebulletin.com/2020/11/02/evolving-considerations-for-multinational-employers-covid-19-contact-tracing-applications/

Paid Sick Leave Updates

· New York has finally issued guidance on the State’s Paid Sick Leave Law. In response, New York City also updated its Earned Safe and Sick Time Act notice. Learn more - ebglaw.com/news/sick-and-safe-leave-nys-releases-faqs-and-nyc-issues-notice/

· Washington, D.C., employers must now provide both paid and unpaid leave under the new District of Columbia Coronavirus Support Temporary Amendment Act of 2020 - workforcebulletin.com/2020/10/30/dont-be-spooked-d-c-covid-19-leave-law-is-in-effect-and-will-be-enforced/

Stay Up to Date

Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need. Click here - ebglaw.com/returntowork

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.

Women are disappearing from the workforce in this pandemic. Of the 1.1 million people who left the workforce in September, 865,000 were women.

And the trend is expected to continue.

One of the primary reasons: the child care crisis. The pandemic has closed many schools and daycares, and women are most often shouldering the burden.

Employers fear this could undo recent progress and affect workforce equity for years to come. Employers can make it easier for their female employees to remain in the workforce with: open communication, flexible time off, remote work policies, mentor programs, affinity groups, and employee benefits, like on-site child care and fringe benefits.

Employers evaluating policies and implementing programs to assist employees in need should understand the legal issues and requirements involved in doing it the right way.

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.