A Trending News interview from Employment Law This Week®, featuring attorney Frank Morris, Member of the Firm:

As the COVID-19 vaccine becomes more available, employers are considering options to help ensure that their employees get vaccinated. Here is a look at the benefits and restrictions of incentive programs.

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.

This week, President Biden takes office, making combatting COVID-19 his top priority. Employers are also planning ways to incentivize employee vaccination.

Biden Proposes $1.9 Trillion Spending Package

Last week, President Biden released a wide-ranging plan for combating the next medical and economic stages of the COVID-19 pandemic. His “American Rescue Plan” includes $400 billion for testing and vaccines, direct payments of $1,400 per eligible individual, and a $400/week unemployment benefit supplement extended through September. The plan would also expand and extend COVID-19-related paid leave. Read about the details of the plan - workforcebulletin.com/2021/01/19/whats-in-president-elect-bidens-covid-19-american-rescue-plan/

Dollar General to Pay Employees to Get Vaccinated

Dollar General announced last week that employees who are vaccinated against COVID-19 will receive four hours of extra pay. With 157,000 employees, the dollar store giant is the first large company to incentivize vaccinations with direct cash payments, and now a number of companies are following suit. Plan your vaccination program and policies - workforcebulletin.com/2020/12/17/eeoc-updates-covid-19-guidance-on-employer-administered-or-mandated-vaccinations/

New EEOC Conciliation Process

The Equal Employment Opportunity Commission (EEOC) aims to settle more cases through conciliation with a new final rule. The rule requires the agency to disclose during presuit settlement talks which violations an employer is alleged to have committed, the legal basis for those allegations, and the rationale behind the dollar amounts the EEOC would accept in settlement.

Other Highlights

“ABC” Test Applies Retroactively in CA

Last week, the California Supreme Court concluded that the “ABC” test for determining independent contractor status that was established in the court’s 2018 Dynamex decision applies retroactively. Read more about what this means for pending lawsuits - wagehourblog.com/2021/01/articles/california-wage-hour-law/california-supreme-court-concludes-that-dynamex-applies-retroactively/

Plan Now for the CPRA’s Enhanced Cybersecurity Safeguards

Compliance with the California Privacy Rights Act’s (CPRA’s) enhanced cybersecurity safeguards will require significant lead time and should include an analysis of supply chain, internal system, and workforce risks to all categories of personal information. Organizations should consider the need for contractual safeguards, as well as determine the cybersecurity safeguards and risk assessment and audit processes that may need to be adopted in light of the CPRA. Learn more - workforcebulletin.com/2021/01/14/organizations-should-plan-in-2021-to-comply-with-the-california-privacy-rights-acts-enhanced-cybersecurity-safeguards/

Employers Can Help Pay Student Loans

The $900 billion stimulus package signed on December 27, 2020, known as the “Heroes Act,” extends student loan assistance under Internal Revenue Code Section 127 for five years. Accordingly, employers may now pay employees up to $5,250 per year towards qualified educational expenses, student loan repayments (both principal and interest), or a combination of both—tax free—until December 31, 2025. Click for more - workforcebulletin.com/2021/01/15/under-the-heroes-act-employers-can-help-pay-your-student-loans/

WORKFORCE (re)imagined.TM

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/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 attorney David Garland, Member of the Firm:

President-Elect Biden has chosen Marty Walsh to serve as Labor Secretary in his administration. Walsh is Boston’s mayor and a former top union leader.

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.

A Trending News interview from Employment Law This Week®, featuring attorney Robert O’Hara, Member of the Firm:

What can employers expect from the Equal Employment Opportunity Commission under President Biden?

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 our first #WorkforceWednesday of 2021! The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace.

Workplace Safety and Return to Work

Workplace safety has been a major priority from the start of the pandemic, and return-to-work planning has been a moving target amid surges across the country. The end of the year brought welcome news on the vaccine front, which raises important issues around Americans with Disabilities Act and Equal Employment Opportunity Commission compliance - workforcebulletin.com/2020/12/17/eeoc-updates-covid-19-guidance-on-employer-administered-or-mandated-vaccinations/.

Privacy, Cybersecurity, and Remote Work

With shifts in workplace policies and guidelines came new cybersecurity issues. What was a challenge in the office became a herculean effort with a remote workforce. With more employees returning to work in 2021, employers are seeking to balance workplace safety with privacy concerns around personal information.

Employee Leave and Benefits

As the virus spread, federal and state legislation required additional employee leave and benefits. Already, lawmakers have granted employers the ability to extend emergency paid sick leave through March 31, 2021 – workforcebulletin.com/2020/12/30/employers-may-choose-to-extend-paid-ffcra-leave-through-march-31-2021/.

Employers also took it upon themselves to offer new benefits and wellness offerings to help employees grappling with the pressures of the pandemic.

Other Highlights

New Year, New President, New Wage-Hour Issues

As President-Elect Biden’s inauguration nears, employers are closely watching key wage-hour issues that are likely to change, including the federal minimum wage, the criteria for classifying independent contractors, the joint-employer rule, and the use of class and collective action waivers. Read more - wagehourblog.com/2021/01/articles/general-wage-hour/time-is-money-a-quick-wage-hour-tip-on-a-new-president/.

Updates from the States

· Before the New Year, business groups in California sued Cal-OSHA to stop the implementation or enforcement of the agency’s sweeping COVID-19 requirements. Despite these challenges, unless and until the regulations are withdrawn, invalidated, or expire, there could be consequences for noncompliance - ebglaw.com/news/california-imposes-sweeping-covid-19-requirements-on-employers-related-to-prevention-notification-reporting-testing-mandatory-quarantine-periods-and-pay-continuation/.

· New Jersey may grant businesses in the state immunity from lawsuits related to workers' or customers' exposure to COVID-19. Read more (subscription required) - law360.com/employment-authority/articles/1339339/new-jersey-regulation-and-legislation-to-watch-in-2021.

· New York has enacted a law requiring that single-occupancy restrooms be gender-neutral. Employers should prepare by ensuring that all single-occupancy restrooms on their premises are clearly designated as gender-neutral. Click for more - workforcebulletin.com/2020/12/29/new-york-enacts-law-requiring-single-occupancy-restrooms-be-gender-neutral/.

WORKFORCE (re)imagined.TM

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