1. This week, we look at leadership changes and new religious guidance from the Equal Employment Opportunity Commission (EEOC).

    Biden EEOC Takes Shape

    The Biden EEOC is taking shape, with Democratic Commissioner Charlotte Burrows stepping in as the new EEOC Chair. Commissioner Jocelyn Samuels, also a Democrat, will serve as the new Vice Chair.

    EEOC Revises Religious Guidance

    Meanwhile, the EEOC’s Republican majority pushed ahead with revised religious guidance, updated to reflect several U.S. Supreme Court decisions. The guidance addresses reasonable accommodations for employees with sincerely held religious beliefs and includes an analysis of what constitutes an undue hardship for an employer.

    President Biden Repeals Diversity Training Ban

    In one of his Day One Executive Actions, President Biden rescinded former President Trump's anti-bias training ban. Federal contractors have 60 days to adjust their training programs. Click for more - workforcebulletin.com/2021/02/03/president-biden-revokes-trump-administrations-workplace-diversity-training-restrictions/

    Other Highlights

    $15 Minimum Wage for Federal Employees

    In other news for federal contractors, President Biden instructed the Office of Personnel Management to make recommendations to promote a $15/hour minimum wage among federal employees, including contractors. Read more - wagehourblog.com/2021/01/articles/wage-and-hour-policies/biden-administration-proposes-raising-minimum-wage-for-federal-employees-and-contractors/

    “Just Cause” Employee Termination Laws Gain Traction in Certain Sectors

    New York City and Los Angeles have now enacted laws that have created “just cause” requirements for employers in certain industries. Attorney David Prager speaks with Bloomberg about LA’s “right of recall” ordinance, which has imposed de facto “just cause” requirements for employers in industries like travel and events that have laid off workers amid the pandemic. Learn more - news.bloomberglaw.com/daily-labor-report/nyc-fast-food-worker-law-shines-light-on-just-cause-policies

    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.

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  2. 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.

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  3. 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.

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  4. 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.

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  5. 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.

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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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