Welcome to #WorkforceWednesday. This week, we look at the return to Obama-era employment and labor policies, with a key difference: unionization.

Biden DOL Takes an Obama-Era Approach

Recent action from the Department of Labor (DOL) has signaled a strategy of reverting back to a slew of Obama-era policies. One such rollback is the withdrawal of the final independent contractor rule - wagehourblog.com/2021/05/articles/dol-enforcement/dol-withdraws-independent-contractor-rule

President Biden Signs Pro-Union Executive Order

While much of the DOL action is reminiscent of the Obama era, a key difference is the president himself. Biden is largely considered the most pro-union American president in decades. Learn more about his recent union-friendly executive order - managementmemo.com/2021/04/28/president-biden-creates-task-force-to-help-unions-organize-your-workforce/

States Split on Workplace Vaccine Policy Regulations

Texas and Florida, among other states, have banned businesses from requiring so-called “vaccine passports” for entry. At the same time, New York’s Excelsior Pass offers residents a digital vaccine passport to simplify proof of vaccination. States also differ in their approach to paid time off for vaccination. Read more - wagehourblog.com/2021/05/articles/coronavirus-covid-19/time-is-money-a-quick-wage-hour-tip-on-providing-paid-time-off-for-covid-19-vaccinations/

Other Highlights

Making Anti-Harassment Training More Effective

As remote and hybrid work continues, employers are looking to make annual anti-harassment training more effective. Attorney Susan Gross Sholinsky discussed some training tips with Law360. Read the article - subscription may be required – law360.com/employment-authority/articles/1381678

New York City Requires Sexual Harassment Disclosures for Contractors

Human services providers that contract with New York City are now required to make disclosures related to sexual harassment, including information on company policies, reporting procedures, and complaints. Here’s more - workforcebulletin.com/2021/05/11/new-york-city-to-require-sexual-harassment-disclosures-for-human-services-contractors/

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 attorneys Jennifer Barna, Senior Counsel, and Nathaniel Glasser, Member of the Firm: 

While the Equal Employment Opportunity Commission says that employers can institute mandatory vaccination policies, there are many legal considerations that come with those policies, especially as more employees return to work. And employers who do not mandate vaccines are wondering what workplace rules they can implement without legal risk. 

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.

With the American Rescue Plan, President Biden is finishing his first 100 days in office with the implementation of this landmark legislation that aims to help ease economic stress caused by the COVID-19 pandemic. How does the plan affect employers?

Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration.

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.

You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

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.

Welcome to #WorkforceWednesday. This week, several COVID-19 vaccine news developments and updates were announced for employers.

Paid Leave Tax Credit for Employers

President Biden recently announced employers that offer full pay to workers for vaccinations and recovery may be entitled to a paid leave tax credit.

EEOC Promises Guidance on COVID-19 Vaccine Incentive Programs

EEOC acting legal counsel Carol Miaskoff said recently that the agency will release guidance on vaccine incentive programs.

OSHA Offers Guidance on Vaccine Reaction Reporting

Guidance from OSHA states that only employers that mandate vaccines are required to record adverse reactions. This applies to all employers that penalize employees with employment consequences if they don’t get vaccinated.

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.

Welcome to #WorkforceWednesday. This week, employers continue waiting on the Occupational Safety and Health Administration’s (OSHA’s) COVID-19 emergency temporary standard as retaliation claims rise.

Secretary of Labor Puts OSHA's COVID-19 ETS on Hold

Secretary of Labor Marty Walsh has requested a hold on OSHA’s COVID-19 Emergency Temporary Standard (ETS), pending an update based on the latest scientific analysis. Listen to last week’s Employers and the New Administration podcast to learn what’s expected in the ETS – ebglaw.com/eltw205

COVID-19 Retaliation Claims Increase

According to Bloomberg Law, there have been over 300 COVID-19-related retaliation claims filed with OSHA so far this year, with 34 filed in the last month.

CDC Releases Guidance on Increasing Employee Vaccinations

The Centers for Disease Control and Prevention (CDC) has released guidance on steps for encouraging employee vaccinations. The agency recommends that employers train “vaccination ambassadors” to increase vaccine acceptance in the workplace. Learn more - shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/Pages/coronavirus-vaccination-ambassadors.aspx

Other Highlights

Long-Awaited Website Accessibility Ruling

The U.S. Court of Appeals for the Eleventh Circuit finally issued its long-anticipated ruling in Gil v. Winn-Dixie Stores, holding that websites are not covered as places of public accommodation under Title III of the Americans with Disabilities Act. Read the top three takeaways from the case - workforcebulletin.com/2021/04/08/the-eleventh-circuit-finally-breaks-its-silence-on-website-accessibility-but-was-its-decision-worth-the-wait/

Arbitration Agreements Can Remain Confidential, for Now

The recent decision by the National Labor Relations Board (NLRB) in Dish Network, LLC means that, at least for now, employers and employees may agree on conducting their dispute resolution on a confidential basis without violating the National Labor Relations Act. But, with the NLRB set to flip again to Democrat control as current appointees’ terms expire, businesses wishing to utilize confidentiality provisions should account for the distinct possibility that the NLRB will overturn Dish Network, LLC and similar decisions. Click for more - managementmemo.com/2021/04/08/nlrb-holds-arbitration-agreements-can-remain-confidential-for-now/

What We’re Reading

“Return-to-Work Mandates Tested in ACLU’s South Carolina Case,” a Bloomberg Daily Labor Report article, featuring attorney Nancy Gunzenhauser Popper - news.bloomberglaw.com/daily-labor-report/return-to-work-mandates-tested-in-aclus-south-carolina-case

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.