1. It’s #WorkforceWednesday! This week, we look at the ways in which states are relaxing COVID-19 restrictions and discuss the much-anticipated Occupational Safety and Health Administration (“OSHA”) emergency temporary standard.

    States Adjust COVID-19 Regulations to Align with CDC Guidance

    States are relaxing or lifting COVID-19 regulations in different ways to align with the latest guidance from the Centers for Disease Control and Prevention (“CDC”), causing confusion for many employers. The CDC’s guidance does not provide a recommended mechanism for confirming vaccine status, which is also leading to different regulations in different states. Read more about the changes in:

    · California - workforcebulletin.com/2021/06/11/cal-osha-sends-shock-waves-throughout-california-by-withdrawing-revised-emergency-temporary-standards-that-would-have-relaxed-some-rules-for-fully-vaccinated-employees/

    · Illinois – workforcebulletin.com/2021/06/16/covid-re-opening-phase-5-what-now-for-illinois-and-chicago-businesses/

    · New York - governor.ny.gov/news/governor-cuomo-announces-covid-19-restrictions-lifted-70-adult-new-yorkers-have-received-first

    OSHA Releases COVID-19 ETS for Health Care

    OSHA has released its much-anticipated COVID-19 emergency temporary standard for health care workers – ebglaw.com/news/osha-issues-covid-19-emergency-temporary-standard/. The standard requires health care employers to maintain social distancing policies as well as offer time off for employee vaccination and recovery.

    The agency also released guidance for other industries, outside of health care, to help maintain safety for unvaccinated workers - ebglaw.com/news/osha-issues-updated-guidance-for-most-non-health-care-employers-and-businesses/.

    Other Highlights

    Anti-Money Laundering Act and Internal Complaints

    The Anti-Money Laundering Act, which took effect this year, extends whistleblower protections to internal complaints and compliance professionals. For counsel and compliance professionals the new law raises legal and business ethics concerns. Here’s more - shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/amla-whistleblowers.aspx

    CT Broadens Equal Pay Law

    A new Connecticut law, signed last week, broadens the state’s equal pay law, adding “credential, skill, or geographic location,” to the list of bona fide factors other than sex employers can utilize when assessing differentials in pay. CT employers should consider conducting a pay audit in advance of the October 1, 2021, effective date. Click for more – ebglaw.com/news/connecticut-will-require-employers-to-disclose-wage-range-to-applicants-and-employees-and-broadens-equal-pay-law/

    What We’re Reading

    “Is Joint-Employer ABC Test the Next Big Thing?” a Law360 Employment Authority article by Mike Kun. (Read the article – subscription required - law360.com/employment-authority/articles/1393398)

    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 Senior Counsel Avi Bernstein and Lauri Rasnick, Member of the Firm:

    The Equal Employment Opportunity Commission (EEOC) recently updated and expanded its guidance on COVID-19 vaccines and the workplace to cover incentives, accommodations, and mandatory policies.

    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. It’s #WorkforceWednesday! This week, we look at the fallout from the Centers for Disease Control and Prevention’s (CDC’s) change in guidance for fully vaccinated individuals.

    CDC Guidance Causes Uncertainty

    In the wake of the CDC guidance removing mask and distancing recommendations for fully vaccinated people, agencies, states, and employers have adjusted in different ways. Many states, including New York, New Jersey, Connecticut, and Illinois, have updated their guidance to reflect the CDC’s recent pronouncement. But restrictions and mandates still differ widely between states and local jurisdictions. Employers are unsure of how to proceed amid the vague and frequently changing guidance. Here’s more about how New York has adjusted its guidance - workforcebulletin.com/2021/05/21/with-some-adjustments-new-york-adopts-the-cdcs-interim-guidance-for-fully-vaccinated-people/

    Congress Focuses on Employment Protections

    On May 14, the House passed the Pregnant Workers Fairness Act. If the Senate approves the bill, all employees would be entitled to reasonable accommodations for pregnancy, childbirth, and related medical conditions. Congress also recently passed the COVID-19 Hate Crimes Act to address the increase of violence against Asian Americans in the workplace and beyond.

    Other Highlights

    Long-Awaited ARPA COBRA Guidance

    Last week, the Internal Revenue Service issued 86 Q&As as guidance for employers in complying with the American Rescue Plan Act’s COBRA subsidy requirements. Read about the Q&A’s most notable provisions - ebglaw.com/news/irs-guidance-on-arpa-cobra-subsidies-86-qas-and-counting/

    #MeToo in Practice: How Confidential Is Confidential Arbitration?

    Pressure from the #MeToo movement has been significant enough that some employers have recently stopped not only requiring workers to arbitrate sexual harassment and discrimination claims, but also compelling employees to arbitrate any employment-related claims whatsoever. Pre-dispute arbitration agreements, however, can provide both employers and employees with some choice over whether and how to publicize their positions. Click for more - today.westlaw.com/Document/Ifa9778d9b8af11ebbea4f0dc9fb69570/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0&firstPage=true

    Preventing, Defending, and Mitigating Software Supply Chain Attacks

    New government guidance titled “Defending Against Software Supply Chain Attacks” provides recommendations for employers and their vendors regarding supply chain security resilience. Learn more - workforcebulletin.com/2021/05/20/in-the-wake-of-solar-winds-compromise-cisa-and-nist-issue-guidance-for-preventing-defending-and-mitigating-software-supply-chain-attacks/

    What We’re Reading

    · “Hiring from a Competitor: Practical Tips to Minimize Litigation Risk,” a Thomson Reuters Practical Law article by attorney Peter Steinmeyer - ebglaw.com/content/uploads/2021/05/Steinmeyer-Hiring-from-Competitor-Practical-Tips-Minimize-Litigation-Risk-6-566-2609.pdf

    · “No-Poaching Agreements, Wage Fixing, & Antitrust Prosecution,” a Bloomberg Law article by attorney Stuart Gerson - ebglaw.com/content/uploads/2021/05/Bloomberg-Gerson-May2021-eco104913_No_Poaching_Agreements.pdf

    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 attorneys Shira Blank and Susan Gross Sholinsky, Members of the Firm:

    On May 13th, the CDC updated its guidelines to state that it is safe for fully vaccinated people to resume normal activities without masks or social distancing “except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance.” What does this mean for employers?

    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. 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.

    # vimeo.com/548168779 Uploaded 2 Views 0 Comments

Employment Law This Week®

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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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