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

The Protecting the Right to Organize (PRO) Act, if enacted, would be the most significant change to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935.

The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.

For more about the PRO Act, join Epstein Becker Green’s webinar on August 5 - ebglaw.com/events/the-pro-act-what-employers-need-to-know/

You can also read more about Jennifer Abruzzo’s confirmation as NLRB general counsel - managementmemo.com/2021/07/26/senate-confirms-biden-nominee-jennifer-abruzzo-as-nlrb-general-counsel-paving-way-for-pro-union-shift/

We invite you to view Employment Law This Week® – learn about significant developments in employment and labor relations 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, we focus on President Biden’s recent push to limit non-compete agreements and finalize key labor and employment appointments.

Biden Executive Order Seeks to Boost Competition

President Biden has issued an expansive executive order, which aims to boost competition across the U.S. economy, lower prices for consumers, and increase pay for workers. The order encourages federal action to ban or limit non-compete agreements, reigniting a policy debate which raged at the end of the Obama administration over when and how non-competes can be enforced. Learn more - tradesecretsandemployeemobility.com/2021/07/articles/non-compete-agreements/biden-issues-executive-order-encouraging-federal-action-to-limit-or-ban-non-compete-agreements/

New Guidance on the NY HERO Act

The New York Department of Labor has published its model safety plans under the new HERO Act, starting the clock for all Empire State employers to adopt airborne infectious disease exposure plans. Read more - ebglaw.com/news/new-york-state-department-of-labor-releases-ny-hero-act-model-safety-plans-employers-have-30-days-to-adopt-conforming-plans/

Senate Moves Forward on Biden Nominees

A flurry of employment related federal nominees have recently been approved or advanced by the U.S. Senate.

Other Highlights

Should Virtual Depositions Survive?

As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises—which, if any, COVID-19 practices should continue to be utilized? Virtual depositions can remain an effective tool for litigators, and the critical considerations in determining whether to continue using this mechanism will hinge on the purpose of the deposition and the stature of the particular witness. Here’s more - commerciallitigationupdate.com/2021/07/07/should-virtual-depositions-survive-the-pandemic-the-answer-is-yes-and-no/

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 Stuart Gerson, Member of the Firm:

The Supreme Court employment law decisions from the term ending July 1, 2021, and a look ahead.

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, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor.

Employers Implement Mandatory Vaccination Policies

Mandatory vaccine policies are on the rise. A month after the Equal Employment Opportunity Commission released updated guidance on mandatory vaccination policies, an increasing number of employers have started introducing these mandates. Courts are also weighing in—a Texas District Court recently affirmed a hospital’s mandatory vaccination policy - healthemploymentandlabor.com/2021/06/24/federal-court-affirms-hospitals-mandatory-covid-19-vaccination-policy/.

DOL Brings Back Tipped Worker 80/20 Rule

The Department of Labor (DOL) has proposed a new rule that would once again regulate the amount of time a tipped employee can spend on non-tipped work. The Trump DOL previously withdrew the 80/20 rule. Learn more - wagehourblog.com/2021/06/articles/dol-enforcement/back-to-the-future-the-u-s-department-of-labor-proposes-new-tip-credit-rule-reinstating-old-standard/.

Supreme Court Rules Against Organized Labor

In a blow to organized labor, the U.S. Supreme Court has ruled that a California law allowing union organizers to meet with agricultural workers on an owner’s property is unconstitutional. The court found that the law amounts to a taking of the owner’s property without just compensation. Click for more - linkedin.com/pulse/scotus-today-surprising-consensus-under-strong-chief-justice-gerson/.

Other Highlights

Increasing Scrutiny of No-Poach Agreements

The crackdown on unlawful no-poach agreements has made it to the state level. An Illinois court recently denied a motion to dismiss a state action against a manufacturing company and three staffing agencies that allegedly entered into unlawful no-poach and wage-fixing agreements. Read more about the case - tradesecretsandemployeemobility.com/2021/06/articles/non-compete-agreements/illinois-attorney-generals-office-on-the-lookout-for-unlawful-no-poach-agreements/.

NLRB Memo on COVID-19 Policy Complaints

A recent National Labor Relations Board advice memorandum indicates employee questions and complaints regarding COVID-19 safety policies and practices are unlikely to constitute protected concerted activity unless the questions and complaints are intended to improve conditions of employment and occur in a group setting or on behalf of, or in concert with, other employees. Here’s more - managementmemo.com/2021/06/25/nlrbs-division-of-advice-concludes-that-employees-covid-19-policy-complaints-are-not-protected-concerted-activity/.

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 Liz Houghton, Associate:

Federal agencies and states across the country are adjusting or removing COVID-19 restrictions as we enter the next phase of the pandemic. What can employers expect as we move forward?

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.