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.

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.

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.