1. This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the Securities and Exchange Commission (SEC).

    OSHA Readies Vaccine Mandate ETS

    President Biden is embracing vaccine mandates in his new COVID-19 action plan. Among other mandates, the plan includes a new OSHA-enforced requirement that employers with 100 or more employees mandate vaccines or test employees weekly. Read more about the new requirements - workforcebulletin.com/2021/09/10/mandatory-vaccinations-are-coming-for-many-employees-nationwide/

    First EEOC Remote Work Lawsuit Alleges Disability Discrimination

    The Equal Employment Opportunity Commission has brought suit alleging disability discrimination under the Americans with Disabilities Act. This is the first COVID-19-related remote work case where the agency itself has initiated legal action during the pandemic.

    SEC Whistleblower Program Tops $1 Billion in Awards

    Last week, the SEC announced two whistleblower awards that totaled $114 million. With these awards, the SEC’s whistleblower program has now awarded over $1 billion to whistleblowers since its first award in 2012. “For employers, this is a clarion call that you need to embrace best practices and training,” said attorney Greg Keating in The Wall Street Journal. Read more - wsj.com/articles/sec-issues-114-million-to-two-whistleblowers-11631749599

    Other Highlights

    COVID-19 WORKFORCE (re)sources

    Click here to see what state and local governments have done to address the COVID-19 pandemic this week - ebglaw.com/government-resources-coronavirus-resource-center/

    Attorney-Client Privilege & Employee-to-Employee Communications
    Bloomberg Law Professional Perspective
    Francesco DeLuca, Alicia Maziarz
    ebglaw.com/wp-content/uploads/2021/09/DeLuca-Maziarz-Bloomberg-Professional-Perspective-Sept2021-Attorney-Client-Privilege-Employee-to-Employee-Communications.pdf

    7 Rules of the Road for Halting Harassment
    Halting Harassment
    Preview our course and sign up for a free demo - ebglaw.com/insights/halting-harassment-7-rules-of-the-road/

    WORKFORCE (re)imagined.TM

    Click here to find out how we can help with return-to-work or hybrid workforce issues - 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/611134965 Uploaded 1 Views 0 Comments
  2. A Trending News interview from Employment Law This Week®, featuring attorneys Kate Rigby and Adam Tomiak, Members of the Firm:

    On September 9, 2021, President Biden laid out a new COVID-19 action plan. The plan is estimated to impact two-thirds of the country’s workforce.

    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.

    # vimeo.com/605154997 Uploaded 1 Views 0 Comments
  3. This week, we look at the renewed focus on mandatory vaccination policies and how those policies may need to shift in light of COVID-19 booster shots.

    President Biden Calls on Employers to Mandate Vaccines

    Shortly after the U.S. Food and Drug Administration granted full approval of the Pfizer vaccine for those 16 and older, President Biden encouraged private employers to "step up" their vaccination requirements.

    COVID-19 Booster Shots Raise Employment Issues

    Employers with mandatory vaccine policies must now decide whether they will also mandate the booster shots. Some may have to adjust the definition of terms like "fully vaccinated" and designate recommendations versus requirements.

    EEOC Delays EEO-1 Collection Deadline

    August 23rd would have been the deadline for submitting 2019 and 2020 EEO-1 Component 1 data. But on August 18th, the U.S. Equal Employment Opportunity Commission announced that it pushed the cutoff date to October 25, 2021.

    Other Highlights

    COVID-19 WORKFORCE (re)sources
    Click here to see what state and local governments have done to address the COVID-19 pandemic this week - ebglaw.com/government-resources-coronavirus-resource-center/

    Employers with Illinois Employees: Revise Form Noncompete and Nonsolicitation Provisions Before January 1, 2022 -
    ebglaw.com/insights/employers-with-illinois-employees-revise-form-noncompete-and-nonsolicitation-provisions-before-january-1-2022/
    Insight
    Peter Steinmeyer, Brian Spang

    Washington, D.C. Postpones Ban on Non-Competes - workforcebulletin.com/2021/08/26/washington-d-c-postpones-ban-on-non-competes/
    Workforce Bulletin
    Nathaniel Glasser, Brian Steinbach, Maxine Adams, Eric Emanuelson

    Employers, Take Note: Rhode Island Amends Equal Pay, Whistleblower, and Temporary Caregiver Laws -
    ebglaw.com/insights/employers-take-note-rhode-island-amends-equal-pay-whistleblower-and-temporary-caregiver-laws/
    Insight
    Katherine Rigby, Gregory Keating, Francesco DeLuca, with Ashley Krezmien

    Time Is Money: A Quick Wage-Hour Tip on … Compensability (or Not) of COVID Screening - wagehourblog.com/2021/08/articles/wage-and-hour-policies/time-is-money-a-quick-wage-hour-tip-oncompensability-or-not-of-covid-screening/
    Wage and Hour Defense Blog
    Adriana Kosovych

    WORKFORCE (re)imagined.TM
    Click here to find out how we can help with return-to-work or hybrid workforce issues - 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/595567954 Uploaded 2 Views 0 Comments
  4. A Trending News interview from Employment Law This Week®, featuring attorneys Robert O’Hara, Member of the Firm, and Neresa De Biasi, Associate:

    OSHA recently updated its COVID-19 guidance for employers to align with the CDC’s most recent recommendations on masking and testing for fully vaccinated individuals. Employers should consider this new OSHA guidance in light of the FDA’s recent grant of full approval of the Pfizer BioNTech vaccine.

    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.

    # vimeo.com/591874182 Uploaded 0 Views 0 Comments
  5. This week, we look at how the COVID-19 Delta variant is shifting employer vaccination policies and how that shift is conflicting with regulations in some states.

    The Shift to Mandatory Vaccinations

    The Delta variant of COVID-19 is fueling another new chapter of the pandemic: mandates. Recent federal and state action is driving a trend toward employers mandating vaccines. Read more about state action in two states:

    · California - ebglaw.com/insights/now-california-actually-mandates-that-health-care-workers-get-the-covid-19-vaccine-and-sets-deadline/

    · New Jersey - healthemploymentandlabor.com/2021/08/11/new-jersey-mandates-covid-19-vaccination-or-weekly-testing-for-workers-in-health-care-and-congregate-settings/

    States Hold Firm with Passport and Mandate Bans

    While the trend is shifting back toward greater caution regarding COVID-19, states like Florida and Texas are sticking with bans on vaccine mandates and proof of vaccination requirements.

    DOL Wage and Hour Chief Nominee Stalled in Committee

    In an 11-11 party-line tie, the Senate labor committee is deadlocked on approving David Weil’s return to the Department of Labor as the Wage and Hour Division Administrator, a post he held under the Obama administration.

    Other Highlights

    COVID-19 WORKFORCE (re)sources

    Click here to see what state and local governments have done to address the COVID-19 pandemic this week - ebglaw.com/government-resources-coronavirus-resource-center/

    Employers Tiptoeing into TikTok Hiring: Beware, Attorneys Say - news.bloomberglaw.com/daily-labor-report/employers-tiptoeing-into-tiktok-hiring-beware-attorneys-say
    Bloomberg Law Daily Labor Report
    Adam Forman Quoted

    How Can Companies in the Health Care and Life Sciences Industries Strengthen Their Cybersecurity Posture? – ebglaw.com/insights/how-can-companies-in-the-health-care-and-life-sciences-industries-strengthen-their-cybersecurity-posture/
    Diagnosing Health Care Podcast
    Andrew Morrison, Alaap Shah, and Jessika Tuazon

    WORKFORCE (re)imagined.TM

    Click here to find out how we can help with return to work or hybrid workforce issues - 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/588823554 Uploaded 1 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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