1. This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for in 2022.

    Sixth Circuit Prepares to Review OSHA Vaccine ETS

    Last week, the Sixth Circuit was selected by lottery to hear the consolidated legal challenge to the Biden administration’s OSHA “vaccine or test” mandate for large employers. Prior to the lottery, OSHA was enjoined by the Fifth Circuit from enforcing the mandate. While OSHA has announced that it is suspending enforcement for the time being, the deadlines for compliance, December 5 and January 4, remain in effect. Read more - workforcebulletin.com/2021/11/15/circuit-court-stays-enforcement-of-oshas-emergency-temporary-standard-and-osha-complies-more-developments-anticipated-this-week/

    Federal Agencies Join Forces Against Retaliation

    Federal agencies—the Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission—are launching a joint initiative to investigate unlawful conduct by employers and raise awareness around workplace retaliation. Learn more - workforcebulletin.com/2021/11/17/joint-initiative-of-ending-retaliation-and-promoting-workers-rights-promises-more-aggressive-enforcement-of-federal-anti-retaliation-laws/

    New York Increases Protections for Employees

    Starting January 26, 2022, New York will expand whistleblowing protections for employers beyond health care fraud and public health and safety concerns, in order to combat retaliation. Click here for more about the amendment - ebglaw.com/insights/whistleblower-protections-for-employees-expand-in-new-york/

    Also, effective May 2022, New York employers will need to notify employees with written notice when monitoring their phone calls, emails, or internet use. As employers update their handbooks and policies, these new requirements should be implemented.

    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/

    New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements
    Insight
    Jennifer Nutter, Nancy Gunzenhauser Popper, Vidaur Durazo & Kamil Gajda
    ebglaw.com/insights/new-california-law-further-restricts-confidentiality-provisions-in-employment-settlement-and-separation-agreements/

    New York City Regulates Workplace Artificial Intelligence Recruitment and Selection Tools
    Workforce Bulletin
    Adam S. Forman, Nathaniel M. Glasser, Matthew Savage Aibel, Alison E. Gabay & Kamil Gajda
    workforcebulletin.com/2021/11/18/new-york-city-regulates-workplace-artificial-intelligence-recruitment-and-selection-tools/

    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.

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  2. A Trending News interview from Employment Law This Week®, featuring attorney Frank Morris, Member of the Firm:

    On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers. The rule became effective on November 5, 2021.

    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. A Trending News interview from Employment Law This Week®, featuring Senior Counsel Fran DeLuca and Associate Erin Schaefer:

    Large employers are beginning preparations to comply with OSHA’s vaccine-or-test ETS. Here, a look at what steps employers can take and what additional obligations unionized employers may face.

    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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  4. A Trending News interview from Employment Law This Week®, featuring attorneys Nancy Gunzenhauser Popper and Robert O’Hara, Members of the Firm:

    On November 4, OSHA released its much-anticipated Emergency Temporary Standard or ETS, covering vaccine, testing and related requirements for most employers with at least 100 employees. The challenges began right away, but employers are beginning preparations to meet deadlines in early December and January.

    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. This week, government agencies at both the federal and state level are preparing for the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS).

    Employer Anticipation Builds for OSHA ETS

    All eyes are on DC as the wait continues for OSHA's COVID-19 Vaccination and Testing ETS, for employers with 100 or more employees. Last week, the Office of Information and Regulatory Affairs (OIRA) held more than 100 meetings with stakeholders to aid in its review of OSHA’s proposed ETS. OIRA completed its review on Monday, and the ETS is expected to be released imminently.

    OSHA Cracks Down on States

    OSHA has sent warning letters to Arizona, Utah, and South Carolina regarding the agency’s COVID-19 health care ETS, released in June of this year. These three states operate their own OSHA state plans but have yet to adopt a health care ETS that is at least as protective as the agency’s. Some see OSHA’s warning as a sign of increased enforcement with the coming vaccine ETS.

    EEOC Updates Guidance for Religious Accommodations

    Last week, the Equal Employment Opportunity Commission (EEOC) added a section to its COVID-19 guidance focused on religious exemptions for mandatory vaccine policies. Read more about the updated guidance - workforcebulletin.com/2021/10/27/eeoc-updates-covid-19-guidance-to-address-vaccine-mandate-religious-exemptions/

    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/

    New York DOL Issues FAQs on Recreational Cannabis – Guidance for Employers
    Workforce Bulletin
    Steven Swirsky; Nathaniel Glasser; Eric Emanuelson, Jr.; Jenna Russell; Kamil Gajda
    workforcebulletin.com/2021/11/01/new-york-dol-issues-faqs-on-recreational-cannabis-guidance-for-employers/

    Non-Compete Laws: Massachusetts – Q&A Guide for Employers 2021 Update
    Thomson Reuters Practical Law
    David Clark
    2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2021/11/2021Non-Compete-Laws-Massachusetts-1-505-9160.pdf

    Non-Compete Laws: Illinois – Q&A Guide for Employers 2021 Update
    Thomson Reuters Practical Law
    David Clark, Peter Steinmeyer
    2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2021/11/2021Non-Compete-Laws-Illinois-7-505-8898.pdf

    Time Is Money: A Quick Wage-Hour Tip on … New York’s New Rule on Contractors’ Liability for Subcontractor Employee Wages
    Workforce Bulletin
    Edward Yennock
    wagehourblog.com/2021/11/articles/flsa-coverage/time-is-money-a-quick-wage-hour-tip-on-new-yorks-new-rule-on-contractors-liability-for-subcontractor-employee-wages/

    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.

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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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