This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking.

Updated Status of Federal Vaccine Orders

A very divided Supreme Court heard arguments last Friday regarding injunctions on the federal health care vaccine mandate and the vaccine-or-test requirements for employers with 100 or more employees. Read more - healthemploymentandlabor.com/2021/12/29/rare-hearing-by-the-supreme-court-as-to-stays-in-vaccine-mandate-cases/

CDC Shortens Quarantine Recommendations

The Centers for Disease Control (CDC) has shortened the recommended quarantine period for a person who is exposed to or tests positive for COVID-19. The CDC now recommends that asymptomatic people quarantine for five days instead of 10, followed by five days of masking. Here’s more - workforcebulletin.com/2021/12/30/cdc-shortens-recommended-covid-19-isolation-and-quarantine-periods/

The Definition of “Fully Vaccinated”

The CDC's new recommendations indicate that the agency could be moving toward requiring booster shots in order for people to be considered fully vaccinated. This would have great implications for the federal vaccine mandates, something employers that are considering requiring boosters have already started confronting.

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/

Preparing for Non-Compete Litigation – 2022 Update
Thomson Reuters Practical Law
Pete Steinmeyer
ebglaw.com/insights/preparing-for-non-compete-litigation-2022-update/

New York Rings in 2022 with Employment Law Updates
Insights
Susan Gross Sholinsky, Nancy Gunzenhauser Popper, Nicole Zolla, and Kamil Gajda
ebglaw.com/insights/new-york-rings-in-2022-with-employment-law-updates/

New York’s Paid Family Leave Is Expanding in Two Ways
Workforce Bulletin
Nancy Gunzenhauser Popper, Genevieve Murphy-Bradacs, and Nicole Zolla
workforcebulletin.com/2022/01/06/new-yorks-paid-family-leave-is-expanding-in-two-ways/

Five Fast Facts on Boston’s Indoor Vaccine Mandate
Workforce Bulletin
Kate Rigby, Fran DeLuca, and Sherelle Wu
workforcebulletin.com/2022/01/10/five-fast-facts-on-bostons-indoor-vaccine-mandate/

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.

This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.

(1) A Shift in Labor Policy and Enforcement

The new Biden administration is ushering in more labor- and employee-friendly policies. The personnel changes and updated enforcement agenda at the National Labor Relations Board best exemplify this shift. The Biden administration has also made clear that it plans to be more rigorous when it comes to enforcement.

(2) Employee Mobility Trend Accelerates

Employers saw the employee mobility trend pick up this year. Behind this trend is an increase in state legislation limiting the use of non-compete agreements. Court decisions have also become more critical of non-compete agreements, with many courts refusing to enforce broad restrictions.

(3) COVID-19 Rules Remain in Flux

Many employers opened up offices or implemented hybrid work environments while also navigating this year’s constantly changing requirements on vaccination and masking policies, privacy protections, and accommodations. Just this week, the Occupational Safety and Health Administration announced new enforcement deadlines for the COVID-19 Vaccination and Testing Emergency Temporary Standard after a nationwide injunction was lifted.

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/

CMS Issues Guidance on COVID-19 Testing in the Workplace

Health Employment and Labor
Allen Killworth, Nancy Gunzenhauser Popper, Denise Merna Dadika, Nathaniel Glasser, and Bob Hearn
healthemploymentandlabor.com/2021/12/15/cms-issues-guidance-on-covid-19-testing-in-the-workplace/

The EEOC Releases Guidance: What Employers Should Know About COVID-19
Workforce Bulletin
Susan Gross Sholinsky, Frank Morris, and Kamil Gajda
workforcebulletin.com/2021/12/20/the-eeoc-releases-guidance-what-employers-should-know-about-covid-19/

New Year, New Laws Impacting California Employers
Insight
David Prager, Jennifer Nutter, Alice Kwak, and Vidaur Durazo
ebglaw.com/insights/new-year-new-laws-impacting-california-employers/

Holiday Cyber Storm Warnings
Health Law Advisor
Stuart Gerson and Alaap Shah
healthlawadvisor.com/2021/12/17/holiday-cyber-storm-warnings/

WORKFORCE (re)imagined.TM
Click here to find out how we can help with return to work or hybrid workforce issues.
ebglaw.com/services/employment-labor-workforce-management/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.

This week, we look at the status of the federal government’s COVID-19 vaccine rules for employers and the COVID-19 vaccine mandates in New York State and City.

Federal Vaccine Mandates Paused

All three federal vaccine mandates for employers are now on hold, after a district court in Georgia issued a nationwide injunction on the federal contractor mandate last week. Read more about the injunction - workforcebulletin.com/2021/12/08/vaccine-mandate-for-federal-contractors-enjoined-nationwide/

Senate Blocks OSHA ETS for Large Employers

The majority-Democratic Senate passed a resolution last week to block the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard for employers with 100 or more employees. That legislation is likely to stall in the House, but it could be a sign of stiffer opposition to come.

Update on Vaccine Mandates in New York State and City

Last week, Mayor Bill de Blasio announced a “universal” COVID-19 vaccine mandate affecting all private employers in New York City. Learn more about the across-the-board mandate, which does not include a testing option and is the first of its kind in the country - ebglaw.com/insights/the-new-vaccine-mandate-for-new-york-city-employers-what-we-know-what-we-expect-and-what-employers-should-do-now/

This week, the U.S. Supreme Court also kept intact New York State’s vaccine mandate for health care workers - healthemploymentandlabor.com/2021/12/15/supreme-court-lets-new-yorks-vaccine-mandate-for-health-care-workers-stand/

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 Governor Reinstates Mask Mandate
Workforce Bulletin
Jeffrey Landes, Nancy Gunzenhauser Popper, Eric Emanuelson Jr., and Kamil Gajda
workforcebulletin.com/2021/12/10/new-york-governor-reinstates-mask-mandate/

What Should Employers Do When a Worker Tests Positive for COVID-19?
SHRM
Eric Emanuelson Jr. Quoted
shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-worker-tests-positive-for-covid-19.aspx

DOJ’s First Wage-Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements Are Illegal Per Se
Trade Secrets & Employee Mobility
Janene Marasciullo and David Clark
tradesecretsandemployeemobility.com/2021/12/articles/post-employment-restrictions/dojs-first-wage-fixing-indictment-survives-a-motion-to-dismiss-because-court-finds-wage-fixing-agreements-are-illegal-per-se/

Monitoring Employee Email or Other Electronic Usage: New York Will Require Employers to Provide Notice
Insight
Brian Cesaratto, Adam Forman, Susan Gross Sholinsky, Shawndra Jones, Nathaniel Glasser, and Matthew Savage Aibel
ebglaw.com/insights/monitoring-employee-email-or-other-electronic-usage-new-york-will-require-employers-to-provide-notice/

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.

A Trending News interview from Employment Law This Week®, featuring Denise Dadika, Member of the Firm:

Regulations for employee vaccination and testing remain in limbo, but many employers are crafting policies to ensure they are compliant with employee health information protections, regardless of what happens in the courts.

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.

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.