This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.

California Supreme Court Specifies Framework for Retaliation Cases

The California Supreme Court has picked a test for whistleblower retaliation cases in the state. After almost two decades of uncertainty around the question, the Court has directed lower courts to use state statutory law as the framework for deciding this type of retaliation case, rather than the federal burden-shifting McDonnell Douglas framework used in discrimination cases.

New York City Employers Prepare for Pay Transparency Law

Starting May 15, New York City employers must include a minimum and maximum salary on all New York City job postings. Read more - workforcebulletin.com/2022/01/18/nyc-job-postings-must-include-salary-ranges-effective-may-15-2022/

Agencies Ramp Up Support for Biden’s Labor Agenda

The U.S. Department of Labor (DOL) recently announced that its Wage and Hour Division will hire 100 new investigators to step up compliance enforcement, with more hiring planned later this year. The DOL also released a 45-page report with nearly 70 recommendations for increasing union membership in both the public and private sectors. Learn more about the report - dol.gov/newsroom/releases/osec/osec20220207

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/

Employee Protections from Retaliation Have Grown During Breyer’s Tenure
SHRM
Stuart Gerson Quoted
shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employee-protections-from-retaliation-breyer.aspx

The Legal Pitfalls of Hybrid and Remote Work
TLNT
Adam Tomiak, Jeff Kramer
tlnt.com/the-legal-pitfalls-of-hybrid-and-remote-work/

2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts
Insights
Helaine Fingold, Kevin Malone, David Shillcutt, Bailey Wendzel
ebglaw.com/insights/2022-mental-health-parity-report-to-congress-highlights-increased-enforcement-efforts/

Avoiding and Defending Wage and Hour Class Actions
Click here to view more on the next steps if your company is hit with a wage and hour class or collective action - explore.ebglaw.com/wage-hour-class-actions/home/

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 attorney RyAnn Hooper, Senior Counsel:

The Biden NLRB is kicking into gear under General Counsel Jennifer Abruzzo.

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, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.

Employers Respond to SCOTUS OSHA Decision

Employers and government agencies are reacting to the Supreme Court’s January 13th rejection of OSHA’s vaccine-or-test mandate for large employers. Read more - ebglaw.com/insights/kate-rigby-quoted-in-carhartt-stuck-with-its-covid-19-vaccine-mandate-the-backlash-ensued/

Next Steps for Employers

The Supreme Court decision means that employers are no longer facing the deadlines laid out in OSHA's Emergency Temporary Standard, but they still must remain compliant with state and local laws and requirements. Rules relating to employer vaccine, testing, and masking mandates vary widely across the country, making compliance for multistate or national employers extremely challenging.

New COVID-19 Benefits and Employer Policies

While the nationwide regulations have been stymied in court, the federal government is pushing ahead with new national COVID-19 benefits that could affect the way employers prepare for the next stage of the pandemic.

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/

Avoiding and Defending Wage and Hour Class Actions
Click here to view more on the next steps if your company is hit with a wage and hour class or collective action - explore.ebglaw.com/wage-hour-class-actions/home/

CMS Vaccine Mandate: New Hospital Survey Procedures and Deadlines
Insights
Allen Killworth, Jenny Nelson Carney
ebglaw.com/insights/cms-vaccine-mandate-new-hospital-survey-procedures-and-deadlines/

NYC Job Postings Must Include Salary Ranges Effective May 15, 2022
Workforce Bulletin
Marc Mandelman; Nancy Gunzenhauser Popper; Eric Emanuelson, Jr.; Lucas Peterhans
workforcebulletin.com/2022/01/18/nyc-job-postings-must-include-salary-ranges-effective-may-15-2022/

Cal/OSHA Releases Updated COVID-19 Resources for Employers
Workforce Bulletin
Jennifer Nutter, Vidaur Durazo
workforcebulletin.com/2022/01/25/cal-osha-releases-updated-covid-19-resources-for-employers/

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 attorney Kate Rigby, Member of the Firm:

The Supreme Court blocked the OSHA vaccine-or-test mandate for large employers last week, but upheld the CMS mandate for millions of health care workers. What does this mean for employers?

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, 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.