This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.

EEOC Reports Surge of COVID-19-Related Charges

On the heels of the Equal Employment Opportunity Commission’s guidance on COVID-19 caregiver discrimination, the agency has released new data showing a surge in COVID-19-related charges.

New York City Prepares for Pay Transparency Law

The New York City Commission on Human Rights recently issued guidance on the City's new salary range disclosure law. The law is currently set to go into effect on May 15, but there are pending amendments that could push the effective date back to November 1. Learn more - workforcebulletin.com/2022/03/31/new-york-citys-upcoming-salary-range-disclosure-law-guidance-issues-and-proposed-amendments-are-introduced/

Supreme Court Considers PAGA Arbitration

Last week, the U.S. Supreme Court heard oral arguments for Viking River Cruises v. Moriana. The case addresses whether arbitration agreements with class action waivers extend to claims brought under California's Private Attorneys General Act, or PAGA. Read more about the case - wagehourblog.com/2022/03/articles/california-wage-hour-law/did-the-supreme-court-oral-argument-on-viking-river-cruises-signal-a-coming-sea-change-for-california-employment-law/

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/

The Pros – and Cons – of Arbitration Agreements with Class Action Waivers
Wage and Hour Defense Blog
Mike Kun
wagehourblog.com/2022/04/articles/california-wage-hour-law/the-pros-and-cons-of-arbitration-agreements-with-class-action-waivers/

OSHA Reopens Rulemaking Record for a Permanent Standard to Protect Health Care Workers Against COVID-19 and Considers Expanding Its Scope
Health Employment and Labor
Denise Dadika, Joanita Gakami
healthemploymentandlabor.com/2022/03/30/osha-reopens-rulemaking-record-for-a-permanent-standard-to-protect-health-care-workers-against-covid-19-and-considers-expanding-its-scope/

UPDATE: Washington, D.C. Ban on Non-Competes Postponed Until October 2022
Workforce Bulletin
Nathaniel Glasser, Eric Emanuelson, Kamil Gajda
workforcebulletin.com/2022/03/31/update-washington-d-c-ban-on-non-competes-postponed-until-october-2022/

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 Ann Knuckles Mahoney, Associate:

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance on caregiver discrimination, offering employers more direction on an issue COVID-19 has brought to the forefront.

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 a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.

Texas Court Reinstates DOL Independent Contractor Rule

A district judge in Texas has reinstated a Department of Labor (DOL) rule that created a uniform test for determining worker classification under the Fair Labor Standards Act. The rule was established in the final weeks of the Trump administration, and withdrawn by the Biden administration. Read more - wagehourblog.com/2022/03/articles/dol-enforcement/federal-court-reinstates-trump-era-independent-contractor-rule/

OFCCP Targets Pay Equity Audits

In its first directive of the Biden administration, the Office of Federal Contract Compliance Programs (OFCCP) details the requirement for employers to conduct regular, in-depth pay equity audits. And then it goes a step further. If the OFCCP has any concerns with a government contractor’s or subcontractor’s compliance evaluations, it will request access to "a complete copy" of the pay equity audit.

OSHA Focuses COVID-19 Inspections on Health Care Facilities

The Occupational Safety and Health Administration (OSHA) recently announced its intent to check up on previously cited health care facilities. Though the health care emergency temporary standard is no longer in effect, this announcement makes it clear that many elements are still required.

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/

President Biden Signs into Law the Cyber Incident and Reporting Act, Mandating Reporting of Cyber Incidents and Ransomware Payments
Workforce Bulletin
Brian Cesaratto, Allen Killworth, Alexander Franchilli
workforcebulletin.com/2022/03/18/president-biden-signs-into-law-the-cyber-incident-and-reporting-act-mandating-reporting-of-cyber-incidents-and-ransomware-payments/

A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations
Workforce Bulletin
Lauri Rasnick, Susan Gross Sholinsky
workforcebulletin.com/2022/03/21/a-new-protected-class-not-quite-but-the-eeoc-is-looking-out-for-workers-with-caregiving-obligations/

New York HERO Act Designation Over, Six Months Later
Workforce Bulletin
Nancy Gunzenhauser Popper
workforcebulletin.com/2022/03/18/new-york-hero-act-designation-over-six-months-later/

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 Gretchen Harders, Member of the Firm:

Russia’s ongoing war in Ukraine is the biggest thing on everyone’s mind right now. How can employers assist employees who want to help?

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’re looking at how employment laws and regulations are being impacted by the Biden administration’s recent actions on the international and national stages.

President Biden’s First State of the Union

President Biden gave his first State of the Union address last week, focusing largely on Russia's invasion of Ukraine. The President also used the State of the Union to renew his push for pro-labor policy changes in Congress.

Federal Task Force Releases Report on Worker Organizing

The White House Task Force on Worker Organizing and Empowerment recently released a report with nearly 70 recommendations. Learn more - dol.gov/sites/dolgov/files/OPA/newsreleases/2022/02/OSEC20220195.pdf

President Biden Makes SCOTUS Pick

President Biden has nominated D.C. Circuit Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the Supreme Court. Judge Jackson’s previous decisions around employment law show a history of balanced, moderate opinions.

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/

Advances in AI Regulation in Relation to Labor and Employment
ABA International Labor and Employment Law Committee Midyear Meeting
David Garland, Speaker
Berlin, Germany
ebglaw.com/insights/aba-advances-in-ai-regulation-in-relation-to-labor-and-employment/

District of Columbia Is Poised to Postpone Non-Compete Law Until October 2022
Trade Secrets & Employee Mobility
Nathaniel Glasser, Eric Emanuelson, Tiffany Sarchet
tradesecretsandemployeemobility.com/2022/03/articles/non-compete-agreements/postponement-of-washington-d-c-s-ban-on-non-competes-postponed-to-october-2022/

President Biden Signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Workforce Bulletin
Emily Patajo
workforcebulletin.com/2022/03/08/president-biden-signed-the-ending-forced-arbitration-of-sexual-assault-and-sexual-harassment-act-of-2021/

President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo
Workforce Bulletin
Nathaniel Glasser, Frank Morris, Peter Stein, Dean Singewald
workforcebulletin.com/2022/03/04/president-bidens-vaccination-mandates-for-federal-employees-and-contractors-remain-in-limbo/

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.