A Trending News interview from Employment Law This Week®, featuring attorneys Cassandra Labbees and Adam Tomiak, Members of the Firm:

With the recent surge in mental health discrimination charges, what can employers do to best address mental health in the workplace? Employers should evaluate their accommodations policies and current benefits offerings to assess parity in coverage and access to mental health services.

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 update you on two major developments from the National Labor Relations Board (“NLRB” or “Board”) and this year’s abridged timeline to submit EEO-1 data.

Union Activity Surges

The National Labor Relations Board (“NLRB” or “Board”) recently released data on the increase in petitions filed by unions for representation elections in the country. In the first half of fiscal year 2022, petitions filed by unions for representation elections jumped 57 percent from the same period last year.

NLRB GC Takes Aim at “Captive Audience” Meetings and Supports Union Organizing

The Biden administration has been vocal in supporting unionization efforts and making it easier for unions to win elections. Recently, NLRB General Counsel Jennifer Abruzzo issued a memo indicating that her office will be asking the Board to find “captive audience” meetings, in which employers seek to convince workers to vote against union representation, to be unlawful and violate the National Labor Relations Act. The memo reflects the General Counsel’s goal of limiting the ability of an employer to campaign and share its views with employees before they vote. Read more - managementmemo.com/2022/04/19/nlrb-general-counsel-urges-labor-board-to-expand-prohibition-on-captive-audience-meetings-and-employers-right-to-present-their-views-on-unionization/

In a brief recently filed with the Board, General Counsel Abruzzo asked the Board to adopt a requirement that an employer recognize and bargain with a union that claims majority support unless the employer can establish that it has a “good faith doubt” as to the union’s claim of majority status. Learn more - managementmemo.com/2022/04/19/nlrb-general-counsel-pushes-to-skip-union-elections-by-reinstating-joy-silk-doctrine/

Equal Employment Opportunity Commission Opens EEO-1 Data Collection, with Fast Timeline

Employers are racing to submit their 2021 EEO-1 Component 1 data by May 17, a significantly shorter window than the previous two years.

Other Highlights

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

Ohio Enacts Changes to Overtime Exemption Laws and Class/Collective Action Procedures
Wage and Hour Defense Blog
Jill Bigler and James Petrie
wagehourblog.com/2022/04/articles/flsa-coverage/ohio-enacts-changes-to-overtime-exemption-laws-and-class-collective-action-procedures/

COVID-19 Tumult Softens Employers’ Stance on Resume Gaps
Law360 (subscription may be required)
Ann Knuckles Mahoney Quoted
ebglaw.com/insights/ann-knuckles-mahoney-quoted-in-covid-19-tumult-softens-employers-stance-on-resume-gaps/

Remembering an Underappreciated Legal Skill—Listening
Law360
James Flynn
ebglaw.com/insights/remembering-an-underappreciated-legal-skill-listening/

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 Erik W. Weibust, Member of the Firm:

There has been a wave of legislation restricting non-compete agreements in the states, as well as a focus on such agreements at the federal level. How do employers maintain compliance?

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 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.