1. This week, we look at the significance of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the impact that the overturning of Roe v. Wade will have on employers.

    SCOTUS Overturns Roe v. Wade

    Last Friday, the Supreme Court released its Dobbs opinion, which struck down Roe v. Wade’s 50-year precedent of a constitutional right to obtain an abortion. This historic reversal will mean significant changes across the country, and, because abortion rights will now be regulated on a state-by-state basis, it presents a number of complex issues for employers specifically. explore.ebglaw.com/dobbs-decision/

    Public Positioning, Employee Conduct, and Additional Requests

    Some of the complex issues for employers include how to deal with employee conduct such as walkouts or other reactive behavior in response to the Dobbs decision. Employers may experience pressure from customers, employees, shareholders, or boards of directors to take a public position on abortion rights or to change policies. Also, employers could encounter new types of employee requests, such as transfer requests and requests for leave.

    Impact of Ruling

    There is no question that the Dobbs ruling will impact employers in areas including discrimination, health confidentiality, workplace conduct, employee benefits, and regulatory compliance. Supervisor training around these issues and a careful review of employment policies are key tools to help employers get out in front of these changes.

    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/

    Preparing Corporate Messaging in the Wake of Dobbs
    Workforce Bulletin
    M. Carter DeLorme, Frank C. Morris Jr., Susan Gross Sholinsky, Jennifer Barna, Erin E. Schaefer
    workforcebulletin.com/2022/06/24/preparing-corporate-messaging-in-the-wake-of-dobbs/

    From Roe to Dobbs
    Click here to explore Epstein Becker Green’s resources, including the following checklists, to help employers address the challenges ahead: explore.ebglaw.com/dobbs-decision/

    Employers: Checklist for a Post-Roe Workplace – Non-Benefits Considerations - ebglaw.com/wp-content/uploads/2022/06/Employers-Checklist-Post-Roe-Workplace.pdf

    Employers: Checklist for a Post-Roe Workplace – Employee Benefits Considerations - ebglaw.com/wp-content/uploads/2022/06/Employers-Checklist-Post-Roe-Workplace-Employee-Benefits-Considerations.pdf

    After Roe, Which Companies Will Offer Abortion Benefits?
    Observer
    Gretchen Harders quoted
    observer.com/2022/06/after-roe-which-companies-will-offer-abortion-benefits/

    Dobbs Overrules Roe v. Wade: SCOTUS Today
    SCOTUS Today
    Stuart Gerson
    commerciallitigationupdate.com/2022/06/24/dobbs-overrules-roe-v-wade-scotus-today/

    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.

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  2. This week, we look at two significant court decisions for employers nationwide and bring you a practical update on new bereavement leave rules in Illinois.

    SCOTUS: FAA Preempts California's PAGA Loophole

    Last week, the U.S. Supreme Court ruled that an individual claim under California’s Private Attorneys General Act (PAGA) is subject to an arbitration agreement. This ruling will apply to all pending and future PAGA litigation involving otherwise enforceable arbitration agreements with class and representative action waivers. Read more - wagehourblog.com/2022/06/articles/california-wage-hour-law/u-s-supreme-courts-viking-river-cruises-decision-is-a-significant-victory-for-california-employers-at-least-for-now/

    Fifth Circuit Rules COVID Is Not a Natural Disaster Under WARN

    The U.S. Court of Appeals for the Fifth Circuit held last week that the onset of COVID-19 did not qualify as a “natural disaster” that would have exempted a drilling company from providing employees with Worker Adjustment and Retraining Notification (WARN) Act notices in March 2020. This is the first appellate court to rule on this issue.

    Illinois Expands Bereavement Leave

    Following a growing nationwide trend, Illinois recently enacted amendments to its Child Bereavement Leave Act, a law which previously permitted employees to take up to 10 unpaid work days to mourn the loss of a child. Read more - ebglaw.com/insights/illinois-expands-child-bereavement-leave-for-pregnancy-loss-unsuccessful-assisted-reproduction-and-failed-adoption/

    Other Highlights

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

    Employers, Are You Ready for a Possible Post-Roe Workplace?
    Workforce Bulletin
    Jennifer Barna, Sahar Shiralian, Gretchen Harders, Lucas Peterhans
    workforcebulletin.com/2022/06/17/employers-are-you-ready-for-a-possible-post-roe-workplace/

    New York’s Enactment of the Adult Survivors Act: What You Need to Know
    Workforce Bulletin
    Melissa Jampol, Lori Medley
    workforcebulletin.com/2022/06/16/new-yorks-enactment-of-the-adult-survivors-act-what-you-need-to-know/

    For Your Benefit … Understanding Machine-Readable Files
    Audiocast
    Tzvia Feiertag, Cassandra Labbees, Karen Mandelbaum, Steve Parente
    ebglaw.com/insights/for-your-benefit-understanding-machine-readable-files/

    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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  3. A Trending News interview from Employment Law This Week®, featuring attorney Shira Blank, Member of the Firm:

    The Department of Labor recently released guidance on FMLA leave for mental health conditions. Employers are seeing an increase in these and other mental health workplace issues right now. How can employers navigate them?

    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.

    # vimeo.com/720364024 Uploaded 1 Views 0 Comments
  4. This week, we look at a range of recent anti-harassment and gender equity updates from across the country.

    Return-to-Work Behavior Policies and Training

    As employees across the United States have returned to the office, employers have seen an increased number of complaints about inappropriate behavior in the workplace. Not only are employers responding, but many municipalities and state governments are passing a slate of aggressive new workplace regulations. Read more about new required training and policy updates in Chicago - ebglaw.com/insights/chicago-enacts-new-sexual-harassment-prevention-requirements-effective-july-1/

    U.S. Soccer's Landmark Equal Pay Agreement

    Last month, the U.S. Soccer Federation and the Women's National Team reached a historic collective bargaining agreement, resolving a long-running, high-profile gender equity dispute between the women’s team and the league.

    Board Diversity in California

    California's statute requiring businesses in the state to include a minimum number of women on their boards was recently found to violate the California Constitution. Learn more: workforcebulletin.com/2022/06/08/another-california-board-diversity-statute-struck-down-in-court-appeal-to-be-filed/

    Other Highlights

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

    DOL Urges Employers to Prioritize Safety for Young, Summer Hires
    HR Dive
    Paul DeCamp featured
    hrdive.com/news/dol-urges-employers-to-prioritize-safety-for-young-summer-hires/624441/

    How to Protect Health Care Trade Secrets with Covenants
    Law360
    Erik Weibust, Kate Rigby
    ebglaw.com/insights/how-to-protect-health-care-trade-secrets-with-covenants/

    EEOC Issues Guidance on the ADA & Employer Use of AI Screening Tools
    Workforce Bulletin
    Nathaniel Glasser, Adam Forman, Frank Morris, Bob O’Hara, Sahar Shiralian
    workforcebulletin.com/2022/06/02/eeoc-issues-guidance-on-the-ada-employer-use-of-ai-screening-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.

    # vimeo.com/717974521 Uploaded 1 Views 0 Comments
  5. A Trending News interview from Employment Law This Week®, featuring Epstein Becker Green attorneys Sahar Shiralian and Nathaniel Glasser:

    Regulations and enforcement are tightening for the use of AI technology for employment decisions, on both the state and federal level. What can employers do to ensure 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.

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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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