1. This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules.

    Study Finds EEOC's Pay Data Collection a “Useful Tool”

    A study of the Equal Employment Opportunity Commission's (EEOC’s) controversial 2020 pay data collection has found that the data is a “useful tool” to fight pay discrimination in the workplace. According to the EEOC, which funded the study, the results show that the pay data collection enables the agency to take a “more data-driven approach" to discrimination charges.

    Non-Compete Restrictions in Colorado Take Effect

    Non-compete agreements executed in Colorado beginning today, August 10, must follow strict new guidelines, or employers may face heavy penalties. Read more - tradesecretsandemployeemobility.com/2022/07/articles/non-compete-agreements/only-one-month-until-dramatic-changes-in-colorados-restrictive-covenants-law/

    D.C. Circuit Vacates Browning-Ferris

    The U.S. Court of Appeals for the District of Columbia Circuit has refused to enforce the Browning-Ferris standard, returning the case to the National Labor Relations Board. It is anticipated that the Biden-appointed majority will once again use the Browning-Ferris case to advance a joint-employer standard based on “indirect control.”

    Other Highlights

    New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law
    Workforce Bulletin
    Susan Gross Sholinsky, Steve Swirsky, Nancy Gunzenhauser Popper
    workforcebulletin.com/2022/08/05/new-york-state-tacks-on-an-extra-year-to-its-paid-vaccination-leave-law/

    Mailbag: What Are HR’s Options After Granting FMLA Leave to a Noneligible Employee?
    HR Dive
    Nancy Gunzenhauser Popper featuredhttps://www.hrdive.com/news/designating-fmla-leave-noneligible-employee/628125/

    Healthcare Noncompete Laws Get a Checkup in Four States and the District of Columbia
    Trade Secrets & Employee Mobility
    Erik Weibust
    tradesecretsandemployeemobility.com/2022/08/articles/non-compete-agreements/healthcare-noncompete-laws-get-a-checkup-in-four-states-and-the-district-of-columbia/

    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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  2. A Trending News interview from Employment Law This Week®, featuring Epstein Becker Green attorney Adam Tomiak, Member of the Firm, and Deloitte Tax LLP Principal Joel Eisenreich:

    Employers across the country are crafting new policies around remote and hybrid work environments. What considerations should they factor in?

    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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  3. This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels.

    EEOC Updates Guidance on COVID-19 Testing of Employees

    Updated guidance from the U.S. Equal Employment Opportunity Commission states that mandatory COVID-19 testing is no longer automatically justified and that employers should now only mandate testing when it is “job-related and consistent with business necessity” to avoid Americans with Disabilities Act violations. Read more - workforcebulletin.com/2022/07/22/eeoc-walks-back-its-advice-on-when-workplace-covid-testing-is-appropriate/

    NLRB Steps Up Use of Injunctive Relief

    The National Labor Relations Board is increasing its pursuit of injunctions under Section 10(j) of the National Labor Relations Act to protect employees engaged in union organizing efforts. This reflects that the agency is adopting an aggressive stance when considering charges alleging retaliation against employees involved in union activity and will be taking strong action against employers.

    D.C. Loosens Restrictions on Non-Competes

    On July 12, the D.C. Council passed amendments to its near-universal ban on non-compete agreements. The amendments relax some of the tightest restrictions in the nation to bring the District of Columbia more in line with states’ efforts to limit non-competes. Learn more - tradesecretsandemployeemobility.com/2022/07/articles/non-compete-agreements/washington-d-c-scales-back-ban-on-non-competes/

    Other Highlights

    Mission (Im)possible: Recent Cases Hold That Pandemic-Related Disruptions Do Not Relieve Contractual Performance
    Commercial Litigation Update
    Robert Travisano, Lucas Peterhans
    commerciallitigationupdate.com/2022/07/20/mission-impossible-recent-cases-hold-that-pandemic-related-disruptions-do-not-relieve-contractual-performance/

    Protecting AI-Generated Inventions as Trade Secrets Requires Protecting the Generative AI as Well
    IP Watchdog
    Erik Weibust
    ipwatchdog.com/2022/07/24/protecting-ai-generated-inventions-trade-secrets-requires-protecting-generative-ai-well/id=150372/

    Creating a Safe Environment for Employees
    Katy’s Korner
    Greg Keating
    ebglaw.com/insights/greg-keating-discusses-creating-a-safe-environment-for-employees-on-katys-korner-future-of-work-series/

    N.Y. Sexual Harassment Regulations in Line for Zoom-Era Update
    Bloomberg Law Daily Labor Report
    Nancy Gunzenhauser Popper
    ebglaw.com/insights/nancy-gunzenhauser-popper-quoted-in-n-y-sexual-harassment-regulations-in-line-for-zoom-era-update/

    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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  4. A Trending News video from Employment Law This Week®:

    If you’re hiring from a competitor amid the Great Resignation, one of your top priorities is not getting sued. Hear about the steps and tactics employers can use to mitigate non-compete and trade secrets litigation risks when hiring from a competitor.

    Spilling Secrets is a special monthly podcast series about the future of non-compete and trade secrets law. Our all-star panel of attorneys features Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust.

    Subscribe and listen to our extended editions of the podcast on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

    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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  5. This week, we look at two U.S. Supreme Court decisions and legislation in California with major implications for employers and health care providers.

    Employers Respond to Dobbs

    Employers across the country are navigating a new landscape following the Supreme Court’s decision to return the abortion issue to the states. The state-by-state impact of the Dobbs decision has made questions of travel benefits, employee privacy, and updates to workplace policies very complex - us.cnn.com/2022/07/06/success/companies-abortion-travel-policy/index.html

    Supreme Court’s EPA Ruling Under Major Questions Doctrine Could Impact Employers

    In West Virginia v. Environmental Protection Agency, the Supreme Court ruled that the EPA had exceeded its regulatory authority. That rationale opens the door to challenges to regulatory authority across all agencies, including the Occupational Safety and Health Administration, the U.S. Department of Labor, and the National Labor Relations Board. Here’s more on how this decision will impact employment regulatory agencies - ebglaw.com/insights/paul-decamp-featured-in-npr-interview-how-the-supreme-courts-epa-ruling-will-shape-government-power/

    Pay Increases and Bonuses for CA Health Care Workers

    California will offer retention payments of up to $1,500 for full-time workers in the field. And Los Angeles is set to increase the minimum wage to $25 per hour for all employees—including non-patient care workers—employed by private hospitals and health care providers. These actions could be a sign of what is to come across the country as health care facilities navigate burnout, retention, and staffing shortages caused by COVID-19. Read more - ebglaw.com/insights/los-angeles-city-council-approves-minimum-wage-increase-to-25-per-hour-for-health-care-workers-at-private-hospitals/

    Other Highlights

    Employment Law Perspectives in ESG
    Deloitte Legal Dbrief
    Adam Tomiak
    ebglaw.com/insights/deloitte-legal-dbrief-employment-law-perspectives-in-esg/

    Employers Beware – SEC Renews Enforcement Initiative Against Agreements (This Time a Non-Compete) That Interfere with Whistleblowers’ Unfettered Access to the SEC
    Workforce Bulletin
    Greg Keating, Daniel Green, Erik Weibust
    workforcebulletin.com/2022/06/30/employers-beware-sec-renews-enforcement-initiative-against-agreements-this-time-a-non-compete-that-interfere-with-whistleblowers-unfettered-access-to-the-sec/

    Chicago Sexual Harassment Policy Requires ‘Bystander’ Training
    Bloomberg Daily Labor Report
    Nancy Gunzenhauser Popper quoted
    news.bloomberglaw.com/daily-labor-report/chicago-sexual-harassment-policy-requires-bystander-training

    Rhode Island Enacts Tip Protection Law
    Wage and Hour Defense Blog
    Fran DeLuca
    wagehourblog.com/2022/07/articles/state-wage-and-hour-laws/rhode-island-enacts-tip-protection-law/

    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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Employment Law This Week®

Epstein Becker Green

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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