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.

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.

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.

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.

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.