1. This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California.

    NLRB Continues Union-Friendly Direction

    Two recent actions from the NLRB show a continued pro-employee push. The agency took on dress code policies at the end of last month, and published its broad proposed joint-employer rule last week.

    Read more:

    * managementmemo.com/2022/09/01/tesla-gets-a-dressing-down-by-the-nlrb/
    * ebglaw.com/insights/steve-swirsky-quoted-in-3-takeaways-from-the-nlrbs-joint-employer-rule-redux/

    California Passes FAST Act

    California’s Governor Newsom celebrated Labor Day by signing the controversial Fast Food Accountability and Standards Recovery, or FAST, Act into law. Learn more - ebglaw.com/insights/the-high-price-of-a-seat-at-the-fast-food-council-table-a-b-257-brings-rising-labor-costs-to-the-fast-food-industry/

    Pay Transparency in California

    Also in California, the state legislature passed a bill dramatically increasing pay transparency regulation.

    Other Highlights


    No More Exceptions: What to Do When the California Privacy Exemptions for Employee, Applicant and B2B Data Expire on January 1, 2023
    Workforce Bulletin
    Greg Krabacher, Brian Cesaratto, Chris Taylor
    workforcebulletin.com/2022/09/08/no-more-exceptions-what-to-do-when-the-california-privacy-exemptions-for-employee-applicant-and-b2b-data-expire-on-january-1-2023/

    “The Doctor Is Out”: Seeing Physician Retention, Compensation, and Staffing More Clearly
    Webinar
    Colin McCulloch, Elizabeth Kastner
    ebglaw.com/insights/the-doctor-is-out-seeing-physician-retention-compensation-and-staffing-more-clearly/

    Practical Guidance on Pay Equity Audits and the Equal Pay Act
    LexisNexis
    Bob O’Hara
    ebglaw.com/insights/robert-ohara-provides-practical-guidance-on-pay-equity-audits-and-the-equal-pay-act/

    Q&A Guide Trade Secret Laws: Illinois
    Thomson Reuters Practical Law
    Pete Steinmeyer, David Clark
    ebglaw.com/wp-content/uploads/2022/09/Trade-Secret-Laws-Illinois-Steinmeyer-Clark-2022-Thomson-Reuters-QA.pdf

    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/749272799 Uploaded 2 Views 0 Comments
  2. A Trending News video from Employment Law This Week®:

    Two and a half years into the pandemic, it appears that remote work is here to stay in virtually all industries, to varying degrees. How do restrictive covenants work in this remote work era?

    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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  3. This week, we discuss updates on COVID-19 quarantine guidelines, what employers should know about monkeypox, and EEO-1 pay data reporting.

    CDC Updates COVID-19 Guidance

    The Centers for Disease Control and Prevention (CDC) now recommends that asymptomatic individuals who suspect COVID-19 exposure wear a mask for 10 days rather than quarantine. Many states follow CDC guidance, but some have their own guidelines, so employers are checking requirements in their locations and updating policies to remain in compliance. Read more – workforcebulletin.com/2022/08/17/cdc-eliminates-quarantine-requirements-for-covid-19-exposure/

    Employers Monitor Monkeypox Outbreak

    While COVID-19 requirements seem to be easing, employers are closely watching the most recent public health emergency: monkeypox. The CDC has released information for health care professionals, but there has been no federal monkeypox guidance for the general workplace as of now. Employers have a general duty to provide a safe work environment under the Occupational Safety and Health Act, and they should keep monitoring the CDC for any future guidance. Learn more - 2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2022/08/Thomson-Reuters-Practical-Law-QAndA-What-Employers-Need-to-Know-About-Monkeypox-w-036-4780-HoughtonLaGreca-Hughes-2022.pdf

    EEO-1 Pay Data Reporting to Return

    A recent announcement by Commissioner Keith Sonderling of the U.S. Equal Employment Opportunity Commission that pay data reporting "is coming" is the latest indication that EEO-1 Component 2 data will be required in the future. This means employers would once again have to report compensation data categorized by race, sex, ethnicity, and more.

    Other Highlights

    UPDATE: Referendum Petitions Halt Healthcare Worker Minimum Wage Increases in Los Angeles and Downey
    Insights
    Adam Abrahms, Juan Larios, Sahar Shiralian
    ebglaw.com/insights/update-referendum-petitions-halt-healthcare-worker-minimum-wage-increases-in-los-angeles-and-downey/

    Michigan Court Stays Minimum Wage Increase and Sick Pay Change Until February 2023
    Wage and Hour Defense Blog
    Chelsea Hadaway
    wagehourblog.com/2022/08/articles/state-wage-and-hour-laws/michigan-court-stays-minimum-wage-increase-and-sick-pay-change-until-february-2023/

    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/742402331 Uploaded 0 Views 0 Comments
  4. A Trending News interview from Employment Law This Week®, featuring attorneys Sarah Hall, Member of the Firm, and Elena Quattrone, Associate:

    The U.S. Supreme Court’s Dobbs decision overturning Roe v. Wade occurred on June 24, and the federal government and states are still introducing legislation and issuing new guidance almost daily. How can employers navigate this post-Roe world?

    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/740099041 Uploaded 1 Views 0 Comments
  5. 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.

    # vimeo.com/738013736 Uploaded 1 Views 0 Comments

Employment Law This Week®

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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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