This week, we shed light on the growing issues surrounding electronic employee monitoring, the Equal Employment Opportunity Commission’s (EEOC’s) disavowal of comments by a former General Counsel (GC) regarding abortion travel benefits, and California’s latest marijuana employment protection law.

NLRB GC Seeks to Widen Scope of NLRA

Last week, National Labor Relations Board GC Jennifer Abruzzo issued a memo on employee protections against alleged “intrusive and abusive” use of electronic monitoring and automated management.

Former EEOC Head Does Not Speak for Agency, EEOC Says

The EEOC has officially disavowed the letters its former GC Sharon Fast Gustafson sent to some employers in early October. The EEOC said that Gustafson lacks the authority to make any such claim and does not speak for the agency. However, the EEOC’s actual position on abortion travel benefits remains unclear.

California Adds Marijuana Employment Protections for Workers

Effective January 1, 2024, a new California law will prohibit employment decisions based on off-duty marijuana use. California employers can still maintain a drug-free workplace, but they cannot discriminate based on marijuana use outside of the office.

Other Highlights

Employers Await High Court Clarity on Attorney-Client Privilege
Bloomberg Law
Jeffrey Mongiello quoted
news.bloomberglaw.com/daily-labor-report/employers-await-high-court-clarity-on-attorney-client-privilege

Time Spent Booting Up Computers May Be Compensable, According to Unanimous 9th Circuit
Wage and Hour Defense Blog
Adriana Kosovych, Alexandria Adkins
wagehourblog.com/2022/11/articles/wage-and-hour-policies/time-spent-booting-up-computers-may-be-compensable-according-to-unanimous-9th-circuit/

The ASA Effective Date Is Fast Approaching: Employers Should Get Their Insurance House in Order Now
Commercial Litigation Update
Melissa Jampol, Lori Medley, Christopher Coyne
commerciallitigationupdate.com/2022/11/02/the-asa-effective-date-is-fast-approaching-employers-should-get-their-insurance-house-in-order-now/

Fall Back: Westchester’s Pay Transparency Law Takes Effect on November 6, 2022
Workforce Bulletin
Marc Mandelman, Nancy Gunzenhauser Popper
workforcebulletin.com/2022/11/03/fall-back-westchesters-pay-transparency-law-takes-effect-on-november-6-2022

Massachusetts Non-Compete Laws: 2022 Update
Trade Secrets & Employee Mobility
David Clark, Erik Weibust
tradesecretsandemployeemobility.com/2022/11/articles/non-compete-agreements/massachusetts-non-compete-laws-2022-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 interview from Employment Law This Week®, featuring attorney Brian Cesaratto, Member of the Firm:

The California Consumer Privacy Act and the California Privacy Rights Act exemptions for employee, applicant, and B2B data are set to expire on January 1, 2023. How can employers prepare?

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’re breaking down new pay range disclosure laws emerging across the country and discussing how employers can comply with the requirements.

Salary Range Disclosure Laws

Salary range disclosure laws are not new, but the new requirement for employers to include pay ranges in job postings takes them to the next level. While deadlines are looming in New York City and California, employers around the country are also taking steps to ensure they remain in compliance. Read more – ebglaw.com/insights/2022-pay-equity-trends-and-strategies-for-complying-with-pay-range-disclosure-requirements-in-new-york-city-and-california/

Pay Data Reporting

We’ve seen pay data reporting trending around the globe, and it is now taking hold in the United States. This trend is expected to continue to spread as the government and other stakeholders seek greater transparency. Learn more – workforcebulletin.com/2022/08/24/foia-request-may-disgorge-thousands-of-federal-contractor-eeo-1-reports-deadline-to-object-is-september-19-2022/

Employers Prepare for Compliance

Pay equity trends do not seem to be stopping or even slowing down. Therefore, employers should take certain steps to prepare, including reviewing upcoming job postings and identifying the factors that determine compensation. Click for more – ebglaw.com/insights/robert-ohara-provides-practical-guidance-on-pay-equity-audits-and-the-equal-pay-act/

Other Highlights

Is the COVID-19 Pandemic Over? For Employers, Not Yet
Workforce Bulletin
Susan Gross Sholinsky, Nancy Gunzenhauser Popper
workforcebulletin.com/2022/10/20/is-the-covid-19-pandemic-over-for-employers-not-yet/

California Leads States in Probing Employers’ ‘No-Poach’ Pacts
Bloomberg Law
Erik Weibust quoted
news.bloomberglaw.com/antitrust/california-leads-states-in-probing-employers-no-poach-pacts

Trade Secrets, Restrictive Covenants, and No-Poach Agreements in Health Care
Webinar
November 8, 2022
Carter DeLorme, Kate Rigby, Erik Weibust
ebglaw.com/insights/trade-secrets-restrictive-covenants-and-no-poach-agreements-in-health-care/

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®:

Employers generally cannot require attorneys to sign non-compete agreements. Our panel tells employers how they can protect their business while maintaining compliance.

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 updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance.

Federal Judge Blocks EEOC's LGBTQ+ Guidance

The Equal Employment Opportunity Commission's June 2021 guidance outlining protections for bathroom access based on sexual orientation or gender identity is unlawful. That's according to a district court judge in Texas.

COVID-19 Update for Employers

As the pandemic moves to a new phase, state and local governments are grappling with how to transition their policies. New York City will lift its COVID-19 vaccine mandate for private employers on November 1, but California has extended its COVID-19 Supplemental Paid Sick Leave until December 31 of this year. Learn more - workforcebulletin.com/2022/09/22/no-vax-no-problem-nycs-covid-19-vaccine-mandate-for-private-employers-will-end-as-of-november-1st-2022/

NYC Employers Prepare for Pay Transparency Law

Starting November 1, employers in New York City with four or more employees must disclose salary ranges for all job postings, promotions, and transfer opportunities that could be performed in the city. Read an update on complying with these recent pay equity trends - ebglaw.com/insights/2022-pay-equity-trends-and-strategies-for-complying-with-pay-range-disclosure-requirements-in-new-york-city-and-california/

Other Highlights

White House’s AI Guidance Puts Employers on Notice
Law360 (subscription may be required)
Adam Forman quoted
ebglaw.com/insights/adam-forman-quoted-in-white-houses-ai-guidance-puts-employers-on-notice/

NLRB Offers New Guidance on When It Will Hold an In-Person Election – Replaces Positivity Metric with CDC Tracker
Management Memo
Erin Schaefer, Steve Swirsky
managementmemo.com/2022/10/04/nlrb-offers-new-guidance-on-when-it-will-hold-an-in-person-election-replaces-positivity-metric-with-cdc-tracker/

California’s New Anti-Bias Laws Put Companies on Alert for Suits
Bloomberg Law Daily Labor Report
Adam Abrahms quoted
news.bloomberglaw.com/daily-labor-report/californias-new-anti-bias-laws-put-companies-on-alert-for-suits

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.