1. This week, we break down the Equal Employment Opportunity Commission’s (EEOC’s) recent commissioner charges surrounding abortion travel benefits, potential changes to employer policies due to midterm election results, and the U.S. Supreme Court’s (SCOTUS’s) decision not to review whether COVID-19 justifies a violation of the Worker Adjustment and Retraining Notification (WARN) Act.

    EEOC Commissioner Targets Abortion Travel

    On the heels of Republican Commissioner Janet Dhillon’s resignation, it is reported that Commissioner Andrea Lucas, also a Republican, brought commissioner charges against several companies for offering abortion travel benefits.

    Midterm Results Change Employer Policies

    The midterm results are in, and many states have adopted new ballot measures. The results may require some employers to revise their policies and procedures.

    SCOTUS Declines to Review Whether COVID-19 Exempted from WARN Act

    Last week, SCOTUS declined to consider whether the COVID-19 pandemic qualifies as a natural disaster under the federal WARN Act. Natural disasters exempt employers from the WARN Act requirement to provide notice before a mass layoff or plant closing.


    Other Highlights

    A “Welcome Development”: DOL Proposes Self-Correction for Retirement Contribution Mistakes
    HR Dive
    Avi Bernstein quoted
    hrdive.com/news/dol-proposes-self-correction-for-retirement-contribution-mistakes/637083/

    New Jersey Health Care Workers: New Job Protections Following Changes in Control of Their Health Care Entity Employer
    Workforce Bulletin
    Mickey Neuhauser, Denise Dadika, Joanita Gakami
    workforcebulletin.com/2022/11/18/new-jersey-health-care-workers-new-job-protections-following-changes-in-control-of-their-health-care-entity-employer/

    NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory Trends
    Workforce Bulletin
    Steve Swirsky, Adam Forman, Nathaniel Glasser, Neresa De Biasi, Ridhi Madia
    workforcebulletin.com/2022/11/18/nlrb-general-counsel-seeks-to-limit-employers-use-of-artificial-intelligence-in-the-workplace-following-the-recent-regulatory-trends/

    Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers
    Trade Secrets & Employee Mobility
    Erik Weibust
    tradesecretsandemployeemobility.com/2022/11/articles/non-compete-agreements/companies-that-use-noncompetes-face-increased-risk-of-government-action-following-ftcs-unilateral-expansion-of-its-enforcement-powers/

    Non-Compete Laws: Illinois – Q&A Guide for Employers, 2022 Update
    Thomson Reuters Practical Law
    Pete Steinmeyer, David Clark
    ebglaw.com/insights/non-compete-laws-illinois-qa-guide-for-employers-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.

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  2. A Trending News interview from Employment Law This Week®, featuring attorney Daniel Levy, Member of the Firm:

    When faced with trade secret misappropriation, employers must decide how to proceed. Hear some tips on how and why employers might choose to refer the matter for criminal investigation.

    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 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.

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  4. 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.

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  5. 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.

    # vimeo.com/763874470 Uploaded 2 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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