A Trending News interview from Employment Law This Week®, featuring Epstein Becker Green’s Nancy Gunzenhauser Popper and Jillian de Chavez-Lau:

The New York Department of Labor released major updates to its model sexual harassment prevention policy. What do employers need to know?

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.

A Trending News interview from Employment Law This Week®:

The inevitable disclosure doctrine is not as widely used as a tool to protect trade secrets as many thought it would be after the famous PepsiCo v. Redmond trial in 1995. But is the legal landscape about to change? The Spilling Secrets team digs in, with special help from Jimmy Oh, one of the lawyers in the famous PepsiCo case.

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 Epstein Becker Green’s Pete Steinmeyer, Millie Warner, Kate Rigby, and special guest, Jimmy Oh.

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 examine the decision of a Texas district court to strike down an Affordable Care Act (ACA) mandate on preventive medical services and look at the U.S. Department of Justice's (DOJ’s) third trial loss in prosecuting wage-fixing and no-poach agreements. We also discuss the recent termination of the COVID-19 national emergency and the upcoming end of emergency benefits for employers on May 11, 2023.

Texas Judge Blocks ACA Preventive Coverage Mandate

On March 30, 2023, a Texas district court struck down an ACA mandate that required health plans to cover many preventive medical services. More on the judgment: ebglaw.com/insights/federal-judge-in-texas-strikes-down-acas-preventive-services-coverage-mandate/

DOJ Dealt Its Third Consecutive Loss in a No-Poach Case

A jury in Maine has handed the DOJ its third consecutive trial loss in the agency’s efforts to prosecute naked no-poach and wage-fixing agreements, acquitting four home health care operators of wage-fixing and no-poach charges.

What Does the End of the COVID-19 Emergencies Mean for Employers?

The COVID-19 national emergency ended this past Monday, and the public health emergency is set to end on May 11, 2023. This will mark the end of a slew of citizen benefits, including the requirement for health plans to cover testing and out-of-network vaccines.

Other Highlights

NYC Publishes Final Rule for AEDT Law and Identifies New Enforcement Date
Workforce Bulletin
Adam S. Forman, Nathaniel M. Glasser, Ridhi D. Madia, Alexander J. Franchilli
workforcebulletin.com/2023/04/06/nyc-publishes-final-rules-for-aedt-law-and-identifies-new-enforcement-date/

The Role of Bystander Intervention in Preventing Workplace Harassment
Workforce Bulletin
workforcebulletin.com/2023/04/10/the-role-of-bystander-intervention-in-preventing-workplace-harassment/

Employee Personal Cell Phones, Clawback of Executive Compensation, and More on Voluntary Disclosures
Commercial Litigation Update
Melissa L. Jampol, Allison R. Ness
commerciallitigationupdate.com/2023/04/05/employee-personal-cell-phones-clawback-of-executive-compensation-and-more-on-voluntary-disclosures-doj-continues-to-update-important-policies-and-compliance-guidance/

Spotlight on Salary Pay Prompts Debates on FLSA Purpose
Law360 (subscription required)
Jeffrey H. Ruzal quoted
ebglaw.com/insights/jeff-ruzal-quoted-in-spotlight-on-salary-pay-prompts-debates-on-flsa-purpose/

Halting Harassment®: Online Training
Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

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 Member of the Firm Steve Swirsky and Associate Neresa De Biasi:

A look at how recent pronouncements and actions from the NLRB are creating challenges for both employers with both union and non-union workforces.

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 showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law permitting Illinois employees to take paid leave “for any reason,” and New Jersey's upcoming implementation of the “Temporary Workers' Bill of Rights.”

NLRB Issues Memo on Severance Agreement Restrictions

Last Wednesday, NLRB General Counsel Jennifer Abruzzo issued a memo outlining her views on the implications and meaning of the McLaren Macomb decision. In McLaren Macomb, the NLRB held that it is unlawful to include broad non-disparagement and confidentiality provisions in severance agreements.
Check out more on the memo: workforcebulletin.com/2023/03/24/nlrb-gcs-mclaren-macomb-memo-provides-murky-and-ominous-guidance-on-boards-prohibitions-on-non-disparagement-and-non-disclosure-provisions/

Illinois Rolls Out Paid Leave for Any Reason

Starting January 1, 2024, employers will be required to permit their Illinois employees to take paid leave “for any reason.” The Illinois Paid Leave for All Workers Act covers private employers with one or more employees who work in Illinois, as well as most state and local government employers, unless they are already subject to a local paid leave ordinance.
More information: ebglaw.com/insights/illinois-employers-paid-leave-for-any-reason-is-coming-what-you-must-know/

New Jersey Prepares for Temporary Workers' Bill of Rights

New Jersey will soon implement historic new legislation protecting temporary workers. The “Temporary Workers' Bill of Rights” will apply to at least 130,000 employees in the state. Find out more: ebglaw.com/insights/new-jersey-enacts-a-temporary-workers-bill-of-rights/

Other Highlights

NLRB General Counsel Seeks to Further Restrict Employer Remarks on How Unionization Impacts Employer-Employee Relations
Management Memo
Ashley Krezmien, Neresa A. De Biasi, Erin E. Schaefer, Corey P. Argust
managementmemo.com/2023/03/24/nlrb-general-counsel-seeks-to-further-restrict-employer-remarks-on-how-unionization-impacts-employer-employee-relations/

New Guidance on Federal Protections for Pregnant and Nursing Workers
Workforce Bulletin
Nancy Gunzenhauser Popper, Tammy Tran
workforcebulletin.com/2023/03/22/new-guidance-on-federal-protections-for-pregnant-and-nursing-workers/

Staying Compliant in an Era of Hybrid and Remote Work
The Wall Street Journal
Susan Gross Sholinsky
deloitte.wsj.com/articles/staying-compliant-in-an-era-of-hybrid-and-remote-work-c0e0938e

Accommodating Employees with Allergies and Odor Sensitivities
Events
Frank C. Morris, Jr.; Nancy Gunzenhauser Popper
ebglaw.com/insights/accommodating-employees-with-allergies-and-odor-sensitivities-2023/

Halting Harassment®: Online Training
Click here to learn more about our interactive anti-harassment training and how it can protect your organization – ebglaw.com/halting-harassment-online-training/

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.