1. It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status.

    EEOC Withdraws Wellness Incentive Rules

    The Equal Employment Opportunity Commission (EEOC) has withdrawn two proposed rules on wellness program incentives that gave employers guidance on how to incentivize COVID-19 vaccination in a compliant manner. For now, employers should carefully consider the nature and value of any vaccination incentives. Click for more - workforcebulletin.com/2021/02/25/eeoc-withdraws-proposed-wellness-incentive-rules-increasing-employer-covid-19-vaccination-incentive-uncertainties/

    DOL Rollbacks

    The Biden Department of Labor (DOL) is continuing its rollbacks of regulations and guidance established during the Trump administration. The agency has lifted Trump-era limitations on subregulatory guidance. The DOL has also recently pushed back the tip pool and tip credit regulations that had yet to take effect and has proposed a new joint-employer rule that is pending regulatory review. Read more about the new proposed joint-employer rule (subscription may be required) - law360.com/employment-authority/articles/1358450/biden-dol-puts-trump-joint-employer-rule-in-crosshairs

    OSHA to Oversee Whistleblower Complaints

    The Occupational Safety and Health Administration (OSHA) will now oversee worker retaliation complaints filed under two new statutes signed under President Trump: the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act. Read more about OSHA’s new role (subscription may be required) - wsj.com/articles/new-whistleblower-protection-laws-broaden-oshas-investigative-reach-11614162602

    Other Highlights

    Sweeping Changes for NYC Fast-Food Industry

    New York City recently enacted two laws that will grant several union-style protections to fast-food employees. Among other things, these laws will prohibit fast-food employers from terminating or cutting employees’ hours without just cause and will require employers that lay off employees due to bona fide economic reasons to do so in order of seniority. Learn more - ebglaw.com/news/new-york-city-enacts-sweeping-changes-to-fast-food-industry-progressive-discipline-rules-just-cause-discharge-predictive-scheduling-and-more/

    NYC’s “Ban the Box” Law Broadened

    New York City’s Fair Chance Act, or “ban-the-box law,” has been broadened to include pending arrests and other criminal accusations, and prohibits inquiries into certain matters even after an employer makes a conditional job offer. Here’s more - ebglaw.com/news/new-york-city-expands-applicant-and-employee-protections-under-its-ban-the-box-law/

    Non-Compete Restrictions Heat Up

    A bipartisan bill has been introduced in both houses of Congress that would restrict the use of non-compete agreements. While limiting non-competes at the federal level may still be too difficult to pass, the New York City Bar recently recommended that the state legislature adopt statutory guidelines governing the use of non-competes for lower-salary employees. The recommendation in New York comes on the heels of a non-compete ban passing in Washington, DC. Read more - tradesecretsandemployeemobility.com/

    WORKFORCE (re)imagined.TM

    Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - 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. The Biden Department of Labor (DOL) has adopted a new approach to wage and hour enforcement. What can employers expect?

    Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration.

    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.

    You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

    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. Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back.

    OSHA Updates COVID-19 Guidance

    In response to President Biden's executive order, the Occupational Safety and Health Administration (OSHA) has released revised guidance for employers. The new guidance includes recommendations that employers provide vaccines to eligible employees, implement COVID-19 prevention programs, and provide face coverings to all employees, whether they have been vaccinated or not. Here’s more - workforcebulletin.com/2021/02/04/osha-issues-revised-covid-19-guidance-not-mandatoryyet/.

    CDC Issues New Mask Guidance

    Meanwhile, the Centers for Disease Control and Prevention (CDC) issued revised mask-wearing guidance that emphasizes important mask practices for slowing the spread of COVID-19, including proper fit and masks with layers or double masks. It is not yet clear if OSHA will also adopt the new CDC mask guidance. Read more - healthemploymentandlabor.com/2021/02/16/make-sure-its-a-good-fit-the-cdc-issues-revised-covid-19-mask-guidance/.

    Biden Administration Rolls Back Workplace Regulations

    In month one, the Biden administration is rolling back Trump-era policies at a steady pace, and many of those changes directly impact the workplace. The rollbacks have affected areas like the voluntary wage and hour compliance program, several Fair Labor Standards Act opinion letters, and pro-business guidance from the National Labor Relations Board.

    Other Highlights

    Considering Making Remote Work Permanent?

    Companies considering turning 2020’s remote work experiment into an actual long-term business plan should look at these 12 things - hrdive.com/news/12-ways-to-make-telework-work-for-the-long-haul/594971/.

    COVID-19 Compliance Requirements – What Employers Need to Know

    Compliance with the many COVID-19 workplace requirements remains top of mind for employers. Hear about the latest strategies for remaining compliant as vaccines become more available to employers and their employees - ebglaw.com/news/susan-gross-sholinsky-featured-in-podcast-covid-19-compliance-requirements-what-employers-need-to-know/.

    WORKFORCE (re)imagined.TM

    Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - 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. It’s official: Marty Walsh is set to become the new Secretary of Labor under President Biden. Walsh is coming off two terms as mayor of Boston and made his mark before that as a popular labor leader and community activist. His leadership could indicate a major shift at the U.S. Department of Labor. We take a closer look at Marty Walsh and what his appointment could mean for employers.

    Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration. Our first episode features Epstein Becker Green attorneys David Garland and Greg Keating.

    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.

    You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

    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 look at leadership changes and new religious guidance from the Equal Employment Opportunity Commission (EEOC).

    Biden EEOC Takes Shape

    The Biden EEOC is taking shape, with Democratic Commissioner Charlotte Burrows stepping in as the new EEOC Chair. Commissioner Jocelyn Samuels, also a Democrat, will serve as the new Vice Chair.

    EEOC Revises Religious Guidance

    Meanwhile, the EEOC’s Republican majority pushed ahead with revised religious guidance, updated to reflect several U.S. Supreme Court decisions. The guidance addresses reasonable accommodations for employees with sincerely held religious beliefs and includes an analysis of what constitutes an undue hardship for an employer.

    President Biden Repeals Diversity Training Ban

    In one of his Day One Executive Actions, President Biden rescinded former President Trump's anti-bias training ban. Federal contractors have 60 days to adjust their training programs. Click for more - workforcebulletin.com/2021/02/03/president-biden-revokes-trump-administrations-workplace-diversity-training-restrictions/

    Other Highlights

    $15 Minimum Wage for Federal Employees

    In other news for federal contractors, President Biden instructed the Office of Personnel Management to make recommendations to promote a $15/hour minimum wage among federal employees, including contractors. Read more - wagehourblog.com/2021/01/articles/wage-and-hour-policies/biden-administration-proposes-raising-minimum-wage-for-federal-employees-and-contractors/

    “Just Cause” Employee Termination Laws Gain Traction in Certain Sectors

    New York City and Los Angeles have now enacted laws that have created “just cause” requirements for employers in certain industries. Attorney David Prager speaks with Bloomberg about LA’s “right of recall” ordinance, which has imposed de facto “just cause” requirements for employers in industries like travel and events that have laid off workers amid the pandemic. Learn more - news.bloomberglaw.com/daily-labor-report/nyc-fast-food-worker-law-shines-light-on-just-cause-policies

    WORKFORCE (re)imagined.TM

    Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - 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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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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