As featured in #WorkforceWednesday: This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.
As featured in #WorkforceWednesday: This week, we look at the additional guidance the Equal Employment Opportunity Commission (EEOC) recently issued regarding caregivers.
As featured in #WorkforceWednesday: This week, we look at a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.
As featured in #WorkforceWednesday: This week, we look at how employers can make adjustments to their benefits policies to assist employees who want to offer help and support to Ukraine.
As featured in #WorkforceWednesday: This week, we’re looking at how employment laws and regulations are being impacted by the Biden administration’s recent actions on the international and national stages.
As featured in #WorkforceWednesday: This week, we look at H.R. 4445, new federal legislation that addresses mandatory arbitration of sexual assault and harassment claims.
As featured in #WorkforceWednesday: This week, we focus on new developments increasing whistleblower protections across the country and prohibiting mandatory arbitration of sexual assault and harassment claims.
As featured in #WorkforceWednesday: This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.
As featured in #WorkforceWednesday: This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022.
As featured in #WorkforceWednesday: This week, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.
As featured in #WorkforceWednesday: This week, we’re breaking down what last week’s U.S. Supreme Court decision on two of the federal vaccine mandate rules will mean for employers.
As featured in #WorkforceWednesday: This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking.
As featured in #WorkforceWednesday: This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.
As featured in #WorkforceWednesday: This week, we look at the status of the federal government’s COVID-19 vaccine rules for employers and the COVID-19 vaccine mandates in New York State and City.
As featured in #WorkforceWednesday: This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.
As featured in #WorkforceWednesday: This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for in 2022.
As featured in #WorkforceWednesday: The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule outlining vaccine requirements for staff at Medicare- and Medicaid-certified providers and suppliers.
Attorney Frank Morris discusses the next steps for health care providers. In addition, covered employers should continue to monitor the recent litigation filed in the Eastern District of Missouri and the Western District of Louisiana seeking to permanently enjoin the CMS interim final rule.
See below for the video and podcast links. Visit ...
As featured in #WorkforceWednesday: This week, we look at the next steps large employers and health care providers need to take to comply with vaccine mandate rules applicable to their organizations.
As featured in #WorkforceWednesday: This week, the Biden administration has finally released the COVID-19 vaccine mandate rules for employers with 100 or more employees, and the challenges started right away.
Employers Face December, January Vaccine ETS Deadlines
On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated Emergency Temporary Standard (ETS). The ETS covers COVID-19 vaccine, testing, and related requirements for most employers with at least 100 employees. Attorneys Bob O’Hara and Nancy Popper discuss how ...
As featured in #WorkforceWednesday: This week, government agencies at both the federal and state level are preparing for the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS).
Employer Anticipation Builds for OSHA ETS
All eyes are on DC as the wait continues for OSHA’s COVID-19 Vaccination and Testing ETS, for employers with 100 or more employees. Last week, the Office of Information and Regulatory Affairs (OIRA) held more than 100 meetings with stakeholders to aid in its review of OSHA’s proposed ETS. OIRA completed ...
As featured in #WorkforceWednesday: This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.
Remote Work and Reasonable Accommodations
A recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuit shows the agency is closely watching and is interested in litigating cases where an employer fails to provide employees with reasonable accommodations in connection with requests for remote work during the pandemic. As these requests continue ...
As featured in #WorkforceWednesday: This week, we review the status of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring employers to mandate vaccines.
Employers Await White House Decision on OSHA ETS
Last week, OSHA sent to the White House its draft emergency temporary standard, which will require employers with 100 or more employees to ensure that their employees are vaccinated or provide a negative COVID test at least weekly. The Office of Information and Regulatory Affairs will now review OSHA’s ETS, holding ...
As featured in #WorkforceWednesday: This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead.
EEOC: Back in Enforcement Action
The EEOC increased its FY 2021 filings by 12 percent, signaling to employers that the agency is returning to a more robust enforcement level after a downturn in activity last year amid COVID-19. Attorneys Jim Petrie and Amy Bharj tell us more about what we can learn from the past year’s cases.
As featured in #WorkforceWednesday: This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship.
Employers Prepare for Biden’s Expansive Vaccine Mandate
The full impact of President Biden’s COVID-19 action plan is sinking in for employers. The Safer Federal Workforce Task Force released guidance for federal contractors and subcontractors requiring vaccinations for most employees of federal contractors by December 8.
Vaccine ...
As featured in #WorkforceWednesday: This week, we update you on recent guidance for and challenges to President Biden’s requirement that employers with 100 or more employees, federal employers and contractors, and health care employers mandate COVID-19 vaccination.
Presidential Vaccine Mandate: Challenges and Guidance
President Biden’s COVID-19 action plan set off a flurry of new guidelines for employers as well as challenges to the plan. Last week, new challenges were introduced in the courts, and the Safer Federal Workplace Task Force released guidance for federal ...
As featured in #WorkforceWednesday: This week, we look at significant developments for employers from across the federal government, including at the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the Securities and Exchange Commission (SEC).
As featured in #WorkforceWednesday: This week, we focus on Biden’s six-pronged action plan towards combating COVID-19, which requires mandatory vaccination programs for a majority of employers.
Biden Announces Employer Vaccine Mandates
On September 9, President Biden announced that all federal agencies and contractors and employers with 100 or more employees in the private sector must mandate COVID-19 vaccination through a new Occupational Safety and Health Administration-enforced emergency temporary standard. The plan is estimated to impact two-thirds of the ...
As featured in #WorkforceWednesday: This week, we look at the renewed focus on mandatory vaccination policies and how those policies may need to shift in light of COVID-19 booster shots.
President Biden Calls on Employers to Mandate Vaccines
Shortly after the U.S. Food and Drug Administration granted full approval of the Pfizer vaccine for those 16 and older, President Biden encouraged private employers to “step up” their vaccination requirements.
COVID-19 Booster Shots Raise Employment Issues
Employers with mandatory vaccine policies must now decide whether they will ...
As featured in #WorkforceWednesday: This week, we look at new federal guidance recommending all employees wear masks in the workplace and unique vaccination considerations for unionized workplaces.
OSHA Updates COVID-19 Mask, Vaccination Guidance
The Occupational Safety and Health Administration (OSHA) recently updated its COVID-19 guidance, now recommending that all employees wear masks in the workplace, even if they’re vaccinated. Meanwhile, employers with unionized workforces face unique considerations with regard to vaccination polices. Attorneys Bob ...
As featured in #WorkforceWednesday: This week, we look at how the COVID-19 Delta variant is shifting employer vaccination policies and how that shift is conflicting with regulations in some states.
The Shift to Mandatory Vaccinations
The Delta variant of COVID-19 is fueling another new chapter of the pandemic: mandates. Recent federal and state action is driving a trend toward employers mandating vaccines. Read more about state action in California and New Jersey.
States Hold Firm with Passport and Mandate Bans
While the trend is shifting back toward greater caution ...
As featured in #WorkforceWednesday: This week, we look at the restriction and legislation of non-compete agreements.
The Future of Non-Compete Agreements
The restriction and legislation of non-compete agreements is gaining traction around the country, with states and the federal government passing or proposing new restrictions on the clauses. In July, President Biden signed an executive order that discussed the regulation of non-compete agreements, which in the past has only been the province of the states. Attorneys Pete Steinmeyer and Brian Spang discuss how the ...
As featured in #WorkforceWednesday: This week, we look at how COVID-19 restrictions are tightening to curb the spread of the Delta variant, how NYC is ramping up enforcement of its ban-the-box law, and how Biden’s budget could impact employers.
COVID-19 Restrictions Tighten
The rapid spread of the COVID-19 Delta variant has many in the United States talking about the potential of a second lockdown. The Biden administration is now mandating vaccines or strict testing for federal workers, and the Centers for Disease Control and Prevention is recommending that vaccinated people in ...
As featured in #WorkforceWednesday: This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.
The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history. Attorney Steve Swirsky discusses the potential impact the PRO Act ...
As featured in #WorkforceWednesday: This week, we focus on President Biden’s recent push to limit non-compete agreements and finalize key labor and employment appointments.
Biden Executive Order Seeks to Boost Competition
President Biden has issued an expansive executive order, which aims to boost competition across the U.S. economy, lower prices for consumers, and increase pay for workers. The order encourages federal action to ban or limit non-compete agreements, reigniting a policy debate which raged at the end of the Obama administration over when and how non-competes ...
As featured in #WorkforceWednesday: This week, we recap the U.S. Supreme Court’s term and its impact on employers.
U.S. Supreme Court Employment Law Decisions in Review (see video below)
The Supreme Court’s term ended on July 1, 2021. Attorney Stuart Gerson discusses two main cases from the term with labor and employment implications, Cedar Point Nursery v. Hassid and TransUnion LLC v. Ramirez. He also discusses the Court's interest in ERISA, including a case in which the Court granted certiorari that employers may wish to track in the next term.
Biden Takes Action to Limit ...
As featured in #WorkforceWednesday: This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor.
Employers Implement Mandatory Vaccination Policies
Mandatory vaccine policies are on the rise. A month after the Equal Employment Opportunity Commission released updated guidance on mandatory vaccination policies, an increasing number of employers have started introducing these mandates. Courts are also weighing in—a Texas District Court recently affirmed a hospital’s ...
As featured in #WorkforceWednesday: This week, we focus on evolving pandemic regulations at both the federal and state levels.
The Evolution of Workplace Pandemic Regulations
Federal agencies and states across the country are adjusting or removing COVID-19-specific rules, while releasing new regulations that have a longer-term horizon meant to be a blueprint for the next phase of COVID-19 and future pandemics. Examples of this phenomenon include the Occupational Safety and Health Administration’s release of its emergency temporary standard for health ...
As featured in #WorkforceWednesday: This week, we look at the ways in which states are relaxing COVID-19 restrictions and discuss the much-anticipated Occupational Safety and Health Administration (“OSHA”) emergency temporary standard.
States Adjust COVID-19 Regulations to Align with CDC Guidance
States are relaxing or lifting COVID-19 regulations in different ways to align with the latest guidance from the Centers for Disease Control and Prevention (“CDC”), causing confusion for many employers. The CDC’s guidance does not provide a recommended mechanism ...
As featured in #WorkforceWednesday: This week, we look at new Equal Employment Opportunity Commission (EEOC) COVID-19 vaccine guidance as well as vaccination protocols for multinational workforces.
Employers Adjust to New EEOC Guidance on COVID-19 Vaccines
The EEOC recently updated and expanded its guidance on COVID-19 vaccines and the workplace to cover incentives, accommodations, and mandatory vaccination policies. Attorneys Avi Bernstein and Lauri F. Rasnick explain how the new EEOC guidance impacts employers’ vaccination policies. Read more.
As featured in #WorkforceWednesday: This week, we look at the fallout from the Centers for Disease Control and Prevention's (CDC's) change in guidance for fully vaccinated individuals.
CDC Guidance Causes Uncertainty
In the wake of the CDC guidance removing mask and distancing recommendations for fully vaccinated people, agencies, states, and employers have adjusted in different ways. Many states, including New York, New Jersey, Connecticut, and Illinois, have updated their guidance to reflect the CDC’s recent pronouncement. But restrictions and mandates still differ ...
As featured in #WorkforceWednesday: This week, we focus on the Centers for Disease Control and Prevention's (CDC's) new guidance for vaccinated individuals and what it means for accommodations.
Employers Navigate New CDC Guidance for Fully Vaccinated Individuals
Last week, the CDC updated its guidelines to state that it is safe for fully vaccinated people to resume normal activities without masks or social distancing "except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance ...
As featured in #WorkforceWednesday: This week, we look at the return to Obama-era employment and labor policies, with a key difference: unionization.
As featured in #WorkforceWednesday: While the Equal Employment Opportunity Commission says that employers can institute mandatory vaccination policies, there are many legal considerations that come with those policies, especially as more employees return to work. And employers that do not mandate vaccines are wondering what workplace rules they can implement without legal risk. Attorneys Jennifer Barna and Nathaniel Glasser tell us more. You can also read more about the legal considerations of mandating vaccination.
As featured in #WorkforceWednesday: This week, several COVID-19 vaccine news developments and updates were announced for employers.
Paid Leave Tax Credit for Employers
President Biden recently announced employers that offer full pay to workers for vaccinations and recovery may be entitled to a paid leave tax credit.
EEOC Promises Guidance on COVID-19 Vaccine Incentive Programs
EEOC acting legal counsel Carol Miaskoff said recently that the agency will release guidance on vaccine incentive programs.
OSHA Offers Guidance on Vaccine Reaction Reporting
Guidance from OSHA ...
As featured in #WorkforceWednesday: This week, our special podcast series, Employers and the New Administration, concludes with a look at how President Biden’s landmark American Rescue Plan impacts employers.
As President Biden’s first 100 days come to a close, his $1.9 trillion American Rescue Plan Act of 2021 (ARPA) is having a big impact on employers. The plan, one of the largest stimulus bills in history, attempts to provide relief to constituents affected by the COVID-19 pandemic through several ways, among those ways are changes to employee benefits and compensation.
In ...
As featured in #WorkforceWednesday: This week, employers continue waiting on OSHA's COVID-19 emergency temporary standard as retaliation claims rise.
As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs and the Occupational Safety and Health Administration. Guest attorney Bob O’Hara discusses the regulatory actions employers should anticipate. Attorney David Garland leads the conversation.
Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the Biden administration’s first 100 days ...
As featured in #WorkforceWednesday: This week, some practical updates on posting requirements, reporting deadlines, and new COVID-19 leave in California.
As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.
In this episode, Glenn Spencer, Senior Vice President of the Employment Policy Division at the U.S. Chamber of Commerce, and attorney Steve Swirsky discuss what employers can expect from the NLRB under the Biden administration. Attorney David Garland leads the conversation.
See below for the video edition and the extended ...
As featured in #WorkforceWednesday: This week, COVID-19 recovery and safety are top of mind as new stimulus funding, an Occupational Safety and Health Administration (“OSHA”) directive, and paid leave requirements are put in place.
As featured in #WorkforceWednesday: In this episode, hear from EEOC Commissioner Keith Sonderling. As a sitting commissioner, Mr. Sonderling has a unique perspective on priorities, new initiatives, and the outlook for what employers can expect from the agency in 2021. Attorney David Garland leads the conversation.
Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the first 100 days of the Biden administration. Special podcast episodes air every other #WorkforceWednesday.
If you’d like to hear ...
As featured in #WorkforceWednesday: In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status.
As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, we look at how the Biden administration’s approach to wage and hour issues will impact employers. Special podcast episodes air every other #WorkforceWednesday.
The Wage and Hour Division of the U.S. Department of Labor (DOL) has already adopted the Biden administration’s commitment to enforcement, its movement against arbitration agreements, and a fresh view on worker classification. What other wage and hour developments can employers expect under ...
As featured in #WorkforceWednesday: This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back.
As featured in #WorkforceWednesday: This week kicks off Employers and the New Administration, a special podcast series on how the Biden administration’s first 100 days will impact employers. In this episode, attorney David Garland interviews attorney Gregory Keating on what the nomination of Marty Walsh as Labor Secretary means for employers.
The series will air every other week in #WorkforceWednesday and on your preferred podcast platform.
See below for the video and the extended podcast edition. Visit our site for more news.
As featured in #WorkforceWednesday: This week, we look at leadership changes and new religious guidance from the Equal Employment Opportunity Commission.
As featured in #WorkforceWednesday: In early January, the Equal Employment Opportunity Commission (EEOC) issued proposed rules on using incentives to encourage employee participation in wellness programs. While we don’t know exactly how President Biden’s EEOC will adjust the proposed rules, attorney Frank Morris explains why employers should keep the rules in mind when offering incentives to employees for COVID-19 vaccination. Read more.
As featured in #WorkforceWednesday: This week, President Biden takes office, making combatting COVID-19 his top priority. Employers are also planning ways to incentivize employee vaccination.
As featured in #WorkforceWednesday: With President-Elect Biden's inauguration next week, and the Democrats taking a narrow majority in both houses of Congress, we’re likely to see shifts in policy at the agencies that regulate employment. Attorney Robert O'Hara discusses what we're likely to see coming out of the EEOC in the near term, and how the change in party control could affect the agency moving forward.
As featured in #WorkforceWednesday: President-Elect Biden has chosen Marty Walsh to serve as Labor Secretary in his administration. Walsh is Boston’s mayor and a former top union leader. Attorney David Garland tells us more.
As featured in #WorkforceWednesday: The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace. See our video featuring attorneys Brian Cesaratto, Denise Dadika, Nathaniel Glasser, RyAnn McKay Hooper, Shawndra Jones, Cassandra Labbees, Robert O'Hara, and George Carroll Whipple.
As featured in #WorkforceWednesday: This week, Congress finally passes a COVID-19 relief bill as employers make longer-term plans for vaccination programs and return to work.
As featured in #WorkforceWednesday: Employers considering mandatory COVID-19 vaccination programs need to address challenges. For example, how will your company handle reasonable accommodations or the potential risk of liability for health problems caused by employer-mandated vaccines? Read more.
As featured in #WorkforceWednesday: The Department of Labor will look very different under President-Elect Biden from how it did under President Trump, and the changes could come in the early days of Biden’s presidency. Attorney Paul DeCamp tells us more.
As featured in #WorkforceWednesday: This week, we look at a new COVID-19 quarantine timeline and stricter workplace safety regulations in California.
As featured in #WorkforceWednesday: News that a potential COVID-19 vaccine could be imminent brings employers to their next challenge: workplace vaccine policies and procedures. Attorneys Jennifer Barna and Nathaniel M. Glasser tell us more. You can also read about the issues in Business Insider (subscription required).
As featured in #WorkforceWednesday: This episode looks at how workplace guidance is changing as COVID-19 surges and the executive orders most likely to be reversed by the new administration.
As featured in #WorkforceWednesday: Voters in Arizona, Montana, New Jersey, and South Dakota approved adult recreational marijuana use. Mississippi and South Dakota also legalized medicinal marijuana. Employers should review workplace drug and testing policies and be aware they may also need to provide reasonable accommodations for medical marijuana users going forward. Read more.
As featured in #WorkforceWednesday: California voters passed Proposition 22, which will exempt app-based transportation and delivery network companies from the state’s AB5 worker classification law. Attorneys Amy Ramsey and Kevin Sullivan tell us what this means for CA employers and the gig economy more broadly. You can read more here.
As featured in #WorkforceWednesday: This week, workplace safety and liability issues are top of mind while employers also look ahead to the tax issues telecommuting will cause this tax season.
As featured in #WorkforceWednesday: Employers fear that the COVID-19 pandemic could undo recent progress towards workforce equity, with women and caregivers leaving the workforce in droves. Flexible time off, remote work policies, and employee benefits, like on-site child care, are just a few options employers can deploy to retain female talent. Learn more about the legal issues.
As featured in #WorkforceWednesday: The Centers for Disease Control and Prevention broadened its definition of “close contact.” Now, spending a total of 15 minutes within six feet of an infected individual over a 24-hour period counts as close contact. Previously, it was an exposure period of 15 consecutive minutes. Attorney Denise Dadika explains what this change means for employers.
As featured in #WorkforceWednesday: This week, federal contractors receive guidance on diversity training, while many employers are committing to diversity and inclusion anew with updated plans and time off to vote.
As featured in #WorkforceWednesday: While some might expect U.S. Supreme Court nominee Amy Coney Barrett to be a pro-employer judge, her record on labor and employment decisions could tell a different story. Attorney David Garland discusses Judge Barrett’s record and what it could mean for employers should she be confirmed to the High Court. Read more about Judge Barrett’s record (subscription required).
As featured in #WorkforceWednesday: Workplace incidents—ranging from shootings and assaults to less severe violence—have spiked across a variety of industries during the COVID-19 pandemic. Attorney Beth McManus discusses the steps employers can take to address and prevent workplace violence in the current environment. Read more.
As featured in #WorkforceWednesday: The appropriate response to an employee’s controversial off-duty or other conduct, particularly conduct that occurs on social media, has long been an uncertain area for employers. And in these polarized times, that uncertainty is only growing. Attorney Adam Forman speaks to how employers can legally respond to offensive employee conduct that occurs beyond the workplace.
As featured on #WorkforceWednesday: Like many of you, this week, we are honoring Justice Ruth Bader Ginsburg and reflecting on her employment law legacy. See the video below.
As featured in #WorkforceWednesday: Employers are reevaluating plans after Centers for Disease Control and Prevention (CDC) reversals, and the U.S. Department of Labor (DOL) offers clarification on wage and hour issues related to the pandemic.
Featured in #WorkforceWednesday: As employers plan for workers to return to work, utilizing COVID-19 liability waivers is one idea that businesses are thoroughly considering. Attorney Jimmy Oh discusses the risks and effectiveness of these waivers.
Video: YouTube, Vimeo, MP4, Instagram.
Featured in #WorkforceWednesday: As enterprises continue to weigh the decisions and risks related to workplace transition, CLOs play a crucial role in addressing everything from leading the legal team and functions remotely, to the heightened organizational data privacy and security risk or the tax and immigration concerns that have arisen from these employee transitions.
Special guests Lori Lorenzo, Research and Insights Director of Deloitte’s Chief Legal Officer Program at Deloitte Transactions and Business Analytics LLP, and David Garland, Chair of the ...
As featured in #WorkforceWednesday: To support employee mental health, employers have important tools available, such as telemental health benefits, vacation, leave, and the interactive accommodation process. Watch for a few quick tips.
As featured in #WorkforceWednesday: One way employers can support employee mental health in today’s environment is ensuring that their benefits offerings include telemental health services. Attorneys Cassandra Labbees and Amy Lerman tell us more about telemental health and evaluating your benefits plans.
As featured in #WorkforceWednesday: As employers continue to navigate the COVID-19 pandemic, many executives are taking pay cuts or forgoing pay to help businesses stay afloat. This is affecting executive contracts and compensation packages, and could result in significant changes in the future. Attorneys Gretchen Harders and Rina Fujii tell us more.
As featured in #WorkforceWednesday: The COVID-19 pandemic has created a sudden imbalance in the labor market. While many employers are implementing layoffs or furloughs, other “essential” businesses are searching for additional employees to meet demand. Attorneys Nathaniel Glasser and Ian Carleton Schaefer discuss how employers can use creative approaches to address this imbalance. Read more about the strategies for employers (subscription required).
As featured in #WorkforceWednesday: With all the challenges businesses are facing, it is hard to stay focused on data security. Hackers see the newly remote workforce as an opportunity, and phishing attacks are on the rise. Employers can fight back in a few ways:
- Educate employees.
- Update training materials and work-from-home policies.
- Get security patches to employee devices quickly.
- Update your data breach response plan and communicate it.
- Remind your employees to help keep data secure by password-protecting devices with strong passwords and protecting sensitive ...
As featured in #WorkforceWednesday: Last week, Congress passed and President Trump signed the CARES Act, a $2+ trillion stimulus law, which is the largest stimulus in U.S. history. Attorney Paul DeCamp discusses how this law could benefit certain employers during this unprecedented time in the following video interview.
As featured in #WorkforceWednesday: In the event the coronavirus spreads drastically, many employers will want to implement mandatory work-from-home policies. Employers should consider various aspects of the Fair Labor Standards Act when crafting these policies. Attorney Jeffrey H. Ruzal explains best practices in the following video interview. See also his recent post on the Wage and Hour Defense Blog.
Video: YouTube, Vimeo, MP4, Instagram.
Podcast: Apple Podcasts, Google Play, Overcast, Soundcloud, Spotify, Stitcher.
Following are the top stories featured in this week's #WorkforceWednesday, from Employment Law This Week:
Employee Travel and the Coronavirus
The threat of COVID-19 is growing, and U.S. companies are on high alert. International travel by employees is an area of particular concern to employers. For more, check out our resource center at https://www.ebglaw.com/coronavirus.
NLRB Joint-Employment Rule to Take Effect
The National Labor Relations Board ...
A Trending News video featured in #WorkforceWednesday: Last week, government agencies released several different coronavirus guidance documents for employers:
- The Centers for Disease Control and Prevention released general guidance as well as separate guidance for health care employers.
- The Occupational Safety and Health Administration has released general guidance and additional industry-specific guidance for health care, death care, laboratories, airline operations, border protection, and waste management.
- California’s ...
A Trending News interview with our colleague Michael Ferrell of Epstein Becker Green, as featured in #WorkforceWednesday. As Mike discusses, Kickstarter employees voted to unionize last week. This is the first big unionization in the technology industry, and it could signal more union activity to come.
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in August 2019.
This episode includes:
- Increased Employee Protections for Cannabis Users
- First Opinion Letters Released Under New Wage and Hour Leadership
- New Jersey and Illinois Enact Salary History Inquiry Bans
- Deadline for New York State Anti-Harassment Training Approaches
- Tip of the Week
See below to watch the full episode – click here for story details and video.
We invite you to view Employment Law This Week® – tracking the latest developments that could ...
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers in July 2019. Both the video and the extended audio podcast are now available.
This episode includes:
- State Legislation Heats Up
- NLRB Overturns Another Long-Standing Precedent
- SCOTUS October Term 2018 Wraps Up
- Tip of the Week: How inclusion and trust can increase innovation in the workplace
See below to watch the full episode - click here for story details, the video, and the extended audio podcast.
Stay tuned: Sign-up for email notifications and subscribe to the ...
In its new podcast series, Employment Law This Week has released an extended Monthly Rundown, discussing some of the most important developments for employers in June 2019.
This episode includes:
- Worker Classification in the Gig Economy
- NLRB Announces Rulemaking Agenda
- National Backlash Builds Against Non-Compete Agreements
- Tip of the Week: Compliance with New Jersey’s Equal Pay Act
Stay tuned: Listen to the latest episode on our website or on your preferred platform – iTunes, Google Play, Soundcloud, or Spotify – be sure to subscribe!
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into May 2019.
First up this month, the confusion is over for employers. EEO-1 pay data does not need to be submitted to the EEOC by the end of the month. In what may be the final chapter of the EEO-1 pay data reporting issue, a federal judge in Washington, D.C., ruled that the deadline would be postponed until September 30, 2019. Our colleague Robert J. O'Hara shares his insights in this month's episode.
A Trending News video has been posted now that the Stop Sexual Harassment in NYC Act is in effect. New York employers must provide annual anti-harassment training for their workers, and there are specific rules that apply to independent contractors. Contractors shouldn’t be harassed, and they can also create exposure if they engage in harassment. As a reminder to NYC employers: Don’t forget your contractors!
What the full video below.
Our colleagues Jeff Landes, Jeff Ruzal, and Adriana Kosovych are featured on Employment Law This Week - Predictive Scheduling Laws, the New Normal? - Deep Dive Episode speaking on predictive scheduling laws and the impact on business. Taking the guesswork out of scheduling for wage workers is an attractive proposition for regulators. Laws that require employers to publish employee work schedules a certain amount of time in advance so that employees (especially those in the hospitality and retail industries) can have greater flexibility and work-time predictability to deal ...
Featured on Employment Law This Week: The Department of Labor (“DOL”) rolls back the 80/20 rule.
The rule prohibited employers from paying the tipped minimum wage to workers whose untipped side work—such as wiping tables—accounted for more than 20 percent of their time. In the midst of a federal lawsuit challenging the rule, the DOL reissued a 2009 opinion letter that states that the agency will not limit the amount of side work a tipped employee performs, as long as that work is done “contemporaneously” with the tipped work or for a “reasonable time” before or after ...
Featured on Employment Law This Week: NYC Employers Required to Grant Temporary Schedule Changes .
New York City employers are now required to accommodate some employee schedule changes - As of July 18th, employees in New York City can request temporary schedule changes, or permission to take unpaid time off for personal events like a caregiving emergency. Employers are required to grant up to two changes per year for up to one business day per request. Employees must be on the job for a minimum of 120 days to be eligible. A new poster has also been issued by the City.
Watch this ...
This week’s top story on Employment Law This Week: The Occupational Safety and Health Administration (“OSHA”) plans to roll back a controversial reporting rule initiated at the end of the Obama administration.
OSHA has proposed rescinding parts of a 2017 rule that requires companies with 250 or more employees to submit detailed reports on workplace injuries. OSHA says this move would protect employee privacy and reduce the burden for employers. Three organizations have filed suit over the proposed changes, saying that the data from the detailed reports helps improve ...
This extended interview from Employment Law This Week will be of interest to many of our readers. Attorney and co-editor of this blog, Michelle Capezza explains how recent legal developments have prepared employers for their future workforce, which will include artificial intelligence technologies working alongside human employees. She also looks at the strategies employers should start to consider as artificial intelligence is incorporated into the workplace.
Blog Editors
Recent Updates
- Pumping the Brakes: New York Seeks to Curb AI Acceleration in Labor Market
- Video: California Governor’s PAGA Deal: What Employers Need to Know - Employment Law This Week
- Act Now: New York Employers Must Provide Paid Lactation Breaks to Employees
- Supreme Court Overturns Chevron—but for Stakeholders, the Impact Is No Cause for Alarm
- Fifth Circuit Narrows Application of the Crime-Fraud Exception to the Attorney-Client Privilege in Investigations