Workforce Bulletin

On April 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC or the “Commission”) published its final rule (“Final Rule”) and interpretive guidance to implement the  Pregnant Workers Fairness Act (PWFA). The Final Rule will take effect on June 18, 2024.

Although the PWFA borrows language and concepts that employers are already familiar with from existing federal protections, the Commission’s proposed rule to implement the PWFA (“Proposed Rule”), issued in August 2023, emphasized that the PWFA’s protections are broader and intended to cover ...

On May 17, 2023, Michigan Governor Gretchen Whitmer signed SB 147 into law, amending the Elliot-Larsen Civil Rights Act (“ELCRA”) to expand its protections from workplace discrimination to those who have abortions.  The law is expected take effect on March 31, 2024, ninety-one days after final adjournment of the Michigan Legislature’s 2023 Regular Session and will apply to any Michigan employer with one or more employees. This is the second time this year that the Michigan Legislature has amended ELCRA, joining SB 4 in early March 2023, which amended ELCRA to add protections for individuals based on their sexual orientation, and gender identity or expression.

The United States Supreme Court (“SCOTUS”), in Dobbs v. Jackson Women’s Health Organization, has held that there is no constitutional right to abortion, overruling Roe v. Wade and Casey v. Planned Parenthood.

On Monday, October 25, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updates to its online technical assistance for employers, providing guidance for managing workplace issues arising from the ongoing COVID-19 pandemic in compliance with the panoply of federal anti-discrimination laws that it enforces.

The updated guidance now includes a new section “L” entitled Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates. The new material includes links to federal regulations regarding religious discrimination as ...

We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be?  The proposed rules were to replace the EEOC’s previous “health-contingent” wellness program regulations, which had been struck down by the U.S. District Court for the District of Columbia because they allegedly permitted large incentives that the court found were essentially coercive and thus in violation of the ADA and GINA proscriptions permitting only voluntary disclosures of disability or genetic-related information ...

Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish programs that provide employees with incentives to achieve certain health outcomes, such as smoking cessation or weight loss. Employers must exercise caution in creating such health-contingent wellness programs, which necessarily require employees to disclose health information, because the Americans with Disabilities Act (“ADA”) and the ...

As the first wave of COVID-19 vaccinations are being administered across the United States, employers are considering whether to mandate and/or administer the COVID-19 vaccine to employees.  On December 16, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released updates to “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” its Technical Assistance Questions and Answers publication, addressing potential concerns with vaccine administration and anti-discrimination laws the EEOC ...

The rising number of COVID-19 cases in New Jersey has prompted Governor Phil Murphy to issue two new Executive Orders aimed at tightening restrictions on businesses and activities, with a goal of slowing the spread of the virus: (1) Executive Order 194 (“EO 194”) sets limits on indoor operations for bars/restaurants, prohibits indoor interstate youth sports competitions, and clarifies occupancy limits for personal care services; and (2) Executive Order 196  (“EO 196”) tightens prior restrictions on indoor and outdoor gatherings.

EO 194

Indoor/Outdoor Dining

EO 194 ...

[Update: Governor Murphy has extended the public health emergency several additional times, and it is now in place until approximately January 20, 2021.]

On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will ...

On June 26, 2020, New Jersey Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms.  Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020,  but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue to be prohibited indefinitely.  Gov. Murphy based this reversal on the “spikes in ...

Update:  On August 3, 2020, Gov. Murphy signed Executive Order 173 retightening  restrictions on permissible indoor gatherings to 25%  of a room’s capacity, with a maximum of 25 individuals.  The new limit does not apply to weddings, funerals, memorial services and religious and political activities protected under the first amendment. These gatherings will remain to 25% capacity and 100 maximum attendance.

On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156  (“EO 156”), which, effective immediately, increases the permissible number of attendees at ...

On June 18, 2020, New Jersey Governor Phil Murphy issued Executive Order 155 (“EO 155”), which as of July 1, 2020, allows degree-granting public and private institutions of higher education (“IHE”) to resume instruction that cannot be readily taught other than in-person.  Specifically, EO 155 allows resumption of in-person labs, technical, clinical, or hands-on instruction, with enhanced health and safety protocols.

IHEs that are authorized and intend to resume in-person instruction pursuant to EO 155 must submit a restart plan to the Secretary of Higher Education (the ...

On June 13, 2020, New Jersey Governor Phil Murphy signed Executive Order 154 (“EO 154”), permitting the reopening of “personal care service facilities,” at 6:00 a.m. on June 22, 2020, provided the facilities comply with mandated social distancing and other health safeguarding requirements.  Specifically, EO 154 covers, “cosmetology shops; barber shops; beauty salons; hair braiding shops; nail salons; electrology facilities; spas, including day spas and medical spas, at which solely elective and cosmetic medical procedures are performed; massage parlors ...

New Jersey Governor Phil Murphy issued Executive Orders last week increasing the permissible number of attendees for indoor and outdoor gatherings, lifting part of a prior Executive Order that had directed residents to stay home, and setting a date and requirements for the reopening of outdoor pools and other outdoor entertainment and recreation.

Executive Order 152 – Expanding the Limits on Indoor and Outdoor Gatherings

On June 9, 2020, Gov. Murphy signed Executive Order 152 (“EO 152”), which effective immediately, permits an increased number of people at indoor and ...

Citing the continuing need to protect the New Jersey residents from COVID-19 (even as the state ramps up its reopening), on June 4, 2020, New Jersey Governor Phil Murphy signed Executive Order 151 (“EO 151”) , extending the state’s Public Health Emergency by thirty days, i.e., until July 4, 2020. Pursuant to EO 151, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health ...

Child care centers, day camps, some organized sports, outdoor dining and indoor non-essential retail are the latest business and activities that soon can start reopening (with limitations) pursuant to two Executive Orders signed last week by New Jersey Governor Phil Murphy.

Executive Order 149 – Child Care Centers, Day Camps, Organized Sports

On May 29, 2020, Gov. Murphy signed Executive Order 149 (“EO 149”) , to allow the re-opening (with restrictions and guidelines) of all child care centers and other child care facilities, day camps and the operation of non-contact ...

On May 18, 2020, New Jersey Governor Phil Murphy issued  Executive Order 147, which allows for the resumption of certain outdoor recreational businesses (subject to conditions and restrictions), and loosens some of the restrictions that had been placed on golf courses.   Some of the provisions of Executive Order 147 took effect on May 19, 2020, and others will take effect at 6:00 a.m. on Friday, May 22, 2020.

Outdoor Recreational Businesses or Activities that Have Been Closed

Pursuant to Executive Order 147, the following outdoor recreational businesses or activities that were closed ...

On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 , which allows for the resuming of non-essential construction projects (subject to certain conditions and restrictions), the reopening of retail businesses (curbside pickup only) and permitting public gatherings of more than 10 people so long as attendees stay in closed (or socially distant) vehicles.   Some of the provisions of Executive Order 142 take effect immediately, and others at 6:00 a.m. on Monday, May 18, 2020.

Non-Essential Construction

Previously, Gov. Murphy permitted the operation of ...

On May 6, 2020, New Jersey Governor Phil Murphy signed Executive Order 138, in which he extended the Public Health Emergency by 30 additional days, until June 5, due to the continuing need to protect the health, safety and welfare of New Jersians from COVID-19.  Executive Order 138 also states that all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect.

Gov. Murphy originally declared both a State of ...

New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued orders this week lifting some closures and reiterating or clarifying others, as follows.

Administrative Order 2020-10

On April 27, 2020, in Administrative Order 2020-10 (“A.O. 10”) , Col. Callahan clarified and amended Executive Order 107 (which we wrote about here).  A.O. 10, which became effective immediately, permits the reopening of certain business operations now deemed “essential retail business,” ...

On April 8, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 122 (“Order 122”) requiring certain businesses that are permitted to remain open (as set forth in his prior Executive Order 107, about which we wrote about here, and other prior Orders) take specific steps to protect employees and customers from COVID-19, and directing the cessation of all non-essential construction projects.  Three days later, on April 11, 2020, Gov. Murphy signed Executive Order No. 125 (“Order 125”) requiring NJ Transit and private bus and rail companies to limit rider capacity ...

On March 30, 2020, New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued Administrative Order 2020-6  providing additional guidance regarding how certain businesses may operate under Gov. Murphy’s Executive Order 107 (which we wrote about here).  The Administrative Order clarifies and directs that:

• Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business, but that open houses are still ...

On Saturday, March 21, 2020, New Jersey Governor Phil Murphy signed two Executive Orders to bring state-wide consistency to the mandated restrictions and closures arising from the COVID pandemic. The first, Executive Order 107 (Order 107) requires all nonessential New Jersey private businesses and nonprofits to close to the public (with certain exceptions), details restrictions and guidelines for those that are not required to close, and requires residents to stay at home unless they are engaging in excepted conduct.  Order 107 supersedes and increases the prior restrictions ...

We are pleased to present Workforce Bulletin, the newest blog from law firm Epstein Becker Green (EBG). We've combined a decade of posts from five of the firm's well-regarded blogs, spanning employment law topics impacting employers in a range of industries and areas, including financial services, hospitality, OSHA, retail, technology, and more.

Workforce Bulletin will feature thought leadership from EBG attorneys on cutting-edge issues, such as sexual harassment, diversity and inclusion, pay equity, artificial intelligence in the workplace, cybersecurity, and the impact ...