Workforce Bulletin

As featured in #WorkforceWednesday: This week, we’re breaking down the California Privacy Protection Agency (CPPA) Board’s new regulations impacting employers:

Last month, the CPPA Board met to discuss several new regulations that could impact employers in California and beyond. Among them were draft regulations for automated decision-making technology, an initiative that’s part of a larger trend across the country to regulate the use of technology in the workplace. Additionally, new cybersecurity audit regulations were discussed. Epstein Becker Green attorneys Nathaniel Glasser and Brian G. Cesaratto explain these new draft regulations and the potential impacts on employers.

As featured in #WorkforceWednesday: This week, we’re detailing the National Labor Relations Board’s (NLRB’s) request for Starbucks to reopen shuttered stores; how big tech is retreating from diversity, equity, and inclusion (DEI) programs; and why employers may start scrapping college requirements for certain positions in 2024.

As featured in #WorkforceWednesday: With such a tumultuous year of labor and employment updates behind us, it begs the question, “What lies ahead in 2024?”

In this special New Year's episode, Epstein Becker Green attorneys share insights and predictions for the 2024 labor and employment space, addressing important topics such as maintaining compliance, promoting mental health, navigating protected concerted activity policies, and staying abreast of the latest developments in artificial intelligence and non-compete guidance.

In this special year-end episode of Employment Law This Week, recorded live from our 42nd Annual Workforce Management Briefing in New York City, Epstein Becker Green attorneys discuss the biggest employment law trends and crucial workforce changes in 2023, covering everything from non-competes and National Labor Relations Board actions to union dynamics, cybersecurity, and the impacts of artificial intelligence.

As featured in #WorkforceWednesday: This week, we’re focusing on three recent Securities and Exchange Commission (SEC) charges against employers for violating whistleblower protection laws and how all employers should take extra steps to ensure compliance in their separation agreements:

Recent charges issued by the SEC represent a dramatic change in the enforcement of whistleblower protections. Epstein Becker Green attorney Greg Keating explains how this can impact all employers, both public and private, and should encourage them to take a closer look at their ...

As featured in #WorkforceWednesday:  This week, we’re recapping the Equal Employment Opportunity Commission’s (EEOC’s) Strategic Enforcement Plan, California’s expanded sick leave requirement law, and the ongoing worker strikes across the country.

EEOC Releases Strategic Enforcement Plan

On September 21, the EEOC published its Strategic Enforcement Plan for fiscal years 2024 to 2028. In the first enforcement plan issued under the Biden administration, the EEOC sheds light on its current priorities.

California Expands Sick Leave Requirements

California is ...

As featured in #WorkforceWednesday:  This week, we’re breaking down recent actions by the National Labor Relations Board (NLRB) that are impacting both union and non-union employers:

The NLRB is continuing its labor-friendly push with increased protections for unions, new limitations on employer rights, and significant changes that are likely to make it easier for unions to secure bargaining rights. Epstein Becker Green attorneys Steven M. Swirsky and Erin E. Schaefer tell us more about the current labor landscape and how the NLRB’s actions apply to more ...

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:

On May 31, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo stating her position that non-compete agreements violate the National Labor Relations Act. So, what does this mean for employers?

As featured in #WorkforceWednesday:  This week, we break down the enforcement of the Pregnant Workers Fairness Act (PWFA), the U.S. Equal Employment Opportunity Commission’s (EEOC’s) EEO-1 report filing delay, and the U.S. Department of Labor’s (DOL’s) recent opinion on the Family and Medical Leave Act (FMLA).

As featured in #WorkforceWednesday:  This week, we’re recapping recent contentious rulings by the Supreme Court of the United States (“SCOTUS” or the “Court”) that are expected to take a toll on employers across the nation.

As featured in #WorkforceWednesday:  This week, we’re recapping the last year of the Dobbs decision:

June 24, 2023, marks exactly one year since the widely controversial Dobbs v. Jackson Women’s Health Organization decision by the United States Supreme Court (SCOTUS).

Epstein Becker Green attorneys Susan Gross Sholinsky, Delia A. Deschaine, and Lucas Peterhans examine the impact this far-reaching SCOTUS decision has had on employee benefit plans and workplace policies, discrimination, and health care regulatory compliance.

As featured in #WorkforceWednesday:  This week, we analyze how employers can benefit from artificial intelligence (AI) innovations while remaining in compliance with federal regulations:

AI is evolving faster than ever before. How can employers prepare for the future of AI in the workplace? Epstein Becker Green attorneys Alexander J. Franchilli and J.T. Wilson III tell us how looming federal regulations and diversity, equity, and inclusion concerns are creating a turbulence of compliance and innovation.

As featured in #WorkforceWednesday:  This week, we recap the continued rise in unfair labor practice (ULP) charge filings reported by the National Labor Relations Board (NLRB); New York City’s new prohibitions against size discrimination in employment, housing, and public accommodations; and Florida’s forthcoming E-Verify requirements for public and private employers with 25 or more employees.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:

Human capital often drives the value of merger and acquisition (M&A) deals in the health care industry. Buyers involved in these deals must retain key employees to secure that value.

Epstein Becker Green’s Spilling Secrets hosts Erik W. Weibust and Katherine G. Rigby join forces with the Diagnosing Health Care podcast hosts Daniel L. Fahey and Timothy J. Murphy to talk about strategies to retain these employees.

As featured in #WorkforceWednesday:  This week, we turn our focus to the conclusion of the COVID-19 Public Health Emergency (PHE) on May 11, 2023:

What does the end of the COVID-19 PHE mean for employers? Epstein Becker Green attorneys Brianna Richardson and Eric I. Emanuelson Jr. describe the challenges employers may encounter as they navigate crucial decisions regarding policies, procedures, and benefits during the ongoing transition process.

As featured in #WorkforceWednesday:  May is Mental Health Awareness Month, and employers are taking the opportunity to examine their policies and procedures around employee mental health. 

Epstein Becker Green attorney Shira M. Blank tells us more about the role employers can play in promoting and supporting mental health in the workplace.

As featured in #WorkforceWednesday:  This week, we unpack the major updates the New York State Department of Labor (NYSDOL) incorporated into its model sexual harassment prevention policy:

The NYSDOL recently released major updates to its model sexual harassment prevention policy. The updates cover issues such as gender identity and remote work. What do employers need to know?

As featured in #WorkforceWednesday:  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.

As featured in #WorkforceWednesday:  This week, we examine how several recent pronouncements and actions by the National Labor Relations Board (NLRB) and its General Counsel’s office are creating new challenges for employers, both union and non-union.

As featured in #WorkforceWednesday:  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.”

As featured in #WorkforceWednesday:  This week, we’re taking a closer look at ChatGPT, exploring the opportunities and risks associated with this artificial intelligence (AI) technology, and providing valuable insights for employers who are looking to stay ahead of the curve:

ChatGPT is set to become the next big thing for employers and beyond. What potential issues should employers be aware of? Epstein Becker Green attorney Brian G. Cesaratto explains how critical it is for employers to think through the workplace-related risks.

As featured in #WorkforceWednesday:  This week, we’re highlighting the National Labor Relations Board’s (NLRB’s) crackdown on confidentiality and non-disparagement provisions in severance agreements, a U.S. Supreme Court decision opening overtime to high-earning daily-rate workers, and a U.S. Court of Appeals for the Ninth Circuit decision in favor of mandatory arbitration in California.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban employers from using non-compete clauses.

Panelists Peter A. Steinmeyer and Erik W. Weibust and featured guest attorney Stuart M. Gerson discuss the proposed rule and next steps for employers.

As featured in #WorkforceWednesday:  This week, we’re detailing how self-remediation can help health care employers avoid whistleblower retaliation lawsuits following company downsizing.

We’re also bringing you a breaking news story on the $35 million settlement Activision Blizzard agreed to pay the U.S. Securities and Exchange Commission (SEC).

As featured in #WorkforceWednesday:  This week, we explain how New Jersey’s WARN Act (officially known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) is set to become the strictest and most punitive in the nation.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:

The holidays are over, and year-end bonuses are being paid, making January and the first quarter a common time for employees to jump ship to work for a competitor.

Our all-star panel of attorneys – Pete Steinmeyer, Kate Rigby, Millie Warner, and Erik Weibust – discuss what an employer should do in this situation.

As featured in #WorkforceWednesday:  This week, we take a closer look at the Federal Trade Commission’s (FTC’s) proposed nationwide ban on non-compete agreements, New York State’s expansion of breastfeeding accommodations, and pay transparency guidance released by the California Labor Commissioner.

As featured in #WorkforceWednesday:  This week, we outline a few of the key trends in employment law for the new year.

As featured in #WorkforceWednesday:  This week, we’re recapping some of the most significant changes that impacted employers in 2022.

As featured in #WorkforceWednesday:  This week, we discuss how the Speak Out Act pays homage to the fifth anniversary of the #MeToo movement, outline the enhanced implications of the California Privacy Rights Act, and note the record-breaking numbers set by the Securities and Exchange Commission’s (SEC’s) whistleblower program.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

As featured in #WorkforceWednesday:  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.

As featured in #WorkforceWednesday:  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.

As featured in #WorkforceWednesday:  This week, we weigh in on the upcoming expiration of California’s privacy exemptions and how employers can develop preventative policies and procedures to effectuate employee rights under the state’s laws.

As featured in #WorkforceWednesday:  This week, we’re breaking down new pay range disclosure laws emerging across the country and discussing how employers can comply with the requirements.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

As featured in #WorkforceWednesday:  This week, we look at updates ranging from discrimination issues and COVID-19 guidance to local pay transparency law compliance.

As featured in #WorkforceWednesday:  This week, we look at the trend of “quiet quitting” and the legal and technology considerations employers should weigh when navigating the issue.

As featured in #WorkforceWednesday:  This week, we look at a range of pay disclosure requirements that have come into effect in New York and New Jersey in the second half of 2022.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

As featured in #WorkforceWednesday:  This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California.

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

As featured in #WorkforceWednesday:  This week, we discuss updates on COVID-19 quarantine guidelines, what employers should know about monkeypox, and EEO-1 pay data reporting.

As featured in #WorkforceWednesday: This week, we examine the enforcement risks employers could face in the complex, state-by-state landscape of abortion law after Roe v. Wade.

As featured in #WorkforceWednesday:  This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules.

As featured in #WorkforceWednesday:  This week, we look at the business, legal, and tax implications of making decisions on a trend that’s here to stay: remote work.

As featured in #WorkforceWednesday:  This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels.

As featured in #WorkforceWednesday:  This week, we introduce Spilling Secrets, a new monthly podcast series on the future of non-compete and trade secrets law.

If you’re hiring from a competitor amid the Great Resignation, one of your top priorities is not getting sued. In our first Spilling Secrets episode, hear about the steps and tactics employers can use to mitigate non-compete and trade secrets litigation risks when hiring from a competitor.

As featured in #WorkforceWednesday:  This week, we look at two U.S. Supreme Court decisions and legislation in California with major implications for employers and health care providers.

As featured in #WorkforceWednesday:  This week, we look at the significance of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and the impact that the overturning of Roe v. Wade will have on employers.

As featured in #WorkforceWednesday:  This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois.

As featured in #WorkforceWednesday:  This week, we take a look at the federal government’s recently announced focus on mental health.

As featured in #WorkforceWednesday:  This week, we look at a range of recent anti-harassment and gender equity updates from across the country.

As featured in #WorkforceWednesday: This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making.

As featured in #WorkforceWednesday:  This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).

As featured in #WorkforceWednesday:  This week, we examine best practices for crafting flexible work arrangement policies. Requests to continue working remotely or with flexibility remain high as we emerge from the COVID-19 pandemic.

As featured in #WorkforceWednesday:  This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.

As featured in #WorkforceWednesday:  This week, we look at the increase in mental health discrimination charges the Equal Employment Opportunity Commission (EEOC) recently reported and how employers can respond.

As featured in #WorkforceWednesday:  This week, we update you on two major developments from the National Labor Relations Board (“NLRB” or “Board”) and this year’s abridged timeline to submit EEO-1 data.

As featured in #WorkforceWednesday:  This week, we look at the increased focus on non-compete agreements across the country.

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 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 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.