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.

EEOC Commissioner Targets Abortion Travel

On the heels of Republican Commissioner Janet Dhillon’s resignation, it is reported that Commissioner Andrea Lucas, also a Republican, brought commissioner charges against several companies for offering abortion travel benefits.

Midterm Results Change Employer Policies

The midterm results are in, and many states have adopted new ballot measures. The results may require some employers to revise their policies and procedures.

SCOTUS Declines to Review Whether COVID-19 Exempted from WARN Act

Last week, SCOTUS declined to consider whether the COVID-19 pandemic qualifies as a natural disaster under the federal WARN Act. Natural disasters exempt employers from the WARN Act requirement to provide notice before a mass layoff or plant closing.

Other Highlights

A “Welcome Development”: DOL Proposes Self-Correction for Retirement Contribution Mistakes
HR Dive
Avi Bernstein quoted

New Jersey Health Care Workers: New Job Protections Following Changes in Control of Their Health Care Entity Employer
Workforce Bulletin
Mickey Neuhauser, Denise Dadika, Joanita Gakami

NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory Trends
Workforce Bulletin
Steve Swirsky, Adam Forman, Nathaniel Glasser, Neresa De Biasi, Ridhi Madia

Companies That Use Noncompetes Face Increased Risk of Government Action Following FTC’s Unilateral Expansion of Its Enforcement Powers
Trade Secrets & Employee Mobility
Erik Weibust

Non-Compete Laws: Illinois – Q&A Guide for Employers, 2022 Update
Thomson Reuters Practical Law
Pete Steinmeyer, David Clark

* * *

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

See below for the video and podcast links. For Other Highlights and more news, visit

Video: YouTubeVimeo.

Podcast: Apple PodcastsGoogle PodcastsOvercastSpotifyStitcher.

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