This week, we look at a range of recent anti-harassment and gender equity updates from across the country.
Return-to-Work Behavior Policies and Training
As employees across the United States have returned to the office,...more
6/8/2022
/ Collective Bargaining Agreements (CBA) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Human Resources Professionals ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Woman Board Members
This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).
California Employers Update COVID-19 Policies
California employers are implementing updated COVID-19...more
5/18/2022
/ Adverse Employment Action ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Masks ,
Pay Transparency ,
Retaliation ,
Salaried Employees ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
Workplace Safety
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.
Crafting Flexible Work...more
This week, we’re breaking down recent local- and state-level developments impacting compliance for employers.
NYC’s Pay Transparency Law Expected to Be Delayed
If signed by Mayor Eric Adams, New York City’s pay...more
5/4/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Electronic Monitoring ,
Employee Monitoring ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Masks ,
Pay Transparency ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022.
The Biden NLRB: What to Expect in 2022 (see video attached)
The NLRB is headed in a new direction this year...more
2/2/2022
/ Biden Administration ,
Confidentiality Agreements ,
Department of Labor (DOL) ,
Employment Policies ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Labor Relations ,
Misclassification ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Section 7 ,
Settlement Agreements
This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking.
Updated Status of Federal Vaccine Orders
A very divided Supreme Court heard arguments last Friday...more
1/12/2022
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Healthcare Workers ,
Injunctions ,
Masks ,
OSHA ,
Popular ,
Quarantine ,
Sick Employees ,
Vaccinations ,
Virus Testing
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.
A Shift in Labor Policy and Enforcement
The Biden administration is ushering in...more
12/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Mobility ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Healthcare Workers ,
Hiring & Firing ,
Labor Regulations ,
Masks ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Reasonable Accommodation ,
Unions ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential.
HIPAA, Employee Privacy Protections, and COVID-19 (see video...more
12/8/2021
/ ABC Test ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Independent Contractors ,
Interim Final Rules (IFR) ,
Misclassification ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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.
OSHA ETS: Next Steps for Large Employers (see video...more
11/17/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Duty to Bargain ,
Employer Mandates ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Human Resources Professionals ,
Interim Final Rules (IFR) ,
Masks ,
NLRB General Counsel ,
OSHA ,
Unions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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...more
11/10/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employer ,
Employer Mandates ,
Employment Policies ,
Health Care Providers ,
Healthcare Workers ,
Masks ,
OSHA ,
Petition for Review ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
OSHA ,
Popular ,
Religious Accommodation ,
Religious Exemption ,
Vaccinations ,
Warning Letters ,
Workplace Safety
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...more
9/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
EEO-1 ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Health and Safety ,
Infectious Diseases ,
Pay Data ,
Vaccinations ,
Virus Testing ,
Workplace Safety
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 (see attached...more
8/25/2021
/ Coronavirus/COVID-19 ,
Employment Contract ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
NLRA ,
OSHA ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Illness and Injury Reporting ,
Workplace Safety
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...more
8/18/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Vaccinations ,
Vaccine Passports ,
Wage & Hour Division (WHD) ,
Workplace Safety
It's #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...more
8/4/2021
/ Ban the Box ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Criminal Background Checks ,
Employer Mandates ,
Employment Policies ,
Fair Chance Act ,
Federal Budget ,
Federal Funding ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Infrastructure ,
Job Applicants ,
Masks ,
Vaccinations ,
Workplace Safety
It's #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...more
6/30/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Health and Safety ,
Infectious Diseases ,
Just Compensation ,
Proposed Rules ,
SCOTUS ,
Takings Clause ,
Tipped Employees ,
Tips ,
Unions ,
United Farm Workers ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we focus on evolving pandemic regulations at both the federal and state levels.
The Evolution of Workplace Pandemic Regulations (see attached video)
Federal agencies and states...more
6/23/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employee Training ,
Employment Policies ,
Health and Safety ,
Healthcare Workers ,
High Risk Covid Employees ,
Infectious Diseases ,
Masks ,
Occupational Exposure ,
OSHA ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Vaccinations ,
Workplace Safety
It's #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...more
6/16/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Executive Orders ,
Health and Safety ,
Healthcare Workers ,
Masks ,
New Guidance ,
OSHA ,
Paid Time Off (PTO) ,
Public Health ,
Social Distancing ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
Welcome to #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...more
6/9/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
It’s #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...more
5/26/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Masks ,
New Guidance ,
OSHA ,
Paid Leave ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Welcome to #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...more
5/19/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Masks ,
New Guidance ,
Public Accommodation ,
Reasonable Accommodation ,
Remote Working ,
Social Distancing ,
Vaccinations ,
Workplace Safety
Welcome to #WorkforceWednesday. This week, we look at the return to Obama-era employment and labor policies, with a key difference: unionization.
Biden DOL Takes an Obama-Era Approach
Recent action from the Department of...more
5/12/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employment Policies ,
Executive Orders ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Misclassification ,
Paid Time Off (PTO) ,
Presidential Nominations ,
Union Organizers ,
Unions ,
Vaccinations ,
Vaccine Passports ,
Wage and Hour
It’s #WorkforceWednesday! This week, we discuss how employers are navigating COVID-19 vaccination policies and new worker organization and whistleblowing risks.
Legal Considerations for COVID-19 Vaccination Policies (see...more
5/5/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
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...more
3/3/2021
/ Anti-Money Laundering ,
Biden Administration ,
Coronavirus/COVID-19 ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Labor (DOL) ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Joint Employers ,
Labor Regulations ,
OSHA ,
Proposed Rules ,
Retaliation ,
Rollbacks ,
Tip Credit ,
Tipped Employees ,
Tips ,
Vaccinations ,
Wellness Programs ,
Whistleblowers
Welcome to #WorkforceWednesday. This week, we look at the key considerations for offering COVID-19 vaccine incentives and the executive orders President Biden issued last week of note for employers.
EEOC’s Proposed Wellness...more
1/27/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Proposed Rules ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Wellness Programs