1. It’s #WorkforceWednesday. Here’s the week’s top workforce management and employment law news:

    CDC Issues Office Building Reopening Guidance

    The Centers for Disease Control has issued guidance for employers reopening office buildings. The guidance includes suggestions for daily screenings, staggered shifts, and social distancing measures. Review the guidelines here - cdc.gov/coronavirus/2019-ncov/community/office-buildings.html

    OSHA Steps Up COVID-19 Response

    The Occupational Safety and Health Administration has announced plans to increase on-site inspections, and last week the agency testified to a House subcommittee that it has issued its first virus-related citation. OSHA also recently announced that it would require all employers to investigate employee COVID-19 confirmed cases and record and report “work-related” cases. Learn more - workforcebulletin.com/2020/05/21/osha-reinstates-enforcement-guidance-for-recording-covid-19-cases-and-general-investigation-response-plan-procedures/

    DOL Issues “Fluctuating Workweek” Final Rule

    The Department of Labor has issued a final rule clarifying that bonuses, commissions, and other additional compensation are permitted under the so-called "fluctuating workweek" method of payment. Read more - wagehourblog.com/2020/05/articles/dol-enforcement/u-s-department-of-labor-allows-employers-to-give-bonuses-and-other-extra-pay-to-fluctuating-workweek-employees/

    Other Highlights

    PPP Borrowers: Beware of FCA Liability

    Given the amount of money disbursed, and the haste with which many employers sought loans, the Paycheck Protection Program will likely provide fertile ground for False Claims Act litigation. Accordingly, borrowers should review their applications and document the basis for any loan request, the uses for any loan proceeds, and any forgiveness request. Dive deeper - workforcebulletin.com/2020/06/01/for-the-unwary-paycheck-protection-program-may-create-false-claims-act-liability/

    “Dual-Marked” Ballots Tossed Out

    A recent National Labor Relations Board decision makes “dual-marked” ballots void in union-representation elections. The decision applies retroactively to all pending cases in whatever stage, so communications and ballot instructions should be updated. Click for more - shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/nlrb-says-dual-marked-union-election-ballots-are-void.aspx

    Stay Up to Date

    Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need. Access the resources here - ebglaw.com/coronavirus-resource-center/return-to-work/

    Visit EmploymentLawThisWeek.com

    Subscribe to #WorkforceWednesday - ebglaw.com/subscribe/

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  2. A Trending News video from Employment Law This Week®: 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.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  3. A Trending News interview from Employment Law This Week®, featuring attorneys Cassandra Labbees and Amy Lerman of Epstein Becker Green:

    Employee mental health is a significant concern in the current situation,. Employers across the country are evaluating their benefits plans to see how they can best support employees through services like telemental health, among other benefits.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

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  4. Welcome to #WorkforceWednesday. Watch the week’s top workforce management and employment law news, and read further below:

    Look Beyond OSHA for Return-to-Work Guidance

    The Occupational Safety and Health Administration has indicated it will not issue any enforceable, general return-to-work guidance. Instead, the agency is issuing targeted guidance for specific industries. This leaves employers balancing guidance from other federal agencies and oftentimes multiple states.

    EEOC Clarifies Accommodation Issues

    The Equal Employment Opportunity Commission clarified when an employer can exclude an employee from the workplace due to COVID-19. The revised guidance makes it clear that employers must complete an individualized “direct threat” analysis. Click here for more - workforcebulletin.com/2020/05/08/eeoc-provides-additional-guidance-on-reasonable-accommodation-issues-for-high-risk-employees-returning-to-work/

    DOL Releases Workshare Program Guidance

    Some employers are opting for workshare programs during the pandemic. Workshare programs allow groups of workers to collect partial unemployment benefits while working reduced hours. Employers are normally responsible for covering half the costs for these programs. However, the Department of Labor’s recent guidance says that states could “choose not to charge” employers for these programs in certain circumstances. Access the guidance - dol.gov/newsroom/releases/eta/eta20200504

    Other Highlights

    Long-Term Cybersecurity Planning

    Employers have shifted to a remote workforce by necessity in the short term. In the long term, businesses may find remote work to be more efficient and productive. This restructuring of work requires a comprehensive evaluation of the corresponding cybersecurity risks and how best to address them. Here are 10 top considerations for employers - workforcebulletin.com/2020/05/06/cybersecurity-in-the-age-of-the-covid-19-remote-worker-and-beyond/

    PPP Loan Forgiveness

    What should companies do in the absence of guidance on Paycheck Protection Program (PPP) loans? Make payments as consistently with last year’s payments as possible. Kimberly Weisul at Inc. spoke with attorney Susan Gross Sholinsky and others on best practices for complying with the PPP. View the article - inc.com/kimberly-weisul/getting-your-paycheck-protection-program-loan-forgiven-legal.html

    EEO-1 Reporting Delayed

    The Equal Employment Opportunity Commission (EEOC) has announced it will delay the collection of EEO-1 demographic data until 2021. Accordingly, the EEOC’s online filing portal for 2019 EEO-1 filings will remain closed for now, and filers will be notified of the precise collection period as soon as it is available. Read more - workforcebulletin.com/2020/05/12/eeoc-delays-eeo-1-reporting-for-2019-due-to-covid-19/

    Stay Up to Date

    Our Coronavirus Resource Center is updated daily and always available at ebglaw.com/coronavirus.

    Visit EmploymentLawThisWeek.com

    Subscribe to #WorkforceWednesday - ebglaw.com/subscribe/

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/417825297 Uploaded 5 Views 0 Comments
  5. A Trending News interview from Employment Law This Week®, featuring attorneys Gretchen Harders and Rina Fujii:

    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.

    We invite you to view Employment Law This Week® – learn about the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday.

    Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

    These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

    # vimeo.com/415521408 Uploaded 2 Views 0 Comments

Employment Law This Week®

Epstein Becker Green

Employment Law This Week® tracks the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. Presented by law firm Epstein Becker Green. Learn more at http://www.ebglaw.com/employment-law-this-week/

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