It’s #WorkforceWednesday. This week, we finally have some guidance from the Occupational Safety and Health Administration (OSHA), and big employment law changes in Virginia go into effect. Here’s the top news:

OSHA Releases Three-Phase Reopening Plan

OSHA has released a three-phase reopening plan for nonessential businesses. Employers now have a framework from OSHA for reopening such businesses, with phases similar to those laid out for states and cities across the country.

Mandatory COVID-19 Workplace Training

Several states, including California, Connecticut, Illinois, Kentucky, Maryland, Massachusetts, Michigan, New York, and Washington, now require employers to train employees on COVID-19 symptoms and how to operate in the workplace during the pandemic.

Virginia Sees Seismic Shift in Employment Law

Starting today (July 1), Virginia employers are prohibited from entering into non-compete agreements with low-wage workers. This is part of a wave of new employment regulations that took effect today in the state.

View more in our recent webinar - ebglaw.com/events/new-virginia-employment-laws-what-employers-need-to-know/.

Or read our article - ebglaw.com/news/virginia-enacts-expansive-changes-to-its-employment-laws-including-major-amendments-to-human-rights-act/.

Other Highlights

NLRB Restores Past Precedent

The National Labor Relations Board overruled a 2016 decision that required employers to bargain over the discipline of employees during negotiations for a first contract. For employers, this is a welcome return to precedent that had existed for 80 years prior to the 2016 decision. Click for more - managementmemo.com/2020/06/25/nlrb-restores-employer-rights-to-discipline-newly-unionized-employees-without-bargaining/.

What We’re Reading

“Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond,” a blog post by attorneys Patricia Wagner and Michelle Capezza. Read the post here - workforcebulletin.com/2020/06/24/addressing-data-privacy-and-security-provisions-in-covid-19-related-service-provider-agreements-and-beyond/.

Stay Up to Date

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

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.

A Trending News interview from Employment Law This Week®, featuring attorney Denise Dadika of Epstein Becker Green:

All employers face new challenges as they reopen during the pandemic. Health care employers have additional, unique risks and considerations to address.

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.

A Trending News interview from Employment Law This Week®, featuring attorney RyAnn Hooper of Epstein Becker Green:

As businesses across the United States open up, employees face new risks. Workers may increasingly turn to unions to help support their safety. Employers should take steps to prepare for this resurgence in union activity.

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.

It’s #WorkforceWednesday. This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers. Here’s the top news:

SCOTUS Rules Title VII Protects LGBTQ Employees

The U.S. Supreme Court rules that the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964 (“Title VII”) includes discrimination based on sexual orientation and gender identity. In a consolidated opinion addressing three separate cases, the Court held that when an employer fires an individual merely for being gay or transgender, the employer violates Title VII. Read about the case in more detail - linkedin.com/pulse/scotus-today-court-rules-title-vii-protects-lgbtq-workers-gerson/?published=t

EEOC Says Older Workers Must Get Equal Treatment

The Equal Employment Opportunity Commission (“EEOC”) says employers cannot refuse to let older employees return to the workplace simply because of their age. The EEOC made clear that automatically excluding older workers from the workplace would violate the Age Discrimination in Employment Act. Learn more: ebglaw.com/news/new-eeoc-covid-19-guidance-updates-accommodation-obligations-and-warns-against-return-to-work-age-and-pregnancy-discrimination-and-harassment-of-workers-of-asian-descent/

Other Highlights

Remote Investigation Hurdles

As many employees continue working from home, there has also been an increased need for conducting workplace investigations remotely. Attorney Janene Marasciullo spoke with SHRM about the unique challenges of conducting a remote workplace investigation - shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-challenge-of-remote-investigations.aspx

New York’s Phase Three Guidance

New York’s Phase Three return-to-work protocols now apply to all employers, even if their business is not one of the industries covered by that guidance. New York employers should update safety plans to conform to the amended protocols. Changes are detailed here - ebglaw.com/news/new-york-department-of-health-issues-interim-guidance-for-employees-returning-to-work-following-covid-19-infection-or-exposure-retroactively-revising-phase-one-and-two-industry-specific-guidance/

Now Streaming

As a result of the COVID-19 pandemic, employers must now comply with Occupational Safety and Health Administration recordkeeping and reporting obligations. The agency has also launched hundreds of investigations involving COVID-19 hospitalizations and fatalities. Learn how to prepare for these obligations and new safe workplace challenges in our on-demand webinar series, presented by Bob O’Hara - ebglaw.com/events/oshas-new-covid-19-recordkeeping-requirements-for-all-employers-episode-1-osha-webinar-series/

Stay Up to Date

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

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.

A Trending News interview from Employment Law This Week®, featuring Epstein Becker Green attorneys Adam Forman and Karen Mandelbaum:

As offices across the country reopen, employers are looking to mobile technology to help keep employees safe. Epstein Becker Green’s Employment, Labor & Workforce Management and Health Care & Life Sciences practices looked into the benefits and risks of mobile technology.

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.