1. It’s #WorkforceWednesday. In this week’s news, California provides a detailed COVID-19 employer playbook, and a federal judge vacated parts of the Department of Labor’s (“DOL”) Families First Coronavirus Response Act (“FFCRA”) rule.

    CA Releases Employer Playbook

    Our top story: California released the "COVID-19 Employer Playbook for a Safe Reopening." The 32-page document follows the Occupational Safety and Health Administration’s guidelines fairly closely. However, unlike the recently issued Virginia business reopening safety requirements, the California plan doesn’t lay out any specific enforcement penalties.

    Federal COVID-19 Updates

    The DOL and Centers for Disease Control and Prevention (“CDC”) both released updated guidance addressing return-to-work issues. The DOL guidance can be found here and here. Here’s the CDC’s guidance.

    NY Federal Judge Vacates Parts of DOL COVID-19 Sick Leave Rule

    On Monday, a federal judge sided with New York, which challenged restrictions that the DOL placed on sick leave provided by the FFCRA. Employers should watch the case as it makes its way through the Courts.

    Other Highlights

    Digital Nomads on the Rise

    The number of countries offering digital nomad visas is rising as the economic impact and trend toward remote work continues during the COVID-19 pandemic. Read more about how digital nomads affect employers.

    NYC Differs on Accommodating Older Workers

    The New York City Commission on Human Rights has issued general guidance and supplemental COVID-19 guidance on age discrimination. The city’s guidance and federal guidance differ on whether employers can provide preferential treatment to older workers. Read more about the big takeaways.

    Summer Reading

    “Understanding John Roberts: A Conservative Institutionalist Concerned with Durability of the Law and Respect for the Court,” a Jurist Commentary article by attorney Stuart Gerson.

    “Best Practices for ERISA Fiduciary Responsibilities and Cybersecurity for Retirement Plans,” a Thomson Reuters Practical Law Practice Note by attorneys Michelle Capezza and Christopher Lech.

    Stay Up to Date

    Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need.

    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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  2. A Return-to-Work conversation from Employment Law This Week®, featuring Lori Lorenzo, Research and Insights Director of Deloitte’s Chief Legal Officer Program at Deloitte Transactions and Business Analytics LLP, and David Garland, Chair of the Employment, Labor & Workforce Management Steering Committee at Epstein Becker Green:

    Employers are faced with many critical choices as their workforce transitions back to the workplace. The Chief Legal Officer has a key leadership role to play as a company weighs the decisions and risks.

    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.

    Deloitte does not provide legal services and will not provide any legal advice or address any questions of law.

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  3. It’s #WorkforceWednesday. This week, Virginia became the first state to issue workplace safety standards, but with guidance still varying widely, many nationwide businesses have begun requiring masks.

    Virginia Issues COVD-19 Workplace Safety Mandates

    As employers grapple with a lack of clear or consistent governmental guidance on how to reopen businesses, last week, Virginia’s Department of Labor and Industry adopted the first set of coronavirus-related workplace safety mandates in the country. Read more - doli.virginia.gov/wp-content/uploads/2020/07/COVID-19-Emergency-Temporary-Standard-FOR-PUBLIC-DISTRIBUTION-FINAL-7.17.2020.pdf

    Remember: COVID-19 Safety Training

    At least 15 states, including California, Illinois, Connecticut, and New York, as well as certain cities, have mandated coronavirus return to work safety training. Most jurisdictions include specific content requirements for the training, such as identifying COVID-19 symptoms, when to seek medical attention, and procedures for preventing its spread at the workplace.

    Masks Now Required at Major Retailers

    With regulations varying widely across states and cities, businesses have begun implementing their own nationwide policies. This week, Walmart began requiring all of its customers and employees to wear masks in its Walmart and Sam’s Club locations, joining companies like Starbucks, Best Buy, and Costco.

    Other Highlights

    NYC Requests Masks Except at Home

    New York City’s new frequently asked questions on face coverings ramp up mask use recommendations by encouraging anyone in New York City to wear a mask in any indoor setting that is not their home. Click here for more - workforcebulletin.com/2020/07/21/nyc-updates-face-covering-faqs-for-indoor-activities/

    Other COVID-19 Requirements for Retailers and Hospitality

    Industry-related requirements have been implemented in various states and municipalities—such as Connecticut’s hotels and restaurants, Illinois’ health and fitness centers, and New Jersey’s retailers—as employers begin to plan for reopening and staff return to the workplace. Dive deeper - workforcebulletin.com/2020/07/21/getting-back-to-work-what-employers-should-keep-in-mind-about-industry-related-requirements-for-returning-to-work-following-shutdown/

    Wage and Hour Update: Western Region Edition

    California continues to focus on AB5 enforcement. This time, it brought a lawsuit against an app-based car washing service alleging the company “made a calculated business decision to misclassify” car washers. Here’s more - wagehourblog.com/2020/07/articles/california-wage-hour-law/california-labor-commissioner-files-suit-to-enforce-ab5-against-app-based-car-washing-service/

    Colorado enacted a broad paid sick leave law that provides employees with three new sick leave entitlements: (i) Paid Sick Leave related to COVID-19, (ii) a state-wide Paid Sick Leave, and (iii) Supplemental Public Health Emergency Paid Sick Leave. Learn more - ebglaw.com/news/colorado-passes-broad-paid-sick-leave-law/

    Washington State’s updated criteria for workers to be exempt from receiving overtime pay, paid sick leave, and other requirements under the state Minimum Wage Act are now in effect. These changes apply to executive, administrative, and professional workers, as well as outside salespeople and computer professionals across all industries in the state. Click for more - wagehourblog.com/2020/07/articles/wage-and-hour-policies/washingtons-revised-white-collar-overtime-exemption-rules-now-in-effect/

    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. A Trending News interview from Employment Law This Week®, featuring attorney Nancy Gunzenhauser Popper of Epstein Becker Green:

    Employers are encouraging employees to use their vacation time this summer to avoid a crush of end-of-year vacations. But what happens when an employee vacations in a COVID-19 “hotspot”? Here are some pandemic considerations when it comes to employee vacation time.

    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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  5. A Trending News interview from Employment Law This Week®, featuring attorney Robert O’Hara of Epstein Becker Green:

    The latest FAQs from the Occupational Safety and Health Administration (OSHA) recommend wearing face masks, among other suggestions for employees returning to work. The release follows OSHA’s practice of issuing recommendations, rather than guidance or workplace safety rules on COVID-19. Employers need to stay apprised of state and local rules, as some now have differing rules on face masks in the office.

    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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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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