Welcome to #WorkforceWednesday. This week, COVID-19 recovery and safety are top of mind as new stimulus funding, an Occupational Safety and Health Administration (“OSHA”) directive, and paid leave requirements are put in place.

American Rescue Plan Goes Into Effect

Last Thursday, President Biden signed the $1.9 trillion American Rescue Plan, a massive economic relief bill that will attempt to address the widening toll of the COVID-19 pandemic.

OSHA Releases COVID-19 National Emphasis Program Directive

Following an executive order from President Biden, OSHA has released a National Emphasis Program directive and an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19):

· osha.gov/sites/default/files/enforcement/directives/DIR_2021-01_CPL-03.pdf

· osha.gov/memos/2021-03-12/updated-interim-enforcement-response-plan-coronavirus-disease-2019-covid-19

New York Mandates Paid Time Off for COVID-19 Vaccinations

New York is now the first state to require employers to grant paid leave for employees to get COVID-19 vaccinations. Here’s more: ebglaw.com/news/new-york-employers-must-now-provide-employees-with-paid-leave-to-get-vaccinated/

Other Highlights

Frontline Employers, Beware

Frontline employers providing bonuses to workers should note that, even during the pandemic, bonuses might be considered nondiscretionary and should be included in overtime calculations. Learn more: shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/bonuses-to-front-line-workers.aspx

Year One of COVID-19 and Employment Law

Labor and employment law and workforce management has changed drastically in the last year as a result of the COVID-19 pandemic. Labor and employment lawyers and HR professionals are still waiting on answers on several issues. Read more (subscription may be required): law360.com/articles/1363162

What We’re Reading (and Attending)

“AI-Based Compensation Management and Bias: Can AI Close the Pay Gap?” by attorneys Michelle Capezza and Bradley Merrill Thompson: workforcebulletin.com/2021/03/11/ai-based-compensation-management-and-bias-can-ai-close-the-pay-gap/

To learn more, register for our upcoming Bias in Artificial Intelligence: Legal Risks and Solutions virtual briefing: ebglaw.com/events/bias-in-artificial-intelligence-legal-risks-and-solutions/

WORKFORCE (re)imagined.TM

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce: ebglaw.com/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.

EEOC Commissioner Keith Sonderling discusses recent regulatory changes and the EEOC’s priorities as the agency transitions.

Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration.

We invite you to view Employment Law This Week® – learn about significant 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.

You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

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! 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 Rules

The Equal Employment Opportunity Commission (EEOC) has withdrawn two proposed rules on wellness program incentives that gave employers guidance on how to incentivize COVID-19 vaccination in a compliant manner. For now, employers should carefully consider the nature and value of any vaccination incentives. Click for more - workforcebulletin.com/2021/02/25/eeoc-withdraws-proposed-wellness-incentive-rules-increasing-employer-covid-19-vaccination-incentive-uncertainties/

DOL Rollbacks

The Biden Department of Labor (DOL) is continuing its rollbacks of regulations and guidance established during the Trump administration. The agency has lifted Trump-era limitations on subregulatory guidance. The DOL has also recently pushed back the tip pool and tip credit regulations that had yet to take effect and has proposed a new joint-employer rule that is pending regulatory review. Read more about the new proposed joint-employer rule (subscription may be required) - law360.com/employment-authority/articles/1358450/biden-dol-puts-trump-joint-employer-rule-in-crosshairs

OSHA to Oversee Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA) will now oversee worker retaliation complaints filed under two new statutes signed under President Trump: the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act. Read more about OSHA’s new role (subscription may be required) - wsj.com/articles/new-whistleblower-protection-laws-broaden-oshas-investigative-reach-11614162602

Other Highlights

Sweeping Changes for NYC Fast-Food Industry

New York City recently enacted two laws that will grant several union-style protections to fast-food employees. Among other things, these laws will prohibit fast-food employers from terminating or cutting employees’ hours without just cause and will require employers that lay off employees due to bona fide economic reasons to do so in order of seniority. Learn more - ebglaw.com/news/new-york-city-enacts-sweeping-changes-to-fast-food-industry-progressive-discipline-rules-just-cause-discharge-predictive-scheduling-and-more/

NYC’s “Ban the Box” Law Broadened

New York City’s Fair Chance Act, or “ban-the-box law,” has been broadened to include pending arrests and other criminal accusations, and prohibits inquiries into certain matters even after an employer makes a conditional job offer. Here’s more - ebglaw.com/news/new-york-city-expands-applicant-and-employee-protections-under-its-ban-the-box-law/

Non-Compete Restrictions Heat Up

A bipartisan bill has been introduced in both houses of Congress that would restrict the use of non-compete agreements. While limiting non-competes at the federal level may still be too difficult to pass, the New York City Bar recently recommended that the state legislature adopt statutory guidelines governing the use of non-competes for lower-salary employees. The recommendation in New York comes on the heels of a non-compete ban passing in Washington, DC. Read more - tradesecretsandemployeemobility.com/

WORKFORCE (re)imagined.TM

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/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.

The Biden Department of Labor (DOL) has adopted a new approach to wage and hour enforcement. What can employers expect?

Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis on the first 100 days of the Biden administration.

We invite you to view Employment Law This Week® – learn about significant 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.

You can also subscribe and listen to extended editions of this podcast series on your preferred platform – Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

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.

Welcome to #WorkforceWednesday. This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back.

OSHA Updates COVID-19 Guidance

In response to President Biden's executive order, the Occupational Safety and Health Administration (OSHA) has released revised guidance for employers. The new guidance includes recommendations that employers provide vaccines to eligible employees, implement COVID-19 prevention programs, and provide face coverings to all employees, whether they have been vaccinated or not. Here’s more - workforcebulletin.com/2021/02/04/osha-issues-revised-covid-19-guidance-not-mandatoryyet/.

CDC Issues New Mask Guidance

Meanwhile, the Centers for Disease Control and Prevention (CDC) issued revised mask-wearing guidance that emphasizes important mask practices for slowing the spread of COVID-19, including proper fit and masks with layers or double masks. It is not yet clear if OSHA will also adopt the new CDC mask guidance. Read more - healthemploymentandlabor.com/2021/02/16/make-sure-its-a-good-fit-the-cdc-issues-revised-covid-19-mask-guidance/.

Biden Administration Rolls Back Workplace Regulations

In month one, the Biden administration is rolling back Trump-era policies at a steady pace, and many of those changes directly impact the workplace. The rollbacks have affected areas like the voluntary wage and hour compliance program, several Fair Labor Standards Act opinion letters, and pro-business guidance from the National Labor Relations Board.

Other Highlights

Considering Making Remote Work Permanent?

Companies considering turning 2020’s remote work experiment into an actual long-term business plan should look at these 12 things - hrdive.com/news/12-ways-to-make-telework-work-for-the-long-haul/594971/.

COVID-19 Compliance Requirements – What Employers Need to Know

Compliance with the many COVID-19 workplace requirements remains top of mind for employers. Hear about the latest strategies for remaining compliant as vaccines become more available to employers and their employees - ebglaw.com/news/susan-gross-sholinsky-featured-in-podcast-covid-19-compliance-requirements-what-employers-need-to-know/.

WORKFORCE (re)imagined.TM

Employers are strategically preparing for business beyond the pandemic. Stay up to date as you reimagine your workforce - ebglaw.com/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.