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 the CDC guidance removing mask and distancing recommendations for fully vaccinated people, agencies, states, and employers have adjusted in different ways. Many states, including New York, New Jersey, Connecticut, and Illinois, have updated their guidance to reflect the CDC’s recent pronouncement. But restrictions and mandates still differ widely between states and local jurisdictions. Employers are unsure of how to proceed amid the vague and frequently changing guidance. Here’s more about how New York has adjusted its guidance - workforcebulletin.com/2021/05/21/with-some-adjustments-new-york-adopts-the-cdcs-interim-guidance-for-fully-vaccinated-people/
Congress Focuses on Employment Protections
On May 14, the House passed the Pregnant Workers Fairness Act. If the Senate approves the bill, all employees would be entitled to reasonable accommodations for pregnancy, childbirth, and related medical conditions. Congress also recently passed the COVID-19 Hate Crimes Act to address the increase of violence against Asian Americans in the workplace and beyond.
Other Highlights
Long-Awaited ARPA COBRA Guidance
Last week, the Internal Revenue Service issued 86 Q&As as guidance for employers in complying with the American Rescue Plan Act’s COBRA subsidy requirements. Read about the Q&A’s most notable provisions - ebglaw.com/news/irs-guidance-on-arpa-cobra-subsidies-86-qas-and-counting/
#MeToo in Practice: How Confidential Is Confidential Arbitration?
Pressure from the #MeToo movement has been significant enough that some employers have recently stopped not only requiring workers to arbitrate sexual harassment and discrimination claims, but also compelling employees to arbitrate any employment-related claims whatsoever. Pre-dispute arbitration agreements, however, can provide both employers and employees with some choice over whether and how to publicize their positions. Click for more - today.westlaw.com/Document/Ifa9778d9b8af11ebbea4f0dc9fb69570/View/FullText.html?transitionType=Default&contextData=(sc.Default)&VR=3.0&RS=cblt1.0&firstPage=true
Preventing, Defending, and Mitigating Software Supply Chain Attacks
New government guidance titled “Defending Against Software Supply Chain Attacks” provides recommendations for employers and their vendors regarding supply chain security resilience. Learn more - workforcebulletin.com/2021/05/20/in-the-wake-of-solar-winds-compromise-cisa-and-nist-issue-guidance-for-preventing-defending-and-mitigating-software-supply-chain-attacks/
What We’re Reading
· “Hiring from a Competitor: Practical Tips to Minimize Litigation Risk,” a Thomson Reuters Practical Law article by attorney Peter Steinmeyer - ebglaw.com/content/uploads/2021/05/Steinmeyer-Hiring-from-Competitor-Practical-Tips-Minimize-Litigation-Risk-6-566-2609.pdf
· “No-Poaching Agreements, Wage Fixing, & Antitrust Prosecution,” a Bloomberg Law article by attorney Stuart Gerson - ebglaw.com/content/uploads/2021/05/Bloomberg-Gerson-May2021-eco104913_No_Poaching_Agreements.pdf
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/
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