1. This week, we look at how the COVID-19 Delta variant is shifting employer vaccination policies and how that shift is conflicting with regulations in some states.

    The Shift to Mandatory Vaccinations

    The Delta variant of COVID-19 is fueling another new chapter of the pandemic: mandates. Recent federal and state action is driving a trend toward employers mandating vaccines. Read more about state action in two states:

    · California - ebglaw.com/insights/now-california-actually-mandates-that-health-care-workers-get-the-covid-19-vaccine-and-sets-deadline/

    · New Jersey - healthemploymentandlabor.com/2021/08/11/new-jersey-mandates-covid-19-vaccination-or-weekly-testing-for-workers-in-health-care-and-congregate-settings/

    States Hold Firm with Passport and Mandate Bans

    While the trend is shifting back toward greater caution regarding COVID-19, states like Florida and Texas are sticking with bans on vaccine mandates and proof of vaccination requirements.

    DOL Wage and Hour Chief Nominee Stalled in Committee

    In an 11-11 party-line tie, the Senate labor committee is deadlocked on approving David Weil’s return to the Department of Labor as the Wage and Hour Division Administrator, a post he held under the Obama administration.

    Other Highlights

    COVID-19 WORKFORCE (re)sources

    Click here to see what state and local governments have done to address the COVID-19 pandemic this week - ebglaw.com/government-resources-coronavirus-resource-center/

    Employers Tiptoeing into TikTok Hiring: Beware, Attorneys Say - news.bloomberglaw.com/daily-labor-report/employers-tiptoeing-into-tiktok-hiring-beware-attorneys-say
    Bloomberg Law Daily Labor Report
    Adam Forman Quoted

    How Can Companies in the Health Care and Life Sciences Industries Strengthen Their Cybersecurity Posture? – ebglaw.com/insights/how-can-companies-in-the-health-care-and-life-sciences-industries-strengthen-their-cybersecurity-posture/
    Diagnosing Health Care Podcast
    Andrew Morrison, Alaap Shah, and Jessika Tuazon

    WORKFORCE (re)imagined.TM

    Click here to find out how we can help with return to work or hybrid workforce issues - 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.

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  2. A Trending News interview from Employment Law This Week®, featuring attorneys Brian Spang and Pete Steinmeyer, Members of the Firm:

    Restriction and legislation of non-compete agreements is gaining traction around the country, with states and the federal government passing or proposing new restrictions on the clauses.

    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.

    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. It’s #WorkforceWednesday! This week, we look at how COVID-19 restrictions are tightening to curb the spread of the Delta variant, how NYC is ramping up enforcement of its ban-the-box law, and how Biden’s budget could impact employers.

    COVID-19 Restrictions Tighten

    The rapid spread of the COVID-19 Delta variant has many in the United States talking about the potential of a second lockdown. The Biden administration is now mandating vaccines or strict testing for federal workers, and the Centers for Disease Control and Prevention is recommending that vaccinated people in high-risk areas wear masks indoors. Learn more: ebglaw.com/news/nancy-gunzenhauser-popper-quoted-in-govt-vaccine-mandates-pave-way-for-private-sector-policies/

    New York City Fair Chance Act Amendments Go Into Effect

    Employers in the Big Apple are revamping their hiring procedures to comply with new amendments to the city's Fair Chance Act: ebglaw.com/news/amendments-to-new-york-citys-fair-chance-act-require-most-nyc-employers-to-revamp-hiring-protocols/

    Biden Budget Proposes Increased Funding for Worker Protections

    President Biden’s $6 trillion 2022 budget proposal features the American Jobs Plan, which includes infrastructure-related projects Congress is already moving forward on, and the American Families Plan. Both contain labor and employment initiatives. Read more: workforcebulletin.com/2021/08/04/president-bidens-proposed-budget-boon-to-enforcement-oversight-and-worker-protection/

    Other Highlights

    Good News for Retirement Plan Sponsors

    On July 15, 2021, the Internal Revenue Service updated its Employee Plans Compliance Resolution System by issuing Revenue Procedure 2021-30 (PDF). The changes and revisions, which generally became effective on July 16, 2021, are beneficial to plan sponsors, participants, and the retirement plan community. Read more: workforcebulletin.com/2021/07/29/good-news-for-retirement-plan-sponsors-irs-issues-updated-guidance-enhancing-plan-correction-programs/

    Delaware Set to Increase Minimum Wage

    Delaware recently enacted legislation that will gradually increase the state’s minimum wage to $15 per hour by 2025. This is a substantial increase from Delaware’s current minimum wage of $9.25 per hour. The minimum wage requirements apply to all employers that employ individuals in the state. Learn more: wagehourblog.com/2021/07/articles/state-wage-and-hour-laws/delaware-set-to-increase-minimum-wage-to-15-by-2025/

    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.

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  4. A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm:

    The Protecting the Right to Organize (PRO) Act, if enacted, would be the most significant change to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935.

    The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.

    For more about the PRO Act, join Epstein Becker Green’s webinar on August 5 - ebglaw.com/events/the-pro-act-what-employers-need-to-know/

    You can also read more about Jennifer Abruzzo’s confirmation as NLRB general counsel - managementmemo.com/2021/07/26/senate-confirms-biden-nominee-jennifer-abruzzo-as-nlrb-general-counsel-paving-way-for-pro-union-shift/

    We invite you to view Employment Law This Week® – learn about significant developments in employment and labor relations 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. It’s #WorkforceWednesday! This week, we focus on President Biden’s recent push to limit non-compete agreements and finalize key labor and employment appointments.

    Biden Executive Order Seeks to Boost Competition

    President Biden has issued an expansive executive order, which aims to boost competition across the U.S. economy, lower prices for consumers, and increase pay for workers. The order encourages federal action to ban or limit non-compete agreements, reigniting a policy debate which raged at the end of the Obama administration over when and how non-competes can be enforced. Learn more - tradesecretsandemployeemobility.com/2021/07/articles/non-compete-agreements/biden-issues-executive-order-encouraging-federal-action-to-limit-or-ban-non-compete-agreements/

    New Guidance on the NY HERO Act

    The New York Department of Labor has published its model safety plans under the new HERO Act, starting the clock for all Empire State employers to adopt airborne infectious disease exposure plans. Read more - ebglaw.com/news/new-york-state-department-of-labor-releases-ny-hero-act-model-safety-plans-employers-have-30-days-to-adopt-conforming-plans/

    Senate Moves Forward on Biden Nominees

    A flurry of employment related federal nominees have recently been approved or advanced by the U.S. Senate.

    Other Highlights

    Should Virtual Depositions Survive?

    As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises—which, if any, COVID-19 practices should continue to be utilized? Virtual depositions can remain an effective tool for litigators, and the critical considerations in determining whether to continue using this mechanism will hinge on the purpose of the deposition and the stature of the particular witness. Here’s more - commerciallitigationupdate.com/2021/07/07/should-virtual-depositions-survive-the-pandemic-the-answer-is-yes-and-no/

    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.

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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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