This week, government agencies at both the federal and state level are preparing for the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS).

Employer Anticipation Builds for OSHA ETS

All eyes are on DC as the wait continues for OSHA's COVID-19 Vaccination and Testing ETS, for employers with 100 or more employees. Last week, the Office of Information and Regulatory Affairs (OIRA) held more than 100 meetings with stakeholders to aid in its review of OSHA’s proposed ETS. OIRA completed its review on Monday, and the ETS is expected to be released imminently.

OSHA Cracks Down on States

OSHA has sent warning letters to Arizona, Utah, and South Carolina regarding the agency’s COVID-19 health care ETS, released in June of this year. These three states operate their own OSHA state plans but have yet to adopt a health care ETS that is at least as protective as the agency’s. Some see OSHA’s warning as a sign of increased enforcement with the coming vaccine ETS.

EEOC Updates Guidance for Religious Accommodations

Last week, the Equal Employment Opportunity Commission (EEOC) added a section to its COVID-19 guidance focused on religious exemptions for mandatory vaccine policies. Read more about the updated guidance - workforcebulletin.com/2021/10/27/eeoc-updates-covid-19-guidance-to-address-vaccine-mandate-religious-exemptions/

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/

New York DOL Issues FAQs on Recreational Cannabis – Guidance for Employers
Workforce Bulletin
Steven Swirsky; Nathaniel Glasser; Eric Emanuelson, Jr.; Jenna Russell; Kamil Gajda
workforcebulletin.com/2021/11/01/new-york-dol-issues-faqs-on-recreational-cannabis-guidance-for-employers/

Non-Compete Laws: Massachusetts – Q&A Guide for Employers 2021 Update
Thomson Reuters Practical Law
David Clark
2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2021/11/2021Non-Compete-Laws-Massachusetts-1-505-9160.pdf

Non-Compete Laws: Illinois – Q&A Guide for Employers 2021 Update
Thomson Reuters Practical Law
David Clark, Peter Steinmeyer
2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2021/11/2021Non-Compete-Laws-Illinois-7-505-8898.pdf

Time Is Money: A Quick Wage-Hour Tip on … New York’s New Rule on Contractors’ Liability for Subcontractor Employee Wages
Workforce Bulletin
Edward Yennock
wagehourblog.com/2021/11/articles/flsa-coverage/time-is-money-a-quick-wage-hour-tip-on-new-yorks-new-rule-on-contractors-liability-for-subcontractor-employee-wages/

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.

A Trending News interview from Employment Law This Week®, featuring attorney Shira Blank, Member of the Firm:

The EEOC filed its first COVID-related reasonable accommodations lawsuit recently. What implications will this case have in the future?

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.

This week, we review the status of the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring employers to mandate vaccines.

Employers Await White House Decision on OSHA ETS

Last week, OSHA sent to the White House its draft emergency temporary standard, which will require employers with 100 or more employees to ensure that their employees are vaccinated or provide a negative COVID test at least weekly. The Office of Information and Regulatory Affairs will now review OSHA’s ETS, holding meetings with business groups, worker groups, and other interested parties. Meanwhile, further clarification has been released on the mandatory safety protocols and vaccination requirements federal contractors must implement - workforcebulletin.com/2021/10/13/new-developments-in-federal-contractor-covid-19-safety-protocols-and-vaccination-requirements/

Texas Governor Bans Vaccine Mandates

In direct response to the federal contractor mandate and pending ETS, Texas Governor Greg Abbott instituted an executive order prohibiting Texas employers from mandating vaccines for employees who object to becoming vaccinated due to "personal conscience," including religious beliefs and medical reasons. Read more about the Texas order - workforcebulletin.com/2021/10/13/governor-abbotts-newest-executive-order-restricts-texas-employers-ability-to-impose-vaccine-mandates/

Health Plan Discounts OK for Vaccinated Employees

The U.S. Departments of Labor, Health and Human Services, and the Treasury collectively published Frequently Asked Questions (FAQs) around health premium incentives for vaccines. The FAQs clarified that employers can give premium discounts or impose a surcharge on health plan participants based on their COVID vaccination status. The Equal Employment Opportunity Commission took a similar position earlier this year.

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/

DOL Wage Chief Delay Raises Questions
Law360 Employment Authority (subscription required)
Paul DeCamp Quoted
ebglaw.com/insights/paul-decamp-quoted-in-dol-wage-chief-delay-raises-questions/

No Fine Print: Service Fees, COVID Surcharges & Tipped Staff
Law360 Employment Authority (subscription required)
Jeff Ruzal Quoted
ebglaw.com/insights/jeff-ruzal-quoted-in-no-fine-print-service-fees-covid-surcharges-tipped-staff/

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.

A Trending News interview from Employment Law This Week®, featuring Senior Counsel Amy Bharj and James Petrie, Member of the Firm:

EEOC ended fiscal year 2021 with an uptick in lawsuits. Is the agency back in action after the pandemic?

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.

This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship.

Employers Prepare for Biden’s Expansive Vaccine Mandate

The full impact of President Biden’s COVID-19 action plan is sinking in for employers. The Safer Federal Workforce Task Force released guidance for federal contractors and subcontractors requiring vaccinations for most employees of federal contractors by December 8. Read more - workforcebulletin.com/2021/09/28/covid-19-workplace-safety-guidance-issued-for-federal-contractors-and-subcontractors-imposes-major-new-employee-vaccination-and-other-requirements/

Vaccine Mandate Pushback Begins

The vaccine mandates initiated by President Biden are already seeing court challenges. Federal workers filed a lawsuit September 23, and more challenges are expected as the new federal requirements may conflict with some state laws. At least 24 state attorneys general have announced their intent to sue in anticipation of the Occupational Safety and Health Administration’s Emergency Temporary Standard.

Reach of NLRA Could Soon Expand

The NLRB is beginning to show the impact of the Biden administration’s more expansive view of the employment relationship under the National Labor Relations Act.

Other Highlights

New York HERO Act Safety Plans Must Remain in Effect Through October 31
Insight
Susan Gross Sholinsky, Steven Swirsky, Robert O’Hara, Nancy Gunzenhauser Popper, and Christopher Shur
ebglaw.com/insights/all-new-york-hero-act-safety-plans-must-be-placed-into-effect-new-guidance-issued/

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/

District of Columbia Expands Universal Paid Leave for Families
Insight
Nathaniel Glasser, Ann Knuckles Mahoney, and Eric Emanuelson, Jr.
ebglaw.com/insights/district-of-columbia-expands-universal-paid-leave-for-families/

Connecticut Requires Certain Hotels, Lodging Houses, Food Service Contractors and Building Service Enterprises to Recall Certain Laid-Off Workers
Workforce Bulletin
Peter Stein, Deborah DeHart Cannavino, and Dean Singewald, II
workforcebulletin.com/2021/09/30/connecticut-requires-certain-hotels-lodging-houses-food-service-contractors-and-building-service-enterprises-to-recall-certain-laid-off-workers/

Facebook Whistleblower Isn't Protected from Possible Company Retaliation, Experts Say
NPR
Gregory Keating Quoted
npr.org/2021/09/30/1042012393/facebook-whistleblower-retaliation

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.