This week, we look at how state and local COVID-19 requirements and new COVID-19 benefits are shifting employers’ policies once again.

Employers Respond to SCOTUS OSHA Decision

Employers and government agencies are reacting to the Supreme Court’s January 13th rejection of OSHA’s vaccine-or-test mandate for large employers. Read more - ebglaw.com/insights/kate-rigby-quoted-in-carhartt-stuck-with-its-covid-19-vaccine-mandate-the-backlash-ensued/

Next Steps for Employers

The Supreme Court decision means that employers are no longer facing the deadlines laid out in OSHA's Emergency Temporary Standard, but they still must remain compliant with state and local laws and requirements. Rules relating to employer vaccine, testing, and masking mandates vary widely across the country, making compliance for multistate or national employers extremely challenging.

New COVID-19 Benefits and Employer Policies

While the nationwide regulations have been stymied in court, the federal government is pushing ahead with new national COVID-19 benefits that could affect the way employers prepare for the next stage of the pandemic.

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/

Avoiding and Defending Wage and Hour Class Actions
Click here to view more on the next steps if your company is hit with a wage and hour class or collective action - explore.ebglaw.com/wage-hour-class-actions/home/

CMS Vaccine Mandate: New Hospital Survey Procedures and Deadlines
Insights
Allen Killworth, Jenny Nelson Carney
ebglaw.com/insights/cms-vaccine-mandate-new-hospital-survey-procedures-and-deadlines/

NYC Job Postings Must Include Salary Ranges Effective May 15, 2022
Workforce Bulletin
Marc Mandelman; Nancy Gunzenhauser Popper; Eric Emanuelson, Jr.; Lucas Peterhans
workforcebulletin.com/2022/01/18/nyc-job-postings-must-include-salary-ranges-effective-may-15-2022/

Cal/OSHA Releases Updated COVID-19 Resources for Employers
Workforce Bulletin
Jennifer Nutter, Vidaur Durazo
workforcebulletin.com/2022/01/25/cal-osha-releases-updated-covid-19-resources-for-employers/

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 Kate Rigby, Member of the Firm:

The Supreme Court blocked the OSHA vaccine-or-test mandate for large employers last week, but upheld the CMS mandate for millions of health care workers. What does this mean for employers?

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 latest federal rules and guidance on vaccination policies, quarantine periods, and masking.

Updated Status of Federal Vaccine Orders

A very divided Supreme Court heard arguments last Friday regarding injunctions on the federal health care vaccine mandate and the vaccine-or-test requirements for employers with 100 or more employees. Read more - healthemploymentandlabor.com/2021/12/29/rare-hearing-by-the-supreme-court-as-to-stays-in-vaccine-mandate-cases/

CDC Shortens Quarantine Recommendations

The Centers for Disease Control (CDC) has shortened the recommended quarantine period for a person who is exposed to or tests positive for COVID-19. The CDC now recommends that asymptomatic people quarantine for five days instead of 10, followed by five days of masking. Here’s more - workforcebulletin.com/2021/12/30/cdc-shortens-recommended-covid-19-isolation-and-quarantine-periods/

The Definition of “Fully Vaccinated”

The CDC's new recommendations indicate that the agency could be moving toward requiring booster shots in order for people to be considered fully vaccinated. This would have great implications for the federal vaccine mandates, something employers that are considering requiring boosters have already started confronting.

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/

Preparing for Non-Compete Litigation – 2022 Update
Thomson Reuters Practical Law
Pete Steinmeyer
ebglaw.com/insights/preparing-for-non-compete-litigation-2022-update/

New York Rings in 2022 with Employment Law Updates
Insights
Susan Gross Sholinsky, Nancy Gunzenhauser Popper, Nicole Zolla, and Kamil Gajda
ebglaw.com/insights/new-york-rings-in-2022-with-employment-law-updates/

New York’s Paid Family Leave Is Expanding in Two Ways
Workforce Bulletin
Nancy Gunzenhauser Popper, Genevieve Murphy-Bradacs, and Nicole Zolla
workforcebulletin.com/2022/01/06/new-yorks-paid-family-leave-is-expanding-in-two-ways/

Five Fast Facts on Boston’s Indoor Vaccine Mandate
Workforce Bulletin
Kate Rigby, Fran DeLuca, and Sherelle Wu
workforcebulletin.com/2022/01/10/five-fast-facts-on-bostons-indoor-vaccine-mandate/

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.

This week, we’re recapping some of the biggest changes that impacted employers in 2021. We also look ahead to what’s in store in the new year.

(1) A Shift in Labor Policy and Enforcement

The new Biden administration is ushering in more labor- and employee-friendly policies. The personnel changes and updated enforcement agenda at the National Labor Relations Board best exemplify this shift. The Biden administration has also made clear that it plans to be more rigorous when it comes to enforcement.

(2) Employee Mobility Trend Accelerates

Employers saw the employee mobility trend pick up this year. Behind this trend is an increase in state legislation limiting the use of non-compete agreements. Court decisions have also become more critical of non-compete agreements, with many courts refusing to enforce broad restrictions.

(3) COVID-19 Rules Remain in Flux

Many employers opened up offices or implemented hybrid work environments while also navigating this year’s constantly changing requirements on vaccination and masking policies, privacy protections, and accommodations. Just this week, the Occupational Safety and Health Administration announced new enforcement deadlines for the COVID-19 Vaccination and Testing Emergency Temporary Standard after a nationwide injunction was lifted.

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/

CMS Issues Guidance on COVID-19 Testing in the Workplace

Health Employment and Labor
Allen Killworth, Nancy Gunzenhauser Popper, Denise Merna Dadika, Nathaniel Glasser, and Bob Hearn
healthemploymentandlabor.com/2021/12/15/cms-issues-guidance-on-covid-19-testing-in-the-workplace/

The EEOC Releases Guidance: What Employers Should Know About COVID-19
Workforce Bulletin
Susan Gross Sholinsky, Frank Morris, and Kamil Gajda
workforcebulletin.com/2021/12/20/the-eeoc-releases-guidance-what-employers-should-know-about-covid-19/

New Year, New Laws Impacting California Employers
Insight
David Prager, Jennifer Nutter, Alice Kwak, and Vidaur Durazo
ebglaw.com/insights/new-year-new-laws-impacting-california-employers/

Holiday Cyber Storm Warnings
Health Law Advisor
Stuart Gerson and Alaap Shah
healthlawadvisor.com/2021/12/17/holiday-cyber-storm-warnings/

WORKFORCE (re)imagined.TM
Click here to find out how we can help with return to work or hybrid workforce issues.
ebglaw.com/services/employment-labor-workforce-management/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.

This week, we look at the status of the federal government’s COVID-19 vaccine rules for employers and the COVID-19 vaccine mandates in New York State and City.

Federal Vaccine Mandates Paused

All three federal vaccine mandates for employers are now on hold, after a district court in Georgia issued a nationwide injunction on the federal contractor mandate last week. Read more about the injunction - workforcebulletin.com/2021/12/08/vaccine-mandate-for-federal-contractors-enjoined-nationwide/

Senate Blocks OSHA ETS for Large Employers

The majority-Democratic Senate passed a resolution last week to block the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard for employers with 100 or more employees. That legislation is likely to stall in the House, but it could be a sign of stiffer opposition to come.

Update on Vaccine Mandates in New York State and City

Last week, Mayor Bill de Blasio announced a “universal” COVID-19 vaccine mandate affecting all private employers in New York City. Learn more about the across-the-board mandate, which does not include a testing option and is the first of its kind in the country - ebglaw.com/insights/the-new-vaccine-mandate-for-new-york-city-employers-what-we-know-what-we-expect-and-what-employers-should-do-now/

This week, the U.S. Supreme Court also kept intact New York State’s vaccine mandate for health care workers - healthemploymentandlabor.com/2021/12/15/supreme-court-lets-new-yorks-vaccine-mandate-for-health-care-workers-stand/

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 Governor Reinstates Mask Mandate
Workforce Bulletin
Jeffrey Landes, Nancy Gunzenhauser Popper, Eric Emanuelson Jr., and Kamil Gajda
workforcebulletin.com/2021/12/10/new-york-governor-reinstates-mask-mandate/

What Should Employers Do When a Worker Tests Positive for COVID-19?
SHRM
Eric Emanuelson Jr. Quoted
shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus-worker-tests-positive-for-covid-19.aspx

DOJ’s First Wage-Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements Are Illegal Per Se
Trade Secrets & Employee Mobility
Janene Marasciullo and David Clark
tradesecretsandemployeemobility.com/2021/12/articles/post-employment-restrictions/dojs-first-wage-fixing-indictment-survives-a-motion-to-dismiss-because-court-finds-wage-fixing-agreements-are-illegal-per-se/

Monitoring Employee Email or Other Electronic Usage: New York Will Require Employers to Provide Notice
Insight
Brian Cesaratto, Adam Forman, Susan Gross Sholinsky, Shawndra Jones, Nathaniel Glasser, and Matthew Savage Aibel
ebglaw.com/insights/monitoring-employee-email-or-other-electronic-usage-new-york-will-require-employers-to-provide-notice/

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.