This week, we’re looking at how employment laws and regulations are being impacted by the Biden administration’s recent actions on the international and national stages.

President Biden’s First State of the Union

President Biden gave his first State of the Union address last week, focusing largely on Russia's invasion of Ukraine. The President also used the State of the Union to renew his push for pro-labor policy changes in Congress.

Federal Task Force Releases Report on Worker Organizing

The White House Task Force on Worker Organizing and Empowerment recently released a report with nearly 70 recommendations. Learn more - dol.gov/sites/dolgov/files/OPA/newsreleases/2022/02/OSEC20220195.pdf

President Biden Makes SCOTUS Pick

President Biden has nominated D.C. Circuit Judge Ketanji Brown Jackson to replace retiring Justice Stephen Breyer on the Supreme Court. Judge Jackson’s previous decisions around employment law show a history of balanced, moderate opinions.

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/

Advances in AI Regulation in Relation to Labor and Employment
ABA International Labor and Employment Law Committee Midyear Meeting
David Garland, Speaker
Berlin, Germany
ebglaw.com/insights/aba-advances-in-ai-regulation-in-relation-to-labor-and-employment/

District of Columbia Is Poised to Postpone Non-Compete Law Until October 2022
Trade Secrets & Employee Mobility
Nathaniel Glasser, Eric Emanuelson, Tiffany Sarchet
tradesecretsandemployeemobility.com/2022/03/articles/non-compete-agreements/postponement-of-washington-d-c-s-ban-on-non-competes-postponed-to-october-2022/

President Biden Signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
Workforce Bulletin
Emily Patajo
workforcebulletin.com/2022/03/08/president-biden-signed-the-ending-forced-arbitration-of-sexual-assault-and-sexual-harassment-act-of-2021/

President Biden’s Vaccination Mandates for Federal Employees and Contractors Remain in Limbo
Workforce Bulletin
Nathaniel Glasser, Frank Morris, Peter Stein, Dean Singewald
workforcebulletin.com/2022/03/04/president-bidens-vaccination-mandates-for-federal-employees-and-contractors-remain-in-limbo/

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 major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies.

California Supreme Court Specifies Framework for Retaliation Cases

The California Supreme Court has picked a test for whistleblower retaliation cases in the state. After almost two decades of uncertainty around the question, the Court has directed lower courts to use state statutory law as the framework for deciding this type of retaliation case, rather than the federal burden-shifting McDonnell Douglas framework used in discrimination cases.

New York City Employers Prepare for Pay Transparency Law

Starting May 15, New York City employers must include a minimum and maximum salary on all New York City job postings. Read more - workforcebulletin.com/2022/01/18/nyc-job-postings-must-include-salary-ranges-effective-may-15-2022/

Agencies Ramp Up Support for Biden’s Labor Agenda

The U.S. Department of Labor (DOL) recently announced that its Wage and Hour Division will hire 100 new investigators to step up compliance enforcement, with more hiring planned later this year. The DOL also released a 45-page report with nearly 70 recommendations for increasing union membership in both the public and private sectors. Learn more about the report - dol.gov/newsroom/releases/osec/osec20220207

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/

Employee Protections from Retaliation Have Grown During Breyer’s Tenure
SHRM
Stuart Gerson Quoted
shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/employee-protections-from-retaliation-breyer.aspx

The Legal Pitfalls of Hybrid and Remote Work
TLNT
Adam Tomiak, Jeff Kramer
tlnt.com/the-legal-pitfalls-of-hybrid-and-remote-work/

2022 Mental Health Parity Report to Congress Highlights Increased Enforcement Efforts
Insights
Helaine Fingold, Kevin Malone, David Shillcutt, Bailey Wendzel
ebglaw.com/insights/2022-mental-health-parity-report-to-congress-highlights-increased-enforcement-efforts/

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/

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.