A Trending News interview from Employment Law This Week®, featuring attorney Erik W. Weibust, Member of the Firm:

There has been a wave of legislation restricting non-compete agreements in the states, as well as a focus on such agreements at the federal level. How do employers maintain compliance?

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 compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California.

EEOC Reports Surge of COVID-19-Related Charges

On the heels of the Equal Employment Opportunity Commission’s guidance on COVID-19 caregiver discrimination, the agency has released new data showing a surge in COVID-19-related charges.

New York City Prepares for Pay Transparency Law

The New York City Commission on Human Rights recently issued guidance on the City's new salary range disclosure law. The law is currently set to go into effect on May 15, but there are pending amendments that could push the effective date back to November 1. Learn more - workforcebulletin.com/2022/03/31/new-york-citys-upcoming-salary-range-disclosure-law-guidance-issues-and-proposed-amendments-are-introduced/

Supreme Court Considers PAGA Arbitration

Last week, the U.S. Supreme Court heard oral arguments for Viking River Cruises v. Moriana. The case addresses whether arbitration agreements with class action waivers extend to claims brought under California's Private Attorneys General Act, or PAGA. Read more about the case - wagehourblog.com/2022/03/articles/california-wage-hour-law/did-the-supreme-court-oral-argument-on-viking-river-cruises-signal-a-coming-sea-change-for-california-employment-law/

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/

The Pros – and Cons – of Arbitration Agreements with Class Action Waivers
Wage and Hour Defense Blog
Mike Kun
wagehourblog.com/2022/04/articles/california-wage-hour-law/the-pros-and-cons-of-arbitration-agreements-with-class-action-waivers/

OSHA Reopens Rulemaking Record for a Permanent Standard to Protect Health Care Workers Against COVID-19 and Considers Expanding Its Scope
Health Employment and Labor
Denise Dadika, Joanita Gakami
healthemploymentandlabor.com/2022/03/30/osha-reopens-rulemaking-record-for-a-permanent-standard-to-protect-health-care-workers-against-covid-19-and-considers-expanding-its-scope/

UPDATE: Washington, D.C. Ban on Non-Competes Postponed Until October 2022
Workforce Bulletin
Nathaniel Glasser, Eric Emanuelson, Kamil Gajda
workforcebulletin.com/2022/03/31/update-washington-d-c-ban-on-non-competes-postponed-until-october-2022/

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 Ann Knuckles Mahoney, Associate:

The U.S. Equal Employment Opportunity Commission (EEOC) recently released guidance on caregiver discrimination, offering employers more direction on an issue COVID-19 has brought to the forefront.

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 a range of developments shifting the enforcement approach across federal agencies and how employers can comply with these shifts.

Texas Court Reinstates DOL Independent Contractor Rule

A district judge in Texas has reinstated a Department of Labor (DOL) rule that created a uniform test for determining worker classification under the Fair Labor Standards Act. The rule was established in the final weeks of the Trump administration, and withdrawn by the Biden administration. Read more - wagehourblog.com/2022/03/articles/dol-enforcement/federal-court-reinstates-trump-era-independent-contractor-rule/

OFCCP Targets Pay Equity Audits

In its first directive of the Biden administration, the Office of Federal Contract Compliance Programs (OFCCP) details the requirement for employers to conduct regular, in-depth pay equity audits. And then it goes a step further. If the OFCCP has any concerns with a government contractor’s or subcontractor’s compliance evaluations, it will request access to "a complete copy" of the pay equity audit.

OSHA Focuses COVID-19 Inspections on Health Care Facilities

The Occupational Safety and Health Administration (OSHA) recently announced its intent to check up on previously cited health care facilities. Though the health care emergency temporary standard is no longer in effect, this announcement makes it clear that many elements are still required.

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/

President Biden Signs into Law the Cyber Incident and Reporting Act, Mandating Reporting of Cyber Incidents and Ransomware Payments
Workforce Bulletin
Brian Cesaratto, Allen Killworth, Alexander Franchilli
workforcebulletin.com/2022/03/18/president-biden-signs-into-law-the-cyber-incident-and-reporting-act-mandating-reporting-of-cyber-incidents-and-ransomware-payments/

A New Protected Class? Not Quite, but the EEOC Is Looking Out for Workers with Caregiving Obligations
Workforce Bulletin
Lauri Rasnick, Susan Gross Sholinsky
workforcebulletin.com/2022/03/21/a-new-protected-class-not-quite-but-the-eeoc-is-looking-out-for-workers-with-caregiving-obligations/

New York HERO Act Designation Over, Six Months Later
Workforce Bulletin
Nancy Gunzenhauser Popper
workforcebulletin.com/2022/03/18/new-york-hero-act-designation-over-six-months-later/

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.