This week, we look at updated regulations in California and New York City and at the U.S. Department of Labor (DOL).

California Employers Update COVID-19 Policies

California employers are implementing updated COVID-19 policies to comply with new standards in the California Division of Occupational Safety and Health’s recently readopted Emergency Temporary Standard.

NYC Mayor Signs Pay Transparency Amendment

Last week, New York City Mayor Eric Adams signed an amendment postponing the effective date of the city's new salary range disclosure law until November 1. Learn more - workforcebulletin.com/2022/05/13/nyc-mayor-signs-off-amended-nyc-pay-range-disclosure-law-will-take-effect-november-1-2022/

DOL Targets Worker Retaliation

The DOL recently issued a press release offering tools and resources to combat employer retaliation. Read more - wagehourblog.com/2022/05/articles/dol-enforcement/u-s-department-of-labor-issues-field-assistance-bulletin-on-protecting-workers-from-retaliation/

Other Highlights

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

Expect More Web Accessibility Claims, Despite DOJ Guidance
Law360
Shira Blank, Josh Stein
2ec2b246x45d31849pmcrgzb-wpengine.netdna-ssl.com/wp-content/uploads/2022/05/Law360-Stein-Blank-May2022-Expect-More-Web-Accessibility-Claims-Despite-DOJ-Guidance.pdf

Historic First Day of Personal Adult-Use Sales and Preservation of Medicinal Cannabis Market
New Jersey Law Journal (subscription required)
Lisa Gora
ebglaw.com/insights/historic-first-day-of-personal-adult-use-sales-and-preservation-of-medicinal-cannabis-market/

Superior Court of California Attorneys’ Fees Award Punishes Plaintiff’s Bad-Faith Litigation for Alleged Misappropriation of Trade Secrets
Trade Secrets & Employee Mobility
Edward Loya, Daniel Green, Phillip Antablin
tradesecretsandemployeemobility.com/2022/05/articles/trade-secrets-and-confidential-information/superior-court-of-california-attorneys-fees-award-punishes-plaintiffs-bad-faith-litigation-for-alleged-misappropriation-of-trade-secrets/

New York’s Anti-Discrimination Laws Do Not Protect Out-of-State Remote Workers
Workforce Bulletin
Elizabeth Houghton LaGreca, Adam Tomiak
workforcebulletin.com/2022/05/12/new-yorks-anti-discrimination-laws-do-not-protect-out-of-state-remote-workers/

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 Epstein Becker Green attorneys Greta Ravitsky and Eric Emanuelson:

An increasing number of employees are asking for flexible work arrangements after working remotely during the COVID-19 pandemic. How should employers respond?

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’re breaking down recent local- and state-level developments impacting compliance for employers.

NYC's Pay Transparency Law Expected to Be Delayed

If signed by Mayor Eric Adams, New York City’s pay transparency law will be delayed until November. Last Thursday, the New York City Council agreed to several amendments to the controversial Local Law 32, which requires a minimum and maximum salary for each job posting. Read more - workforcebulletin.com/2022/04/29/nyc-pay-transparency-law-amended-if-signed-by-mayor-adams-employers-will-have-until-november-1-2022-to-start-disclosing-salary-ranges-in-job-postings/

Meanwhile, May 7 remains the effective date for New York state’s electronic monitoring regulations. Learn more about how to comply - workforcebulletin.com/2022/05/03/times-up-electronic-monitoring-notice-requirements-for-new-york-employers-take-effect-this-week/

Florida Restricts Workplace Diversity Training

Effective July 1, Florida employers with at least 15 employees are prohibited from requiring training that "espouses or promotes" ideas about systemic racism or implicit bias. Discussion of these ideas is allowed, but there can be no endorsement of them.

Cal/OSHA Renews COVID-19 ETS

The California Division of Occupational Safety and Health (Cal/OSHA) has approved the third and final renewal of the state’s COVID-19 emergency temporary standard, effective through the end of the year. This allows Cal/OSHA additional time to adopt a permanent standard, which will likely take effect in January 2023.

Other Highlights

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

The Court Rules Out Emotional Distress Damages Under Anti-Discrimination Statutes: SCOTUS Today
SCOTUS Today
Stuart Gerson
linkedin.com/pulse/scotus-today-court-rules-out-emotional-distress-damages-stuart-gerson/?trackingId=5MpflIDZR%2BGq9Kfn6KrcDQ%3D%3D

Maryland Legislature Overrides Veto to Enact Paid Family and Medical Leave Program
Insights
Nathaniel Glasser, Carter DeLorme, Ann Knuckles Mahoney, Eric Emanuelson, Catherine Kang
ebglaw.com/insights/maryland-legislature-overrides-veto-to-enact-paid-family-and-medical-leave-program/

Amendments to Illinois’s Human Trafficking Recognition Training Act May Expand the Scope of Covered Employers to Include Restaurants and Truck Stops
Workforce Bulletin
Brenna McLean, Daniel Simandl
workforcebulletin.com/2022/05/02/amendments-to-illinoiss-human-trafficking-recognition-training-act-may-expand-the-scope-of-covered-employers-to-include-restaurants-and-truck-stops/

Preview the New Halting Harassment Module
Click here to view a preview of online anti-harassment training Halting Harassment, which is designed for multistate use with remote work in mind and features scenarios and best practices that apply across industries - ebglaw.com/halting-harassment-online-training/

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 attorneys Cassandra Labbees and Adam Tomiak, Members of the Firm:

With the recent surge in mental health discrimination charges, what can employers do to best address mental health in the workplace? Employers should evaluate their accommodations policies and current benefits offerings to assess parity in coverage and access to mental health services.

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 update you on two major developments from the National Labor Relations Board (“NLRB” or “Board”) and this year’s abridged timeline to submit EEO-1 data.

Union Activity Surges

The National Labor Relations Board (“NLRB” or “Board”) recently released data on the increase in petitions filed by unions for representation elections in the country. In the first half of fiscal year 2022, petitions filed by unions for representation elections jumped 57 percent from the same period last year.

NLRB GC Takes Aim at “Captive Audience” Meetings and Supports Union Organizing

The Biden administration has been vocal in supporting unionization efforts and making it easier for unions to win elections. Recently, NLRB General Counsel Jennifer Abruzzo issued a memo indicating that her office will be asking the Board to find “captive audience” meetings, in which employers seek to convince workers to vote against union representation, to be unlawful and violate the National Labor Relations Act. The memo reflects the General Counsel’s goal of limiting the ability of an employer to campaign and share its views with employees before they vote. Read more - managementmemo.com/2022/04/19/nlrb-general-counsel-urges-labor-board-to-expand-prohibition-on-captive-audience-meetings-and-employers-right-to-present-their-views-on-unionization/

In a brief recently filed with the Board, General Counsel Abruzzo asked the Board to adopt a requirement that an employer recognize and bargain with a union that claims majority support unless the employer can establish that it has a “good faith doubt” as to the union’s claim of majority status. Learn more - managementmemo.com/2022/04/19/nlrb-general-counsel-pushes-to-skip-union-elections-by-reinstating-joy-silk-doctrine/

Equal Employment Opportunity Commission Opens EEO-1 Data Collection, with Fast Timeline

Employers are racing to submit their 2021 EEO-1 Component 1 data by May 17, a significantly shorter window than the previous two years.

Other Highlights

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

Ohio Enacts Changes to Overtime Exemption Laws and Class/Collective Action Procedures
Wage and Hour Defense Blog
Jill Bigler and James Petrie
wagehourblog.com/2022/04/articles/flsa-coverage/ohio-enacts-changes-to-overtime-exemption-laws-and-class-collective-action-procedures/

COVID-19 Tumult Softens Employers’ Stance on Resume Gaps
Law360 (subscription may be required)
Ann Knuckles Mahoney Quoted
ebglaw.com/insights/ann-knuckles-mahoney-quoted-in-covid-19-tumult-softens-employers-stance-on-resume-gaps/

Remembering an Underappreciated Legal Skill—Listening
Law360
James Flynn
ebglaw.com/insights/remembering-an-underappreciated-legal-skill-listening/

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.