#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands

Employment Law This Week® - Episode 200


It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status.

See below for the video and podcast edition:

Video: YouTube, Vimeo.

EEOC Withdraws Wellness Incentive Rules

The Equal Employment Opportunity Commission (EEOC) has withdrawn two proposed rules on wellness program incentives that gave employers guidance on how to incentivize COVID-19 vaccination in a compliant manner. For now, employers should carefully consider the nature and value of any vaccination incentives. Click for more.

DOL Rollbacks

The Biden Department of Labor (DOL) is continuing its rollbacks of regulations and guidance established during the Trump administration. The agency has lifted Trump-era limitations on subregulatory guidance. The DOL has also recently pushed back the tip pool and tip credit regulations that had yet to take effect and has proposed a new joint-employer rule that is pending regulatory review. Read more about the new proposed joint-employer rule (subscription may be required).

OSHA to Oversee Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA) will now oversee worker retaliation complaints filed under two new statutes signed under President Trump: the Criminal Antitrust Anti-Retaliation Act and the Anti-Money Laundering Act. Read more about OSHA’s new role (subscription may be required).

Other Highlights

Sweeping Changes for NYC Fast-Food Industry

New York City recently enacted two laws that will grant several union-style protections to fast-food employees. Among other things, these laws will prohibit fast-food employers from terminating or cutting employees’ hours without just cause and will require employers that lay off employees due to bona fide economic reasons to do so in order of seniority. Learn more.

NYC’s “Ban the Box” Law Broadened

New York City’s Fair Chance Act, or “ban-the-box law,” has been broadened to include pending arrests and other criminal accusations, and prohibits inquiries into certain matters even after an employer makes a conditional job offer. Here’s more.

Non-Compete Restrictions Heat Up

A bipartisan bill has been introduced in both houses of Congress that would restrict the use of non-compete agreements. While limiting non-competes at the federal level may still be too difficult to pass, the New York City Bar recently recommended that the state legislature adopt statutory guidelines governing the use of non-competes for lower-salary employees. The recommendation in New York comes on the heels of a non-compete ban passing in Washington, DC.

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