What employers should know about key developments this week:
- EEOC Proposes Eliminating EEO-1 Reports: The Equal Employment Opportunity Commission (EEOC) is proposing the complete elimination of EEO-1 reports (which include employee demographic data, such as race and gender), along with the rescission of EEO-2, EEO-3, EEO-4, and EEO-5 reports.
- Fifth Circuit Rules on Remote Work Accommodations: The U.S. Court of Appeals for the Fifth Circuit found that in-person attendance is an essential job function and that COVID-era accommodations do not define that standard today—a ruling that could prove informative as more employers implement return-to-office policies.
- New Non-Compete Restrictions in Tennessee: Beginning July 1, 2026, non-compete agreements will be unenforceable in Tennessee for employees who earn less than $70,000 a year (inclusive of wages, salary, commissions, nondiscretionary bonuses, and other forms of remuneration).
As featured in #WorkforceWednesday®: This week, we examine a decision from the U.S. District Court for the Southern District of New York addressing remote work requests and disability accommodations.
A recent federal ruling clarified that denying a request for full-time remote work as a disability accommodation does not, by itself, constitute discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act.
In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., discusses what the ruling means for employers navigating remote work requests and disability accommodations.
As featured in #WorkforceWednesday®: This week, we discuss highlights from Epstein Becker Green’s 44th Annual Workforce Management Briefing, which covered some of the most pressing issues for employers today.
Epstein Becker Green attorneys and clients from across the nation gathered in New York City this past week to share their insights on the latest developments in labor and employment law.
In this episode of Employment Law This Week, we hear from a few of the briefing’s panelists about the critical issues their clients are currently facing.
Key Topics of Discussion:
- Navigating Workplace Compliance and Litigation Risks: Panelists spoke about handling accommodation requests, defending class and collective claims, and refining termination strategies across varied regulatory landscapes.
- Adapting to Evolving Workforce Dynamics: Speakers explored managing diversity, equity, and inclusion initiatives; return-to-office mandates; and the rise in union activity.
- Governing AI and Technology: Panelists talked about ensuring responsible artificial intelligence (AI) adoption while addressing data privacy, liability, and ethical considerations.
As featured in #WorkforceWednesday®: As religious rights in the workplace gain new attention, a recent OPM memo broadening religious accommodations for federal employees could impact employers everywhere—at home and in the office.
Essential Impacts for Employers:
- The federal memo expands religious accommodations, including remote work.
- The Supreme Court’s 2023 Groff v. DeJoy ruling raised the “undue hardship” standard, making it more difficult for employers to deny religious accommodation requests.
- Accommodation requests are increasing, intersecting with remote work.
These developments create new compliance challenges and potential legal risks for employers in the public and private sectors. Epstein Becker Green attorney Nancy Gunzenhauser Popper explains how to evaluate accommodation requests under the heightened standard and what the new federal memo could mean for your organization.
Generational shifts in the workplace bring unique challenges and opportunities for employers striving to build productive and engaged teams.
In this one-on-one conversation, Epstein Becker Green attorney Jeff Landes joins George Whipple to explore strategies for managing and motivating the emerging workforce, with a particular focus on “Gen Z” employees. Jeff examines how organizations can adapt to generational expectations, including fostering transparency, providing meaningful feedback, and supporting mental health and wellness initiatives.
The discussion also addresses the evolving dynamics of hybrid and remote work, underscoring the importance of consistent performance management, clear communication, and innovative accommodations. From creating inclusive environments to navigating requests for flexible schedules, Jeff offers practical advice for handling the complexities of a modern workforce while maintaining operational efficiency.
Listen now to gain actionable ideas for workforce development and learn how to create a workplace culture that aligns with both employee needs and business goals.
On May 14, 2024, New Jersey Attorney General Matthew J. Platkin and the New Jersey Division on Civil Rights (“DCR”) released Guidance on Discrimination and Out-of-State Remote Workers (“the Guidance”), explaining the New Jersey Law Against Discrimination’s (NJLAD) application to remote employees. Noting the rise of telework following the COVID-19 pandemic, the Guidance states that the NJLAD is not limited to protecting only New Jersey-based employees but takes the position that it protects aggrieved employees of New Jersey employers “regardless of their ...
Handbooks are developed to outline policies and procedures employees must abide by in the workplace. But a handbook serves a dual, equally important purpose: to act as an operable defense against workplace claims brought by employees as a way to demonstrate that the employer had equitable and compliant policies in place.
In California, employers are required to disseminate such workplace information to employees another way: through workplace postings. The Department of Industrial Relations requires workplace postings be displayed in a ‘conspicuous’ place where they are easily visible to the intended audience, such as a bulletin board or mail-room/break-room wall or, in special circumstances, in a binder if there is no room to post such materials. In California, every business must post not only the Wage Order(s) that apply to its operation and the minimum wage[1] where employees can see them, but also 16 other employment notices. Failure to post required, up-to-date notices can have serious consequences, including costly penalties[2] and criminal charges.
As featured in #WorkforceWednesday: This week, we’re recapping some of the most significant changes that impacted employers in 2022.
As featured in #WorkforceWednesday: This week, we look at the business, legal, and tax implications of making decisions on a trend that’s here to stay: remote work.
Where is the impact of alleged employment discrimination? That is the question when evaluating whether a remote worker can assert claims under the New York State Human Rights Law (“NYSHRL”) and New York City Human Rights Law (“NYCHRL”), according to a recent decision by U.S. District Judge Edgardo Ramos. Relying on state law, Judge Ramos concluded that the basis for subject matter jurisdiction has not changed during the COVID-19 pandemic and remains grounded in New York’s “Impact Test,” meaning courts will look to where the impact of alleged discriminatory conduct was felt. Thus, regardless of whether an employer is located in New York, the anti-discrimination laws are intended to protect employees who live or work in New York.
As featured in #WorkforceWednesday: This week, we examine best practices for crafting flexible work arrangement policies. Requests to continue working remotely or with flexibility remain high as we emerge from the COVID-19 pandemic.
As featured in #WorkforceWednesday: This week, we focus on the uptick in requests for remote work as a reasonable accommodation during COVID-19 and what employers should consider when addressing them.
Remote Work and Reasonable Accommodations
A recent Equal Employment Opportunity Commission (EEOC) disability discrimination lawsuit shows the agency is closely watching and is interested in litigating cases where an employer fails to provide employees with reasonable accommodations in connection with requests for remote work during the pandemic. As these requests continue ...
As many employers approach their one-year anniversary of working from home, it is obvious that the COVID-19 pandemic has permanently changed both how and where we work. By 2025, an estimated 36.2 million Americans will be working remotely—a staggering 87% increase from pre-pandemic levels. Moreover, surveys reveal that company leaders plan to permit employees to work from home at least part of the time upon reopening their offices. However, a remote workforce poses a challenge for employers that must display certain notices and posters in their workplaces to advise employees of ...
As featured in #WorkforceWednesday: Employers fear that the COVID-19 pandemic could undo recent progress towards workforce equity, with women and caregivers leaving the workforce in droves. Flexible time off, remote work policies, and employee benefits, like on-site child care, are just a few options employers can deploy to retain female talent. Learn more about the legal issues.
Video: YouTube, Vimeo, MP4, Instagram.
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If you have questions, please reach out to the author(s).
The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.
Part 8 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.
If there has been one, singular guiding principle or mantra that has sustained us, challenged us, and in some cases, inspired us over these last few months, this is it: “Don’t Waste the Crisis.” It is also the mantra that will propel us forward.
Flashback to the eve of Governor Cuomo’s Executive Order in March, shutting down New York State and New York City as the nation and the world watched. In the countdown leading up to its effective date, there was a palpable feeling of existential ...
As we have previously highlighted, many countries have introduced creative new approaches to address the economic realities of the COVID-19 pandemic. As employees continue to work from home and employers reconsider whether employees must return to the workplace at all, some jurisdictions are implementing measures to accommodate the needs and interests of both employers and employees in the ever-changing and evolving employment environment. Luxembourg is yet another example of a country that has sought to develop solutions with its neighboring nations to ease the economic ...
In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Michael S. Kun addresses potential wage and hour class actions related to expense reimbursement for employees working from home during the COVID-19 pandemic.
Many employers may have employees working from home for the first time—or at least have employees in certain job categories doing so for the first time. Even employees who sometimes worked from home previously may be doing so for much more time now and, arguably, incurring greater expenses as a result.
This webinar will ...
In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Jeffrey H. Ruzal discusses wage and hour issues that could result from “work from home” policies and practices on account of the ongoing COVID-19 pandemic.
As fall approaches, businesses are deciding whether to fully reopen, maintain a largely remote workplace, or provide employees with the option of working in the workplace or at home through a hybrid approach. Recent reports and surveys have shown that many remote workers throughout the United States have been, on ...
Prompted by the many new telework or remote work arrangements that have arisen in response to COVID-19, on August 24, 2020, the Wage and Hour Division of the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2020-5 (“Bulletin”) to provide guidance regarding employers’ obligation “to exercise reasonable diligence in tracking teleworking employees’ hours of work.” The guidance, which includes citations to the Fair Labor Standards Act (“FLSA”), the DOL’s interpretive regulations, and federal case law, does not break new ground; ...
Given the ongoing considerations businesses face with the COVID-19 health crisis, many employers have increased the amount of teleworking for employees, including many roles that ordinarily would not telework. As the COVID-19 health crisis has progressed, employers have continued to extend their teleworking policies while other employers are gearing up to reopen offices. With these ongoing health risks, it is important for employers to review their teleworking policies and practices to ensure that they are appropriately compensating employees under the Fair Labor ...
As featured in #WorkforceWednesday: As the uncertainty with the COVID-19 pandemic continues, many employers are considering extended or permanent work-from-home (WFH) models. Attorneys Brian G. Cesaratto and Shawndra G. Jones share some tips for employers on cybersecurity and other issues to consider when implementing extended WFH models.
Video: YouTube, Vimeo, MP4, Instagram.
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If you have questions, please reach out to the author(s).
The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.
Given the number of states that have already ordered the closure of non-essential businesses due to the COVID-19 pandemic, employers fortunate to remain operational are likely dealing with the myriad challenges of a remote workforce.
As we previously wrote here, employers with work-from-home (“WFH”) policies in place need to make sure they are appropriately compensating their workers and are otherwise complying with all applicable federal, state, and local wage and hour laws.
In the WFH context, the related wage and hour concepts of “waiting time” and “on-call ...
In an effort to slow the spread of the 2019 novel coronavirus (“COVID-19”), many employers around the country are encouraging—if not requiring—their employees to work remotely. Although telecommuting during a public health crisis presents obvious benefits, it also presents employers with unique challenges, such as ensuring compliance with applicable expense reimbursement laws.
Employees working from home may incur any number of expenses – home computers, printers, Internet service, WiFi connections, smartphones and even paper, pens and other office ...
Recent Updates
- Watch: Change Is Coming from the EEOC—but When? - Employment Law This Week
- The EEOC Moves to End EEO Reporting – Comments Invited Through August 24
- Watch: New York Employers Face New Restrictions on Severance, Tuition Repayment, and Sick Time - Employment Law This Week
- Attention Connecticut Warehouse Employers: Deadline for New Quota Notices Approaching
- New Jersey Department of Labor’s Guidance Clarifies Expanded Job Protected Leave Rights for Employees