As featured in #WorkforceWednesday: While the Equal Employment Opportunity Commission says that employers can institute mandatory vaccination policies, there are many legal considerations that come with those policies, especially as more employees return to work. And employers that do not mandate vaccines are wondering what workplace rules they can implement without legal risk. Attorneys Jennifer Barna and Nathaniel Glasser tell us more. You can also read more about the legal considerations of mandating vaccination.
As featured in #WorkforceWednesday: This week, several COVID-19 vaccine news developments and updates were announced for employers.
Paid Leave Tax Credit for Employers
President Biden recently announced employers that offer full pay to workers for vaccinations and recovery may be entitled to a paid leave tax credit.
EEOC Promises Guidance on COVID-19 Vaccine Incentive Programs
EEOC acting legal counsel Carol Miaskoff said recently that the agency will release guidance on vaccine incentive programs.
OSHA Offers Guidance on Vaccine Reaction Reporting
Guidance from OSHA ...
As featured in #WorkforceWednesday: This week, our special podcast series, Employers and the New Administration, concludes with a look at how President Biden’s landmark American Rescue Plan impacts employers.
As President Biden’s first 100 days come to a close, his $1.9 trillion American Rescue Plan Act of 2021 (ARPA) is having a big impact on employers. The plan, one of the largest stimulus bills in history, attempts to provide relief to constituents affected by the COVID-19 pandemic through several ways, among those ways are changes to employee benefits and compensation.
In ...
As featured in #WorkforceWednesday: This week, employers continue waiting on OSHA's COVID-19 emergency temporary standard as retaliation claims rise.
As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs and the Occupational Safety and Health Administration. Guest attorney Bob O’Hara discusses the regulatory actions employers should anticipate. Attorney David Garland leads the conversation.
Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the Biden administration’s first 100 days ...
As featured in #WorkforceWednesday: This week, some practical updates on posting requirements, reporting deadlines, and new COVID-19 leave in California.
As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, we look at what President Biden’s support for unions throughout his political career might mean for labor management relations.
In this episode, Glenn Spencer, Senior Vice President of the Employment Policy Division at the U.S. Chamber of Commerce, and attorney Steve Swirsky discuss what employers can expect from the NLRB under the Biden administration. Attorney David Garland leads the conversation.
See below for the video edition and the extended ...
As featured in #WorkforceWednesday: This week, COVID-19 recovery and safety are top of mind as new stimulus funding, an Occupational Safety and Health Administration (“OSHA”) directive, and paid leave requirements are put in place.
As featured in #WorkforceWednesday: In this episode, hear from EEOC Commissioner Keith Sonderling. As a sitting commissioner, Mr. Sonderling has a unique perspective on priorities, new initiatives, and the outlook for what employers can expect from the agency in 2021. Attorney David Garland leads the conversation.
Employers and the New Administration is a special podcast series from Employment Law This Week®, with analysis of the first 100 days of the Biden administration. Special podcast episodes air every other #WorkforceWednesday.
If you’d like to hear ...
As featured in #WorkforceWednesday: In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status.
As featured in #WorkforceWednesday: This week on our special podcast series, Employers and the New Administration, we look at how the Biden administration’s approach to wage and hour issues will impact employers. Special podcast episodes air every other #WorkforceWednesday.
The Wage and Hour Division of the U.S. Department of Labor (DOL) has already adopted the Biden administration’s commitment to enforcement, its movement against arbitration agreements, and a fresh view on worker classification. What other wage and hour developments can employers expect under ...
As featured in #WorkforceWednesday: This week, we look at updated safety and mask guidance and the top workplace regulations the Biden administration has rolled back.
As featured in #WorkforceWednesday: This week kicks off Employers and the New Administration, a special podcast series on how the Biden administration’s first 100 days will impact employers. In this episode, attorney David Garland interviews attorney Gregory Keating on what the nomination of Marty Walsh as Labor Secretary means for employers.
The series will air every other week in #WorkforceWednesday and on your preferred podcast platform.
See below for the video and the extended podcast edition. Visit our site for more news.
As featured in #WorkforceWednesday: This week, we look at leadership changes and new religious guidance from the Equal Employment Opportunity Commission.
As featured in #WorkforceWednesday: In early January, the Equal Employment Opportunity Commission (EEOC) issued proposed rules on using incentives to encourage employee participation in wellness programs. While we don’t know exactly how President Biden’s EEOC will adjust the proposed rules, attorney Frank Morris explains why employers should keep the rules in mind when offering incentives to employees for COVID-19 vaccination. Read more.
As featured in #WorkforceWednesday: This week, President Biden takes office, making combatting COVID-19 his top priority. Employers are also planning ways to incentivize employee vaccination.
As featured in #WorkforceWednesday: With President-Elect Biden's inauguration next week, and the Democrats taking a narrow majority in both houses of Congress, we’re likely to see shifts in policy at the agencies that regulate employment. Attorney Robert O'Hara discusses what we're likely to see coming out of the EEOC in the near term, and how the change in party control could affect the agency moving forward.
As featured in #WorkforceWednesday: President-Elect Biden has chosen Marty Walsh to serve as Labor Secretary in his administration. Walsh is Boston’s mayor and a former top union leader. Attorney David Garland tells us more.
As featured in #WorkforceWednesday: The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace. See our video featuring attorneys Brian Cesaratto, Denise Dadika, Nathaniel Glasser, RyAnn McKay Hooper, Shawndra Jones, Cassandra Labbees, Robert O'Hara, and George Carroll Whipple.
As featured in #WorkforceWednesday: This week, Congress finally passes a COVID-19 relief bill as employers make longer-term plans for vaccination programs and return to work.
As featured in #WorkforceWednesday: Employers considering mandatory COVID-19 vaccination programs need to address challenges. For example, how will your company handle reasonable accommodations or the potential risk of liability for health problems caused by employer-mandated vaccines? Read more.
As featured in #WorkforceWednesday: The Department of Labor will look very different under President-Elect Biden from how it did under President Trump, and the changes could come in the early days of Biden’s presidency. Attorney Paul DeCamp tells us more.
As featured in #WorkforceWednesday: This week, we look at a new COVID-19 quarantine timeline and stricter workplace safety regulations in California.
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.
As featured in #WorkforceWednesday: This week, federal contractors receive guidance on diversity training, while many employers are committing to diversity and inclusion anew with updated plans and time off to vote.
As featured in #WorkforceWednesday: While some might expect U.S. Supreme Court nominee Amy Coney Barrett to be a pro-employer judge, her record on labor and employment decisions could tell a different story. Attorney David Garland discusses Judge Barrett’s record and what it could mean for employers should she be confirmed to the High Court. Read more about Judge Barrett’s record (subscription required).
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.
As featured in #WorkforceWednesday: California provides a detailed COVID-19 employer playbook, and a federal judge vacated parts of the Department of Labor’s Families First Coronavirus Response Act rule.
Featured in #WorkforceWednesday: This week, Virginia became the first state to issue workplace safety standards, but with guidance still varying widely, many nationwide businesses have begun requiring masks.
As featured in #WorkforceWednesday: The latest FAQs from OSHA recommend wearing face masks, among other suggestions, for employees returning to work. Attorney Robert J. O'Hara discusses the significance of OSHA’s decision to issue recommendations, rather than guidance, and how rules on face masks in the office may differ at the state and local levels.
As featured on #WorkforceWednesday: This week, we finally have some guidance from the Occupational Safety and Health Administration (OSHA), and big employment law changes in Virginia go into effect.
Featured in #WorkforceWednesday: Attorney Denise Dadika examines the unique challenges health care employers face as they ramp business back up and reopen for both patients and employees.
Featured in #WorkforceWednesday: As businesses across the United States open up, workers may increasingly turn to unions to help support their safety. Employers should take steps to properly prepare for this resurgence in union activity. Attorney RyAnn Hooper explains more.
As featured in #WorkforceWednesday: This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers.
As featured in #WorkforceWednesday: Mobile technologies, including contact tracing and screening apps, will help safely bring employees back to work. However, there are a range of employment law and privacy concerns to consider before implementing these technologies. Attorneys Adam S. Forman and Karen Mandelbaum tell us more. You can also read more in a recent Law360 article.
As featured in #WorkforceWednesday: To support employee mental health, employers have important tools available, such as telemental health benefits, vacation, leave, and the interactive accommodation process. Watch for a few quick tips.
As featured in #WorkforceWednesday: One way employers can support employee mental health in today’s environment is ensuring that their benefits offerings include telemental health services. Attorneys Cassandra Labbees and Amy Lerman tell us more about telemental health and evaluating your benefits plans.
As featured in #WorkforceWednesday: As employers continue to navigate the COVID-19 pandemic, many executives are taking pay cuts or forgoing pay to help businesses stay afloat. This is affecting executive contracts and compensation packages, and could result in significant changes in the future. Attorneys Gretchen Harders and Rina Fujii tell us more.
As featured in #WorkforceWednesday: The COVID-19 pandemic has created a sudden imbalance in the labor market. While many employers are implementing layoffs or furloughs, other “essential” businesses are searching for additional employees to meet demand. Attorneys Nathaniel Glasser and Ian Carleton Schaefer discuss how employers can use creative approaches to address this imbalance. Read more about the strategies for employers (subscription required).
As featured in #WorkforceWednesday: With all the challenges businesses are facing, it is hard to stay focused on data security. Hackers see the newly remote workforce as an opportunity, and phishing attacks are on the rise. Employers can fight back in a few ways:
- Educate employees.
- Update training materials and work-from-home policies.
- Get security patches to employee devices quickly.
- Update your data breach response plan and communicate it.
- Remind your employees to help keep data secure by password-protecting devices with strong passwords and protecting sensitive ...
As featured in #WorkforceWednesday: Last week, Congress passed and President Trump signed the CARES Act, a $2+ trillion stimulus law, which is the largest stimulus in U.S. history. Attorney Paul DeCamp discusses how this law could benefit certain employers during this unprecedented time in the following video interview.
Video: YouTube, Vimeo, MP4, Instagram.
Podcast: Apple Podcasts, Google Play, Overcast, Soundcloud, Spotify, Stitcher.
Following are the top stories featured in this week's #WorkforceWednesday, from Employment Law This Week:
Employee Travel and the Coronavirus
The threat of COVID-19 is growing, and U.S. companies are on high alert. International travel by employees is an area of particular concern to employers. For more, check out our resource center at https://www.ebglaw.com/coronavirus.
NLRB Joint-Employment Rule to Take Effect
The National Labor Relations Board ...
A Trending News video featured in #WorkforceWednesday: Last week, government agencies released several different coronavirus guidance documents for employers:
- The Centers for Disease Control and Prevention released general guidance as well as separate guidance for health care employers.
- The Occupational Safety and Health Administration has released general guidance and additional industry-specific guidance for health care, death care, laboratories, airline operations, border protection, and waste management.
- California’s ...
A Trending News interview with our colleague Michael Ferrell of Epstein Becker Green, as featured in #WorkforceWednesday. As Mike discusses, Kickstarter employees voted to unionize last week. This is the first big unionization in the technology industry, and it could signal more union activity to come.
A Trending News video featured in #WorkforceWednesday: According to The New York Times, over 200 executives have been ousted since 2017, leaving some wondering – is #MeToo over? Far from it.
This dynamic, macro-equity movement has led to numerous workplace regulations that encompass broader pay equity and diversity and inclusion efforts. Privileged pay equity audits are one proactive tool.
Blog Editors
Recent Updates
- Video: New H-1B Visa Fee, EEOC Shutters Disparate Impact Cases, Key Labor Roles Confirmed - Employment Law This Week
- New $100,000 H-1B Fee Proclamation – Implications and Action Steps
- Video: FTC Backs Off Non-Compete Ban, Warns Health Care Employers - Employment Law This Week
- Artificial Intelligence and Disparate Impact Liability: How the EEOC’s End to Disparate Impact Claims Affects Workplace AI
- Reminder: Massachusetts Salary Range Disclosure Requirements Take Effect in October