Workforce Bulletin

Insights on Labor and Employment Law

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CDC Eliminates Quarantine Requirements for COVID-19 Exposure

By Nancy Gunzenhauser Popper & Susan Gross Sholinsky

August 17, 2022

After two and a half years of promoting protocols aimed at reducing transmission of coronavirus, on August 11, 2022, the CDC eliminated its recommendation that people quarantine after exposure to COVID-19 and updated other recommendations. In recognition of how vaccination, boosters, and improved treatments have the reduced risk of severe illness, hospitalization, and death, the CDC has “streamlined” its guidance regarding what actions people should take to protect themselves and others if they…

Workforce Bulletin

New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law

By Susan Gross Sholinsky, Steven M. Swirsky & Nancy Gunzenhauser Popper

August 5, 2022

Back in March 2021, when it wasn’t easy for many people to get an appointment for an inoculation against COVID-19, New York State created an incentive for employees to get vaccinated. A new provision was added to the Labor Law, requiring employers to provide paid leave time to employees to obtain each dose. As we previously noted, this statute was intended to sunset on December 31, 2022. However, as this year’s busy legislative session…

Workforce Bulletin

Video: Remote and Hybrid Work Policies, COVID-19 Positivity, NLRB/FTC Team Up on Non-Competes – Employment Law This Week

By Epstein Becker Green

August 3, 2022

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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. Important Considerations for Remote and Hybrid Work Policies Employers across the country are crafting new policies around remote and hybrid work environments, with some employers even adopting work-from-anywhere policies. What business, legal, and tax considerations should be factored in? Joel Eisenreich, Principal at Deloitte Tax LLP, and…

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Video: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes – Employment Law This Week

By Epstein Becker Green

July 27, 2022

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As featured in #WorkforceWednesday: This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels. EEOC Updates Guidance on COVID-19 Testing of Employees Updated guidance from the U.S. Equal Employment Opportunity Commission states that mandatory COVID-19 testing is no longer automatically justified and that employers should now only mandate testing when it is “job-related and consistent with business necessity” to avoid Americans with Disabilities…

Workforce Bulletin

EEOC Walks Back Its Advice on When Workplace COVID Testing Is Appropriate

By Susan Gross Sholinsky, Nancy Gunzenhauser Popper & Eduardo J. Quiroga

July 22, 2022

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and making various generally non-substantive editorial changes throughout. According to the EEOC, it revised the guidance in light of the evolving circumstances of the pandemic. Here’s a run-down of the substantive changes in this latest iteration of “What You Should Know About COVID-19 …

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Video: Employers Respond to Dobbs, Implications of the Supreme Court’s EPA Ruling, and Pay Increases for CA Health Care Workers – Employment Law This Week

By Epstein Becker Green

July 13, 2022

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As featured in #WorkforceWednesday: This week, we look at two U.S. Supreme Court decisions and legislation in California with major implications for employers and health care providers. Employers Respond to Dobbs Employers across the country are navigating a new landscape following the Supreme Court’s decision to return the abortion issue to the states. The state-by-state impact of the Dobbs decision has made questions of travel benefits, employee privacy, and updates to workplace policies very complex. Supreme Court’s…

Workforce Bulletin

Fifth Circuit Holds COVID is Not a “Natural Disaster” Under the WARN Act

By Marc A. Mandelman & Eduardo J. Quiroga

June 28, 2022

On June 15, 2022, the U.S. Court of Appeals for the Fifth Circuit held that COVID-19 does not qualify as a “natural disaster” under the federal Workers’ Adjustment and Retraining Notification (“WARN”) Act, effectively foreclosing one important argument used by employers in defense of COVID-19-related WARN lawsuits. As this is the only appellate court to affirmatively interpret WARN’s “natural disaster” exception, barring a split by other circuits, this case sets an important precedent in ongoing…

Workforce Bulletin

Video: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave – Employment Law This Week

By Epstein Becker Green

June 22, 2022

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As featured in #WorkforceWednesday: This week, we look at two significant court decisions for employers and bring you a practical update on new bereavement leave rules in Illinois. SCOTUS: FAA Preempts California’s PAGA Loophole Last week, the U.S. Supreme Court ruled that an individual claim under California’s Private Attorneys General Act (PAGA) is subject to an arbitration agreement. This ruling will apply to all pending and future PAGA litigation involving otherwise enforceable arbitration agreements…

Workforce Bulletin

Video: AI Technology Regulations, Transparency in AI, OSHA’s Permanent COVID-19 Standard – Employment Law This Week

By Epstein Becker Green

May 25, 2022

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As featured in #WorkforceWednesday: This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making. The Future of AI Technology Regulations for Employers Regulations and enforcement are tightening for the use of AI technology in employment decisions, on both the state and federal level. What can employers do to ensure compliance? Attorneys Nathaniel Glasser and Sahar Shiralian tell us more. Video: YouTube, Vimeo.Podcast: Apple Podcasts, …

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What Principles of Explainability and Transparency Should an Employer Consider When Using Video Interviewing and Similar Automated Hiring Tools?

By Nathaniel M. Glasser & Alexander J. Franchilli

May 24, 2022

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Prompted by the widespread adoption and use of video-conferencing software following the COVID-19 pandemic, many employers have shifted toward video interviews to evaluate potential hires. Even as employers have begun to require in-office attendance, the widespread use of video interviewing has continued, because it is a convenient and efficient way to evaluate applicants. Some of the video interviewing tools used by employers incorporate the use of artificial intelligence (AI) in an effort to maximize the…

Workforce Bulletin

Insights on Labor and Employment Law

Blog Authors

CDC Eliminates Quarantine Requirements for COVID-19 Exposure

New York State Tacks on an Extra Year to Its Paid Vaccination Leave Law

Video: Remote and Hybrid Work Policies, COVID-19 Positivity, NLRB/FTC Team Up on Non-Competes – Employment Law This Week

Video: New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes – Employment Law This Week

EEOC Walks Back Its Advice on When Workplace COVID Testing Is Appropriate

Video: Employers Respond to Dobbs, Implications of the Supreme Court’s EPA Ruling, and Pay Increases for CA Health Care Workers – Employment Law This Week

Fifth Circuit Holds COVID is Not a “Natural Disaster” Under the WARN Act

Video: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave – Employment Law This Week

Video: AI Technology Regulations, Transparency in AI, OSHA’s Permanent COVID-19 Standard – Employment Law This Week

What Principles of Explainability and Transparency Should an Employer Consider When Using Video Interviewing and Similar Automated Hiring Tools?

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