Employment Law This Week® – Episode 235 – #WorkforceWednesday​​​: November 24, 2021

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for in 2022. Sixth Circuit Prepares to…

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This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for in 2022.

Sixth Circuit Prepares to Review OSHA Vaccine ETS

Last week, the Sixth Circuit was selected by lottery to hear the consolidated legal challenge to the Biden administration’s OSHA “vaccine or test” mandate for large employers. Prior to the lottery, OSHA was enjoined by the Fifth Circuit from enforcing the mandate. While OSHA has announced that it is suspending enforcement for the time being, the deadlines for compliance, December 5 and January 4, remain in effect. Read more – https://www.workforcebulletin.com/2021/11/15/circuit-court-stays-enforcement-of-oshas-emergency-temporary-standard-and-osha-complies-more-developments-anticipated-this-week/

Federal Agencies Join Forces Against Retaliation

Federal agencies—the Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission—are launching a joint initiative to investigate unlawful conduct by employers and raise awareness around workplace retaliation. Learn more – https://www.workforcebulletin.com/2021/11/17/joint-initiative-of-ending-retaliation-and-promoting-workers-rights-promises-more-aggressive-enforcement-of-federal-anti-retaliation-laws/

New York Increases Protections for Employees

Starting January 26, 2022, New York will expand whistleblowing protections for employers beyond health care fraud and public health and safety concerns, in order to combat retaliation. Click here for more about the amendment – https://www.ebglaw.com/insights/whistleblower-protections-for-employees-expand-in-new-york/

Also, effective May 2022, New York employers will need to notify employees with written notice when monitoring their phone calls, emails, or internet use. As employers update their handbooks and policies, these new requirements should be implemented.

Other Highlights

COVID-19 WORKFORCE (re)sources

Click here to see what state and local governments have done to address the COVID-19 pandemic this week – https://www.ebglaw.com/government-resources-coronavirus-resource-center/

New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements
Insight
Jennifer Nutter, Nancy Gunzenhauser Popper, Vidaur Durazo & Kamil Gajda
https://www.ebglaw.com/insights/new-california-law-further-restricts-confidentiality-provisions-in-employment-settlement-and-separation-agreements/

New York City Regulates Workplace Artificial Intelligence Recruitment and Selection Tools
Workforce Bulletin
Adam S. Forman, Nathaniel M. Glasser, Matthew Savage Aibel, Alison E. Gabay & Kamil Gajda
https://www.workforcebulletin.com/2021/11/18/new-york-city-regulates-workplace-artificial-intelligence-recruitment-and-selection-tools/

WORKFORCE (re)imagined.TM
Click here to find out how we can help with return-to-work or hybrid workforce issues – https://www.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​​​.

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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.

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