EEOC Issues Long-Awaited Return to Work Guidance
May 29, 2021
The Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Technical Assistance. In its long-awaited return to work guidance for employers, EEOC answered the following employer questions:
- Employers can offer incentives to encourage employees to get the COVID-19 vaccine. The federal EEO laws do not limit employers’ ability to offer incentives to employees who are vaccinated on their own by a third party provider. However, if the employer is administering the vaccination, the incentives must not be coercive.
- Employers can require all workers physically entering a workplace to be vaccinated so long as they comply with the reasonable accommodation requirements of Title VII and the ADA.
- Employers can ask employees if they have been vaccinated and require documentation or other confirmation of vaccination, but the ADA requires that employers keep vaccination information confidential.
- Employers can require employees who are not vaccinated to wear a face mask upon entering the workplace and work at a social distance from coworkers or non-employees so long as they comply with the reasonable accommodation provisions.
FortneyScott will be discussing the EEOC’s guidance on the next episode of the DC Insider - Employer Update Podcast. Reach out to any FortneyScott attorney on what this new guidance means for employers.
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On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.
DOL released its final OT Rules which will become effective July 1, 2024.
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On March 29, 2024, the Office of Management and Budget published revisions to federal data that covered entities must collect on race and ethnicity.
On January 29, 2024, on the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act, the Biden Administration announced a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. The proposal was published in the Federal Register on January 30, 2024 and comments were due on April 1, 2024.
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Join our skilled presenters as they discuss the actions of the DOL (Wage & Hour; OFCCP; OSHA), the NLRB, and recent Court arguments confronting the Chevron doctrine, with a focus on the impact on the workplace.
On January 30, 2024, the Biden Administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings.
On January 9, 2024, the Department of Labor’s Wage and Hour Administration (“W&H”) issued its long-awaited final regulation, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.”
