October 3, 2022

Volume XII, Number 276

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September 30, 2022

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

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 Act violations.

NLRB Steps Up Use of Injunctive Relief

The National Labor Relations Board is increasing its pursuit of injunctions under Section 10(j) of the National Labor Relations Act to protect employees engaged in union organizing efforts. This reflects that the agency is adopting an aggressive stance when considering charges alleging retaliation against employees involved in union activity and will be taking strong action against employers.

D.C. Loosens Restrictions on Non-Competes

On July 12, the D.C. Council passed amendments to its near-universal ban on non-compete agreements. The amendments relax some of the tightest restrictions in the nation to bring the District of Columbia more in line with states’ efforts to limit non-competes.

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 208
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About this Author

George Carroll Whipple III, Epstein Becker Green, Workforce Management Lawyer, Hiring Matters Attorney
Member

GEORGE CARROLL WHIPPLE, III, is a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green. He hosts the firm's innovative weekly video program, Employment Law This Week.

Mr. Whipple:

  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws

  • ...
212-351-3773
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