August 8, 2022

Volume XII, Number 220


August 05, 2022

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#WorkforceWednesday: How the PRO Act Could Change Labor Law, NY HERO Act Safety Plans


Welcome to #WorkforceWednesday. This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.

How the PRO Act Could Change Labor Law

The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history. Attorney Steve Swirsky discusses the potential impact the PRO Act could have on employers. Beyond the PRO Act, Steve also looks at how Jennifer Abruzzo’s confirmation as NLRB general counsel could impact the agency’s litigation and enforcement agenda.

NY Employers: Are Your Safety Plans Ready?

Employers in New York now have just over one week to ensure workplace safety plans are in place. The recently passed NY HERO Act mandates that NY employers adopt airborne infection disease exposure prevention plans by August 5. Learn more about becoming compliant.

Other Highlights

CDC and Local Jurisdictions Change Course on Masks Indoors

The Centers for Disease Control and Prevention (CDC) announced yesterday that fully vaccinated individuals should begin wearing masks indoors again in locations with high COVID-19 transmission. The CDC announcement came after several local jurisdictions, including many in California, had reinstated recommendations that all individuals should wear masks indoors regardless of their vaccination status.

COVID-19’s Long-Term Legal and Policy Effects on Health Care Employers

The COVID-19 pandemic has resulted in a myriad of legal and policy changes to the health care industry. Since March 2019, numerous reactionary regulations, executive orders, administrative guidance, and more have been issued in response to the pandemic, making it difficult for providers, boards, and senior leadership to keep up. Read more about the noteworthy changes likely to have a widespread, permanent impact on health care employers.

Summer Streaming

“Playing the Job Market,” a MIT Technology Review podcast on how AI hiring tools pose risks to workforce equality. The podcast features attorney Nathaniel Glasser and contributions from attorney Adam Forman. Listen now


©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 209

About this Author

Steven M. Swirsky labor employment lawyer health care and life sciences attorney
Member of the Firm

STEVEN M. SWIRSKY is a Member of the Firm in the Labor and Employment and Health Care and Life Sciences practices, in the firm's New York office. He regularly represents employers in a wide range of industries, including retail, health care, manufacturing, banking and financial services, manufacturing, transportation and distribution, electronics and publishing. He frequently advises and represents United States subsidiaries and branches of Asian, European and other foreign-based companies.

Mr. Swirsky:

  • Advises employers on a full range of labor and...
George Carroll Whipple III, Epstein Becker Green, Workforce Management Lawyer, Hiring Matters Attorney

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

  • ...