We regularly offer legal perspectives on current topics in business, ranging from product liability, bankruptcy, dispute resolution, consumer and business practices, labor & employment, entertainment and sports and intellectual property.
As COVID-19 variants cause an upward trend in the pandemic, public health officials in some circles have renewed calls for businesses to require vaccinations for employees returning to the workplace. While questions remain about how such requirements would be enforced — some of which we addressed last fall — the latest guidance from the Equal […]
The Occupational Safety and Health Administration (OSHA) released the long-expected Emergency Temporary Standard (ETS) for COVID-19, requested by President Biden as part of his COVID-19 response strategy. Surprisingly, the standard includes only healthcare workers in the new workplace safety rules. While protecting healthcare workers from COVID-19 is crucial, the ETS does not extend to other […]
The latest Department of Labor (DOL) move, in keeping with the policy goals of the Biden administration, is withdrawal of the January 2021 rule that determined whether a worker was classified as an independent contractor under the Fair Labor Standards Act (FLSA). The withdrawn rule allowed employers to classify workers as independent contractors more easily […]
In March, the National Labor Relations Board (NLRB) considered the lawfulness of arbitration agreements that require employees to maintain the confidentiality of arbitration proceedings. Since such proceedings may contain unflattering information, both employers and employees may favor keeping them private. But that could restrict an employee’s freedom to discuss workplace matters in violation of Section […]
The COVID-19 pandemic continues to evolve, with cases declining in some areas as vaccinations become more available. However, the U.S. is far from the goal of “herd immunity” and access to vaccines still eludes many Americans. Still, some state officials believe that the progress warrants a lift of restrictions on face masks, capacity, and other […]
The Biden administration wasted no time in announcing its plan to control the COVID-19 pandemic. On President Biden’s second day in office, he released a 200-page National Strategy for the COVID-19 Response and Pandemic Preparedness, a “roadmap to guide America out of the worst public health crisis in a century.” The strategy puts forth seven […]
The inauguration of Joe Biden this week as 45th president of the United States marks the beginning of a dramatic change in trajectory in employment law. While the previous administration has pursued a pro-employer agenda, Biden, who has said that he wants to be the most pro-union president in history, plans to take an aggressive […]
The new year finally is in sight and with it comes changes in employment law effective January 1, 2021. The number of new laws is fewer this year, since COVID-19 was the focus of many jurisdictions during 2020. But employers still are responsible for compliance with new legislation at both the federal and state level. […]
The news about the preliminary success of a COVID-19 vaccine brings hope that the pandemic will not last forever. While much remains to be done before a vaccine is ready for distribution, employers should decide now whether to mandate vaccinations in order for employees to return to the workplace. Mandatory vaccinations are not a new […]
When companies consider the subject of trade secrets, they are usually concerned with how to protect their own proprietary information. We have addressed how to protect trade secrets many times in this space, advising employers to have clear written policies that each employee must agree to via signature. Of course, state law and industry differences […]
