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.
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 […]
As we anticipated, the Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 guidance, including a Technical Assistance Questions and Answers page that addresses specific questions regarding the Americans With Disabilities Act (ADA) and other laws that affect employers during the pandemic. The update consolidates information and guidance from a variety of sources. Here are […]
The Black Lives Matter (BLM) movement has attracted thousands of supporters in recent months. As sports returns to TV, we’re seeing players wearing shirts promoting this social justice cause, some even replacing player names with the names of victims of racial violence. But what happens when employees wear BLM shirts, masks, or other apparel to […]
In a decision considered a victory for religious employers, the U.S. Supreme Court gave religious organizations broader ability to hire and fire employees without violating federal anti-discrimination laws. In the 7-2 decision, the court expanded the “ministerial exception” that precludes courts from hearing disputes brought by employees who have vital religious responsibilities, an exemption based […]
In a landmark decision for LGBTQ employment rights, the Supreme Court has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, includes gay and transgender employees. The ruling, written by Justice Neil Gorsuch, settles differing decisions from lower courts that considered whether Title VII provided […]
