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Protecting Trade Secrets in the Age of Social Media

Living without social media seems unimaginable. But its ubiquity also raises the question: how do we live with it, especially when it comes to proprietary business information? As the pandemic forced many employers to embrace telecommuting as a way of life, they faced the challenges of using social media without risking exposure of their intellectual […]

OSHA Directed to Develop Emergency Temporary Standard for Vaccine Mandate

As part of his Path Out of the Pandemic, President Biden announced a requirement for all employers with 100 or more employees to mandate that their workers are fully vaccinated or receive a negative COVID-19 test weekly before coming to work. The order is in addition to a stipulation that most federal workers and contractors […]

Biden Executive Order Fosters Fair Marketplace

In July, President Joe Biden signed an Executive Order on Promoting Competition in the American Economy, including 72 initiatives intended to lower prices, increase wages, and promote innovation and economic growth. One of the initiatives asks the Federal Trade Commission (FTC) to curtail the use of non-compete and no-poach agreements that, according to the Order, […]

Two Amys, One Strategy: Female Litigation Duo Use Technology, Trial Theme to Vindicate Client Undercut in Breach of Contract Suit

Law.Com – July 20, 2021 A software company claiming to be swindled out of $5.6 million in what attorneys are calling the largest construction industry software implementation project of its kind, triumphed in a doomed quest to recover compensation. And its women-run litigation team say it’s all thanks to their tech-savvy creativity that rescued the […]

EEOC’s Latest Guidance on Employer Vaccination Policies

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 […]

OSHA Issues Emergency Temporary Standard and Updates Workplace Guidance

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 […]

Department of Labor Withdraws Trump-Era Independent Contractor Rule

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 […]

NLRB Upholds Arbitration Agreement Confidentiality

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 […]

Maintaining Workplace Safety as States Lift COVID-19 Restrictions

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 […]

What Employers Should Expect From President Biden’s COVID-19 Response Strategy

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 […]