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Federal Court in Texas finds FTC Exceeded Its Authority With Noncompete Ban

On July 3, 2024, a federal judge in Texas issued a preliminary injunction barring the FTC from enforcing its proposed near-absolute national ban on non-competition agreements. The Rule was scheduled to take effect September...more

Pregnant Workers Fairness Act Places Pregnancy Restrictions on Par with Disabilities

After more than a decade’s worth of attempts, Congress has finally passed the Pregnant Workers Fairness Act (PWFA). The PWFA broke through the logjam as part of the must-pass $1.7 trillion government funding bill shepherded...more

OSHA Announces COVID-19 ETS Mandating Employee Vaccinations or Weekly Testing

As expected, OSHA has issued a new COVID-19 Emergency Temporary Standard (ETS), which goes into effect on November 5, 2021. The ETS requires most private sector employers with 100 or more employees to implement and enforce...more

COVID-19 Vaccination Policies: What Employers Need to Know

With several promising vaccinations for the COVID-19 virus scheduled to be released to the public over the next few months, many businesses have been wondering how they can speed up the return to some semblance of normalcy,...more

How the Pandemic-Driven Telework Experiment May Impact an Employer’s Duty to Accommodate

The questions of when or in what jobs telework will constitute a reasonable accommodation under the Americans with Disabilities Act (ADA) are not new ones. However, the data—the actual results of a widespread teleworking...more

COVID-19: EEOC Provides Additional Guidance on High-Risk Workers

In our May 19, 2020 alert, Plan Now for Bringing Back Your Workforce – Part IV, we detailed the EEOC's guidance on high-risk employees (i.e. employees with medical conditions that render them particularly vulnerable to...more

Q&A: Maine’s Pioneering Paid Leave Law

L.D. 369 was initially titled “An Act to Support Healthy Workplaces and Healthy Families by Providing Earned Paid Sick Leave to Certain Employees.” However, it was transformed during the amendment process into “An Act...more

Reassignment: The Often-Overlooked Accommodation Of Last Resort

What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of...more

Courts Continue To Grapple With Leave As A Reasonable Accommodation Under ADA

When is it safe to terminate an employee who has exhausted (or is ineligible for) Family Medical Leave Act (FMLA) leave, but who is unable to return to work? This question continues to confound employers, and has been the...more

Romulus v. CVS Pharmacy, Inc.: Meal Periods, Ascertainability, and the Importance of Removal

In Romulus v. CVS Pharmacy, Inc., five former Shift Supervisors brought a putative class action against CVS under the Massachusetts Wage Act, contending they were required to work through their unpaid breaks. Specifically,...more

Teach Appropriate Speech - Or risk liability for employees' derogatory on-line comments about customers

Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet - Howard v. Hertz -...more

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