On April 23, the Federal Trade Commission (FTC) voted 3-2 to approve a Final Rule (the Final Rule) that, if allowed to take effect, would ban nearly all non-competes with employees and other workers and substantially change...more
The National Labor Relations Board (NLRB) issued a recent decision that impacts the use of non-disparagement and confidentiality clauses in employee agreements. In the McLaren Macomb decision, the NLRB concluded that...more
3/16/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements
On January 5, the Federal Trade Commission (FTC) promulgated a proposed rule that would effectively ban all non-competes with employees and other workers (Proposed Rule). If adopted in its current form, the Proposed Rule...more
Employers in New York should be aware of the following key legal requirements and employee protections coming into effect in 2022:
Workplace Vaccine Mandate: All workers in New York City who perform in-person work or...more
On January 13, the US Supreme Court reinstated the stay of the Occupational Safety and Health Administration's (OSHA) Emergency Temporary Standard mandating that employers with 100+ employees require COVID-19 vaccination...more
1/17/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 17, the United States Court of Appeals for the Sixth Circuit, which was tasked with adjudicating nationwide lawsuits challenging the Occupational Safety and Health Administration's (OSHA) rule mandating employers...more
As stated in the Employment Litigation and Counseling Advisory, Q&A – A Closer Look at OSHA’s Vaccination Requirement for Employers With 100+ Employees, on November 6, the United States Court of Appeals for the Fifth Circuit...more
11/23/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 4, the US Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) released an emergency rule (the OSHA Rule) that will obligate all employers with 100 or more employees to require their...more
11/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In this time of uncertainty, employers face new challenges in the areas of workplace safety, regulating employee conduct, implementing new forms of work, administering employee leaves of absence, and controlling costs through...more