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Top Noncompete Developments of 2022

2022 was a relatively quiet year in terms of noncompete developments. However, both state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition and employee non-solicitation...more

OSHA Requires Employers with 100+ Employees to Ensure Their Employees Are Vaccinated or Submit to Weekly Testing

Today, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that their employees who report to a workplace are...more

OSHA Issues COVID-19 Emergency Temporary Standard for Certain Health Care Settings and Updates its Guidance for All Industries

On June 10, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) for health care workers in response to the COVID-19 pandemic and also updated its guidance for...more

OSHA Defers to CDC Mask Guidance for Vaccinated Workers

On Monday, May 17, 2021, the federal Occupational Safety and Health Administration (OSHA) updated its website to reflect that employers should refer to recent guidance from the Centers for Disease Control and Prevention (CDC)...more

New Federal OSHA COVID-19 National Emphasis Program and Enforcement Response Plan Targets Industries and Activities for Inspection

On March 12, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released a new National Emphasis Program (NEP) designed to “significantly reduce or eliminate worker exposures to [COVID-19]” by targeting...more

Preview of Things to Come? Lawsuit Challenges Employer COVID-19 Vaccine Mandate

Access to COVID-19 vaccines continues to expand in the United States and employers are navigating many questions surrounding employee vaccination and return to work. Current polling shows a substantial number of American...more

The Impact of COVID-19-Related Factors on Courts’ Enforcement of Employee Post-Employment Restrictive Covenants

In the best of economic times, some courts can be reluctant to grant immediate injunctive relief and enjoin an employee from working in order to enforce employee post-employment restrictive covenants. Now that we are in the...more

Tenth Circuit Ruling Shows Bostock’s Impact on Title VII Employment Litigation

In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment...more

OSHA Updates Its COVID-19 Recordkeeping Guidance, Giving Employers Helpful Guardrails

COVID-19 has reached virtually the entire country, and both employers and employees in a broad range of industries have experienced outbreaks. At the same time, the government and private sector continue to take steps to slow...more

Seventh Circuit: BIPA Claims Can Be Heard in Federal Court

Class action litigation under the Illinois Biometric Information Privacy Act (BIPA) has exploded over the last several years. An ongoing issue has been the proper forum for such cases, namely whether there is constitutional,...more

Top 10 Noncompete Developments of 2019

If there was any question about whether there is a growing national trend to limit the enforceability of noncompetition agreements, 2019 settled the matter. Seven states enacted new statutes designed to limit the...more

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