Nelson Mullins is continuously monitoring trends and state law changes regarding restrictive covenants in employment agreements. Several states have recently enacted or modified legislation that may significantly restrict an...more
6/30/2022
/ Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
New Legislation ,
Non-Compete Agreements ,
Pending Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws ,
Wage and Hour
Please join the Nelson Mullins Employment and Labor Group for a webinar on mediation best practices, featuring Steve Dunn of Miles Mediation. In a roundtable-style discussion, the panelists, including Steve Dunn, Erika Birg,...more
On March 24, 2022, Washington Governor Jay Inslee signed into law ESHB 1795, which generally prohibits nondisclosure and nondisparagement provisions in agreements between employers and employees. The law, which applies to...more
On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445). President Biden is expected to sign the bill into law shortly. ...more
2/14/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Corporate Culture ,
Employment Contract ,
Federal Arbitration Act ,
Hostile Environment ,
Labor Regulations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
A recent decision by the Massachusetts Supreme Judicial Court (the “SJC”) significantly expanded the Massachusetts common-law public policy exception to termination of at-will employees. This decision, Meehan v. Med. Info....more
2/4/2022
/ At-Will Employment ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Regulations ,
MA Supreme Judicial Court ,
Performance Reviews ,
Personnel Records ,
Public Policy ,
Statutory Rights ,
Wrongful Termination
On January 13, 2022, the U.S. Supreme Court blocked OSHA’s “vaccine or test” Emergency Temporary Standard (“ETS”) mandate in a split 6-3 decision. Without the ETS, employers are not required to mandate vaccinations, but...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
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
In a December 13, 2021 decision, the Massachusetts Supreme Judicial Court adopted a standard heretofore applied in federal court for determining joint employer status. In Jinks v. Credico (USA) LLC, four plaintiff employees...more
1/12/2022
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Labor Law Violations ,
Labor Regulations ,
Sua Sponte ,
Summary Judgment ,
Wage and Hour
A divided three-judge panel of the U.S. Court of Appeals for the 6th Circuit dissolved the 5th Circuit Court of Appeal’s stay of OSHA’s Emergency Temporary Standard (“ETS”) with respect to COVID-19 on Dec. 17, effectively...more
Last week, the EEOC released updated guidance on how employers should manage employees’ religious objections to COVID-19 vaccine requirements. In light of this update, employers should take careful note to revise their...more
Please join Nelson Mullins attorneys Mitch Boyarsky, Ann Murray, Robert Sheridan, and Phil Strach for a one-hour presentation, "Employer's Legal Consideration for Vaccine Mandate in the Workplace." We hope you can join us!...more
President Biden on July 9 signed a sweeping Executive Order targeting issues of competition for American businesses by directing several federal agencies – including the Federal Trade Commission (FTC) in conjunction with the...more
We recently provided analysis and practical guidance on mandatory vaccination policies, accommodations, and other considerations for employers as vaccines roll out across the country. The U.S. Equal Employment Opportunity...more
With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel...more
Note: This bulletin concerns recently approved emergency COVID-19 regulations in California. Employers that employ workers in California should check for updates on the state’s efforts to enforce compliance or interpret these...more
School might be out for summer, but updated guidance from the Department of Labor (“DOL”) indicates that the closure of summer camps may entitle eligible employees to leave under the Families First Corona Response Act...more
In addressing the protections for “workers at higher risk,” the U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act,...more
When challenging a non-compete agreement in Massachusetts, practitioners should consider: (1) what, if any, effect the Massachusetts Noncompetition Agreement Act (“MNCA”) has on the agreement and (2) whether the material...more
New Jersey Governor Phil Murphy signed Senate Bill 3170 into law, making several critical changes to New Jersey’s WARN Act, also known as the Millville-Dallas Airmotive Plant Job Loss Notification Act....more
On Tuesday, April 21, 2020, the Senate approved $310 billion in additional funding for the Payroll Protection Program (the “PPP”). This increases the PPP’s original funding cap, which ran out last week. The House is expected...more
A Guide For Employers: Summary of Department of Labor Temporary Regulations - The United States Department of Labor (“DOL”) released temporary regulations (“regulations” or “guidance”) interpreting the Families First...more
Note: This alert concerns legislation and related agency guidance issued in the last several days regarding urgent government financial assistance relating to the COVID-19 pandemic.
On March 27, 2020, Congress Enacted the...more
On March 19, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued updated guidance materials on employers’ compliance requirements with the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act...more
On March 18, 2020, President Trump signed H.R. 6201, the Families First Coronavirus Response Act (Families First Act). ...more
Please join Nelson Mullins attorneys Mitch Boyarsky, Ann Murray, Robert Sheridan, and Roy Wyman for a webinar covering the implications that coronavirus has on employment, employee benefits, and data privacy in the workplace....more
3/13/2020
/ Coronavirus/COVID-19 ,
Data Privacy ,
Employer Group Health Plans ,
Employment Policies ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Remote Working ,
Retirement Plan ,
Sick Leave ,
Wage and Hour ,
Webinars ,
Workplace Safety
Background -
Last week, the United States Federal Court for the District of Massachusetts granted Defendant food delivery company DoorDash’s motion to compel arbitration in a case brought by employee and food delivery...more