News & Analysis as of

Preemption Executive Orders

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Proskauer - Employee Benefits & Executive...

Sweeping Ban on Non-Compete Clauses Proposed by Federal Trade Commission

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more

Holland & Knight LLP

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

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Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more

Akin Gump Strauss Hauer & Feld LLP

Vaccination Mandate for Federal Contractors, which Applies in Most Higher Education Settings, Preempts Contrary State Laws for Now

President Biden’s Executive Order 14042 (EO 14042) requires covered federal contractor employees to be fully vaccinated against COVID-19 by January 18, 2022, if they are not entitled to an accommodation due to disability or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Florida Laws Restrict Workplace Vaccine Mandates and Begin State OSH Plan Process

On November 18, 2021, Governor Ron DeSantis signed into law measures that immediately prohibit workplace COVID-19 vaccine mandates for private and public employers and begin the process for Florida establishing a state...more

Latham & Watkins LLP

10 Employer Obligations Required by OSHA’s COVID-19 Vaccine-or-Test Mandate

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Employers with 100 or more employees may wish to begin preparing for the emergency temporary standard’s imminent deadlines, despite pending legal challenges. ...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

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Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

Eversheds Sutherland (US) LLP

OSHA announces emergency temporary standard on COVID-19 vaccination and testing

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced an “Emergency Temporary Standard” (ETS) on workplace safety and coronavirus. The ETS is in response to President Biden’s directive in...more

Parker Poe Adams & Bernstein LLP

Digging Into the Details of the New Federal Vaccinate-or-Test Requirement Impacting Many Workplaces

On November 4, the Department of Labor’s Occupational Safety and Health Administration released the details for its emergency temporary standard requiring all employers with 100 or more employees to develop, implement, and...more

Bricker Graydon LLP

Long-awaited Federal Vaccine Mandates Are Here!

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On September 9, 2021, President Biden announced a series of directives that would increase the number of vaccinated workers, in an effort to limit the spread of COVID-19 and its variants. Guidance applicable to federal...more

Blank Rome LLP

New Government Guidance Sets January 4, 2022, as Uniform Vaccination Deadline

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On November 4, 2021, the White House issued a fact sheet addressing its vaccination policies, including the government contractor mandate under EO 14042. Three key points stand out: (1) the compliance deadline for “full...more

Obermayer Rebmann Maxwell & Hippel LLP

Federal Government Issues Additional Guidance Related to COVID-19 Safety Protocol Compliance/Enforcement: Accommodations;...

If you’ve been following along, you know that we have been keeping you up to date on the various events surrounding the Government’s issuance of COVID Safety Protocols Guidance, and the related FAR Deviation Clauses, for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

WARNing - Burdensome New Jersey WARN Act Amendments May Soon Become Effective

There is light at the end of the pandemic tunnel for New Jersey employers, as the state’s COVID-19 numbers continue to decline and Governor Philip Murphy continues to ease restrictions on businesses. But this good news comes...more

Smith Anderson

“Masks Off” - Now What For Employers?

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On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) announced new guidance stating that masks and physical distancing were no longer necessary for fully vaccinated individuals in most settings.  The...more

Troutman Pepper

Oregon Banks and Trade Association File Declaratory Action Requesting Relief from State Legislation Alleged to be Retroactively...

Troutman Pepper on

On August 13, 2020, the Oregon Bankers Association (“OBA”) and three Oregon-chartered banks filed a Complaint for declaratory and injunctive relief against the State of Oregon, Oregon’s Attorney General, and the Director of...more

Butler Weihmuller Katz Craig LLP

Local Florida Governments have issued Orders suggesting COVID-19 caused property damage - Does This Matter For Insurance Policy...

Does this matter for Insurance Policy interpretation? Florida Governor Ron DeSantis issued an Executive Order declaring a state of emergency due to COVID-19.  Many Florida cities and counties have issued their own orders...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Shumaker Statement on South Carolina Attorney General Opinion

Friday, March 27th, the South Carolina Attorney General issued an opinion expressing the view that the Governor’s emergency powers pre-empt emergency orders issued by local governments during a pandemic emergency. The opinion...more

Farella Braun + Martel LLP

Is Your Business an “Essential Business”? Navigating California State and County COVID-19 Shelter-In-Place Orders

In light of the recent “Shelter-In-Place” orders issued by all nine Bay Area counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma, Solano, and Napa) and the subsequent “Stay-At-Home” order...more

WilmerHale

COVID 19 Connecticut Imposes On-site Workplace Restrictions and Issues Guidance for Exempted Essential Employers and Those Deemed...

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Connecticut Governor Ned Lamont issued two executive orders on Friday, March 20, and Sunday, March 22, that require businesses and not-for-profit entities to use telecommuting and work-from-home arrangements “to the maximum...more

Benesch

InterConnect FLASH! No. 70 - Recent Developments in a State Not California

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The significance and meaning of the midterm election results is obviously the subject of pervasive interest and intense debate, and the uncertainty of what comes next may be thrilling or terrifying, depending on one’s...more

Ballard Spahr LLP

State of Washington Executive Order May Be Preempted by FAA

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An Executive Order issued by Washington Governor Jay Inslee on June 12, 2018 seeks to rebuff the U.S. Supreme Court’s ruling in Epic Systems LLC v. Lewis, 138 S. Ct. 1612 (May 21, 2018)...more

Epstein Becker & Green

Benefits Litigation Update – Spring 2017

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Welcome to the Spring edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm Epstein Becker & Green. As a new Congress, and a new executive branch, work on major...more

Obermayer Rebmann Maxwell & Hippel LLP

Wage and Hour Update – Federal and Local Laws on the Chopping Block

During the Obama administration, federal agencies enacted wage and hour regulations that tended to favor employees, even while the federal minimum wage remained unchanged. State and local governments also played a role,...more

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