On November 10, 2021, the National Labor Relations Board’s (NLRB) general counsel (GC) published operations management memo 22-03 about the duty to bargain over issues related to the Occupational Safety and Health...
Employment Law Letter
The U.S. 6th Circuit Court of Appeals (whose rulings apply to all Ohio employers) barred two former employees from using stolen trade secrets for their new business but vacated the lower court’s judgment enforcing a...
In 2014, approximately 14% to 20% of the U.S. workforce consisted of independent contractors known as “gig workers.” In 2020, the number increased to approximately 35%. Some sources estimate that by 2023, nearly half the...
International borders have been closed for 18 months, U.S. embassies abroad have been operating at a limited capacity, and yet employers struggle to find and retain talent. Corporate immigration, including H-1Bs and...
The Alabama Department of Labor (ADOL) has issued an emergency rule to explain how employees can request an exemption from employers’ COVID-19 vaccine mandates. How we got here On November 5, 2021, Governor Kay Ivey...
Litigation opposing the Occupational Safety and Health Administration’s (OSHA) COVID-19 vaccine-or-test mandates for employers with at least 100 employees will continue for the immediate future. What do recent...
On November 4, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released its Emergency Temporary Standard (ETS) governing COVID-19 vaccinations and testing mandates. In brief, the ETS requires all...
Virginia’s recent elections produced a significant victory for the Republican party as Glenn Youngkin defeated former Governor Terry McAuliffe. Equally important, the GOP is poised to regain control of the Virginia House...
“Death by a thousand cuts.” That’s what microaggressions feel like to the affected individual. Read on to learn how to recognize and stop the indignities from happening in your workplace. What are microaggressions? Dr...
In early December 2021, a federal judge in Georgia issued a nationwide preliminary injunction halting the enforcement of a federal mandate that would obligate many federal contractors and subcontractors to require their...
Paris Wallace says he’s been an entrepreneur his whole life, and he’s passionate about lowering the barriers that keep others from the success he’s enjoyed. As CEO and cofounder of Ovia Health, a Boston-based family...
The U.S. District Court for the District of Massachusetts recently put an end to a bank employee’s age and race claims because she failed to prove the employer’s stated reason for her termination (i.e., misconduct...
From time to time in this newsletter, we have addressed how courts in Idaho view noncompete agreements. Given new case law, we believe it’s time for a refresher to update your understanding and remind you of issues to...
The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the summary dismissal of a sexual harassment discrimination lawsuit against a pipeline construction company and a...
Many remember when Hermey from the stop-motion animated children’s holiday show Rudolph the Red-Nosed Reindeer famously declared, “You can’t fire me, I quit.” Rather than be forced to be a toy-making elf, Hermey was...