On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule which purports to prohibit employers from entering into new non-compete agreements with any employee, including senior executives. The rule,...more
After nearly three years of navigating the most widespread public health crisis since the 1918 influenza pandemic, the Centers for Medicare and Medicaid Services (“CMS”) has withdrawn its mandatory vaccination and testing...more
Two federal agencies, the Federal Trade Commission (“FTC”) and the National Labor Relations Board (“NLRB”), are reshaping the labor industry with guidance aimed at protecting and expanding employee rights. On January 5, 2023,...more
On December 29, 2022, President Biden signed an omnibus spending bill which includes the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP), two new laws that...more
Since at least the onset of the COVID-19 pandemic in early 2020, healthcare employers nationwide have endured serious talent acquisition and retention challenges, forcing employers to consider different strategies to maintain...more
On April 25, 2022, Governor Henry McMaster signed bill H.3126 into law in an effort to signal the state’s continued opposition to any mandated COVID-19 vaccination requirement. The new law prohibits the state, political...more
On January 14, 2022, following our prior alert found here, CMS issued guidance containing new compliance deadlines for the vaccine mandate for those healthcare employers in the 24 states previously covered by injunctions....more
On Thursday, January 13, 2022, the U.S. Supreme Court upheld the CMS vaccine mandate for healthcare workers in a 5-4 per curiam opinion. The majority included Chief Justice Roberts and Justices Kavanaugh, Breyer, Sotomayor,...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
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 Wednesday, December 15, 2021, the Fifth Circuit Court of Appeals narrowed the scope of the Louisiana District Court’s ruling, which originally enjoined CMS’s vaccine mandate for health care workers in all 50 states. In...more
On Tuesday, November 30, 2021, the United States District Court for the Western District of Louisiana issued a preliminary injunction, enjoining the CMS vaccination mandate effective November 5, 2021. [1] This order marks the...more
12/2/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an extensive Interim Final Rule and Comment Period on the COVID-19 vaccination mandate for those healthcare providers receiving Medicare or...more
Over the last several weeks, employers, in tandem with their legal counsel, have been grappling in good faith with religious exemption requests pouring in following the imposition of COVID-19 vaccine mandates. The analysis...more
In the wake of the Biden administration’s announcements last week, including the release of its COVID-19 Action Plan, employers are scrambling to determine what federally-mandated COVID-19 vaccines and/or weekly COVID-19...more
President Biden’s executive order on “Promoting Competition in the American Economy” arguably could have little to no immediate--or even long term impact--on physicians in the healthcare industry, as physician non-compete...more
2021 Webinar Series: Life Sciences with Nexsen Pruet -
Nexsen Pruet's newest webinar series is focusing on Life Sciences companies in the Carolinas. These webinars will focus on various legal and regulatory issues that...more
5/5/2021
/ Confidential Information ,
Defense Strategies ,
Health Care Providers ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Life Sciences ,
Misappropriation ,
Pharmaceutical Industry ,
Physicians ,
Trade Secrets ,
Webinars
In April 2020, the Department of Labor (DOL) issued regulations excluding “Health Care Providers” from the reach of the Families First Coronavirus Response Act’s (FFCRA) leave entitlements, both as to expanded sick leave and...more
On Saturday, March 28, in advance of the April 1 effective date of the Families First Coronavirus Response Act (FFCRA), the Department of Labor provided the clarity sought by health care employers and small business in order...more
All private employers with a workforce of 100 or more who are subject to Title VII must now submit 2017 and 2018 pay data to the Equal Employment Opportunity Commission by September 30. The reinstatement results from a March...more
New NLRB Leadership -
The National Labor Relations Board (NLRB) is under new leadership and has begun returning the nation to a more balanced labor policy. The NLRB is responsible for enforcing the National Labor...more
On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all...more
Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013
Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more
2/18/2013
/ Background Checks ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Act ,
Consumer Reports ,
Criminal Background Checks ,
Dodd-Frank ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Negligent Hiring ,
Third-Party