The rule was previously set to go into effect on September 4, 2024. It would have broadly banned the enforcement on non-compete clauses in employment agreements for nearly all employees nationwide and required employers to...more
Following an extended public comment period that began in January of 2023, the Federal Trade Commission (FTC) voted Tuesday, April 23 to implement a new rule that would effectively ban non-compete agreements nationwide,...more
Recently, Vermont Senator Bernie Sanders introduced proposed legislation that would reduce the standard workweek in the United States from 40 to 32 hours. The Bill, titled the “Thirty-Two Hour Workweek Act” (the Act), would...more
The start of a new year is always a good time to reevaluate the employee handbook to ensure it covers all the relevant legal and practical topics in the modern workplace. The following are 10 “Handbook Resolutions” for...more
1/26/2024
/ Artificial Intelligence ,
Breastfeeding ,
Department of Health and Human Services (HHS) ,
Diversity ,
Drug Testing ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Labor Relations ,
Marijuana ,
Misclassification ,
Pay Transparency ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Remote Working ,
Unions
The year 2023 represents a time of shifting attitudes toward the workplace and workforce, with the effects of the COVID-19 pandemic continuing to wax and wane, pro-employee movements taking place in high-profile industries,...more
In the 303 Creative LLC v. Elenis decision, the Supreme Court set back gains made by the LGBTQ+ community over the past decade. In a 6-3 decision, the nation’s highest Court answered a question about the balance of religious...more
On January 5, 2023, the Federal Trade Commission (FTC) followed up on President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements. The proposed rule, based on the proposition that...more
The law clerk experience is different at every law firm. Each one has its own personality and chooses to coordinate its program in a different way. Here at McGlinchey, we're extraordinarily proud of our law clerk program, and...more
The NFL designed the Rooney Rule in 2002 to increase the recruitment of ethnic minorities in coaching positions. But recently, former Miami Dolphins head coach, Brian Flores, filed a collective action lawsuit against the NFL...more
Fifth Circuit Provides New Guidance on Louisiana Non-Compete Agreements-
In a per curiam decision released on March 8, 2022, the U.S. Court of Appeals for the Fifth Circuit in New Orleans found that a non-compete agreement...more
In two per curiam opinions released Thursday afternoon, the Supreme Court released long-awaited guidance on two vaccine mandates issued by federal agencies.
The first, National Federation of Independent Business v....more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Supreme Court is currently considering the validity of two rules promulgated by federal agencies in the past months regarding vaccines and testing in the workplace. Whether those rules—OSHA’s Emergency Temporary Standard...more
1/13/2022
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Contractors ,
Federal Register ,
Good Faith ,
Healthcare Workers ,
Joe Biden ,
Masks ,
OSHA ,
Quarantine ,
SCOTUS ,
Vaccinations ,
Virus Testing
CDC shortens quarantine, isolation periods-
On December 27, the CDC issued new guidance on isolation and quarantine as cases of the Omicron variant soared nationwide over Christmas weekend. The two categories relate to...more
On December 17, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati dissolved the stay on enforcement of OSHA’s COVID-19 Emergency Temporary Standard (ETS), known colloquially as the vaccine mandate. The ETS was...more
The challenge to OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) that was pending before the U.S. Court of Appeals for the Fifth Circuit has been transferred. The Judicial Panel on Multidistrict...more