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
Two federal agencies, the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor Wage and Hour Division (“WHD”), have entered a non-binding memorandum of understanding (“MOU”) to strengthen efforts in...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public health crisis since the 1918 influenza pandemic, the Centers for Medicare and Medicaid Services (“CMS”) has withdrawn its mandatory vaccination and testing...more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