On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade...more
In today’s Digital Era, where employee mobility is commonplace, businesses are more exposed than ever to trade secret theft by employees. As businesses move toward the complete digitization of information, lawyers involved in...more
6/26/2020
/ Bad Faith ,
Circumstantial Evidence ,
Contempt ,
Default Judgment ,
Defend Trade Secrets Act (DTSA) ,
Discovery ,
Evidence ,
Exclusions ,
Forensic Examination ,
Spoliation ,
Trade Secrets ,
Uniform Trade Secrets Acts
Many states strongly disfavor non-compete agreements, enforcing the narrowest of provisions and leaving employers in some jurisdictions with limited options for protecting their investments in intangible assets such as...more
On April 27, 2020, the US Department of Labor (DOL) issued Unemployment Insurance Program Letter No. 18-20 (the Guidance) to provide states with instructions on implementing the emergency unemployment relief provisions in...more
We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.
The US...more
On May 3, 2020, the SBA and the US Department of the Treasury released new guidance to assist businesses with calculating the forgiveness amount for Paycheck Protection Program (PPP) loans, with respect to employees who...more
The CARES Act provides another resource for federal contractors seeking to retain personnel, but actually obtaining the money requires circumspection and strategy.
Section 3610 of the Coronavirus Aid, Relief, and Economic...more
Earlier this month, the Occupational Safety and Health Administration (OSHA) issued two memoranda detailing the agency’s plan for conducting enforcement actions during the COVID-19 pandemic.
On April 13, OSHA released an...more
The U.S. Department of the Treasury and the Internal Revenue Service have published more information on refundable tax credits that reimburse small and mid-size employers, on a dollar-for-dollar basis, for the cost of...more
4/2/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Medical Leave ,
Paid Family Leave Law ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Tax Credits ,
U.S. Treasury ,
Wages
To address COVID-19’s rapid spread in Washington, DC and across the region and the nation, Mayor Muriel Bowser has issued a stay-at-home order for the District of Columbia. The Order, which goes into effect on April 1, 2020...more
Governor Ralph Northam, like his Maryland counterpart, today issued an Order that requires people in Virginia to remain at home. And, to the extent that they use shared spaces, whether indoors or out, the Order requires...more
Today, Governor Larry Hogan has taken his most aggressive measure yet to protect public safety and prevent COVID-19’s spread. Effective at 8:00 p.m., today, he has ordered everyone who resides in Maryland to remain at...more
On March 24th, the Department of Labor’s Wage and Hour Division issued its first round of guidance regarding the Families First Coronavirus Response Act.
The new guidance includes two new posters, one for federal workers...more
Yesterday, Virginia Governor Ralph Northam issued a state-wide order aimed at promoting health and safety and reducing COVID-19’s spread. The order, which goes into effect today at 11:59 p.m., bans all gatherings of more than...more
Yesterday, District of Columbia Mayor Muriel Bowser issued an order aimed at significantly slowing the community transmission of COVID-19. The order, which went into effect immediately, bans all gatherings of more than 10...more
With COVID-19 diagnosed in 21 of Maryland’s 24 counties and the disease’s death toll increasing, Maryland Governor Larry Hogan has issued another order designed to stem the virus’s spread. Effective at 5:00 on Monday evening,...more
The disruptions resulting from the novel coronavirus (COVID-19) pandemic present difficult questions for many employers who must decide whether to close offices, furlough employees, or layoff all or part of their workforce....more
Earlier this week, we published an Alert that reviews the EEOC’s recent guidance entitled What Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19. This Alert reviews the additional guidance that the...more
On March 18, DC Mayor Muriel Bowser signed into law the COVID-19 Response Emergency Amendment Act of 2020. The statute, which the City Council passed unanimously, contains two major workforce protections applicable to...more
The package was sent to the President’s desk after undergoing technical changes to paid medical leave and public health emergency medical leave provisions that will limit costs for small businesses. Employers with 500...more
3/20/2020
/ Coronavirus/COVID-19 ,
Cost-Sharing ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
FMAP ,
Health Insurance ,
Medicaid ,
Medicare ,
Paid Leave ,
Sick Leave ,
Tax Credits ,
TRICARE
Employers should be sure to consult their union contracts, individual employment agreements, government contracts, and local law for any apposite requirements or prohibitions.
Must employers grant FMLA leave to employees...more
Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal...more
With the World Health Organization declaring the coronavirus a worldwide pandemic and President Trump declaring a “National Emergency to Fight COVID-19,” it is imperative that employers understand the requirements of the OSH...more
On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.ny...more
Congressional leaders in Washington are halfway towards passing a second comprehensive spending package in response to the coronavirus outbreak. After several tense days of negotiations between Democrats in the House of...more
3/16/2020
/ Children's Health Insurance Program (CHIP) ,
Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Federal Funding ,
Health Insurance ,
Infectious Diseases ,
Medicaid ,
Medical Leave ,
Paid Leave ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Tax Credits ,
Trump Administration