It is cold and flu season, and COVID-19 remains an ongoing threat. Have you inoculated your workplace against claims of religious discrimination?...more
I Remember Something About This.
Remember back before COVID-19 arrived in the United States – can you remember that far back? Way back then, New Jersey passed amendments to the New Jersey WARN Act that would require...more
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big...more
A closely divided Supreme Court, a reversal of long-standing precedent, headline-grabbing litigation and an increased assertion of religious liberty rights by employees have thrust employers into an unprecedented and...more
Legislating Fairness: The National Movement Toward Legislation Regulating the Use of Noncompetes is part four of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes and Trade Secrets.”...more
Do you like superhero movies? If you’re like me, you eagerly await the premieres of the new Spiderman movie this week and the Dr. Strange movie next year, where our heroes are expected to delve into the problem of multiple...more
On Nov. 30, 2021, the Eastern District of Kentucky enjoined President Biden’s federal contractor vaccine mandate in Commonwealth of Kentucky v. Joseph R. Biden. Under Executive Order 14042, covered contract employees and...more
It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health...more
Florida Gov. Ron DeSantis signed a new law (the “Act”) designed to – as DeSantis put it – protect Floridians from losing their jobs due to COVID-19 vaccine mandates. Private employers of all sizes are prohibited from...more
The federal contractor vaccine mandate (Executive Order 14042), which we first reported on in September, apparently will be delayed. Facing industry resistance, multiple lawsuits, and vaccination and accommodation assessment...more
On Friday, Sept. 24, 2021, the Safer Federal Workforce Task Force published its new guidance pursuant to the president’s recent executive order directing that all federal contractors’ employees be vaccinated. The detailed...more
With much fanfare, on Sept. 9, 2021, President Joe Biden announced, among other wide-ranging proposed requirements for employers generally, a COVID-19 vaccine mandate for federal employees and certain government contractors....more
As we reported here last month, on Dec. 15, 2020, a unanimous District of Columbia City Council approved a broad ban on noncompete agreements and “moonlighting” policies that would be among the most restrictive in the nation....more
On Dec. 15, 2020, a unanimous District of Columbia City Council approved a broad ban on noncompete agreements and “moonlighting” policies that would be among the most restrictive in the nation. Since adoption of the Defend...more
Q: What is the WARN Act? A: It is the federal Workers’ Adjustment and Retraining Notification Act, which requires, under certain circumstances, that employees receive 60 days’ advance notice of their termination and that...more
Probationary periods are a tool long used to test the viability of job candidates. They can provide a window into an employee’s suitability and qualifications for a position. In an economy that continues to have high...more
In a move that has surprised many, but not all, National Labor Relations Board (NLRB)-watchers and collegiate football fans, Chicago-area NLRB regional director Peter Sung Ohr has determined that Northwestern University...more
In a move that has surprised many, but not all, NLRB-watchers and collegiate football fans, Chicago-area NLRB Regional Director Peter Sung Ohr has determined that Northwestern University football players who receive...more