Under Louisiana law, noncompetition agreements may limit competition only as to business similar to that of the former employer. The provision in Advanced Medical Rehab, L.L.C. v. Manton, the court found, violated La. R.S. 23:921 as it prohibited Manton from employment in the practice of marketing for any business, not
Archives for March 18, 2022
OSHA Announces Highly Focused Healthcare Facility Inspection Plan
The Occupational Safety and Health Administration (OSHA) recently announced in a memorandum it will proceed with a highly focused, short-term initiative directed at general medical and surgical hospitals, psychiatric and substance abuse hospitals, and skilled nursing and assisted living facilities that provide care to or handle COVID-19 patients.
California Fair Employment & Housing Council Proposes Sweeping Regulation of Automated Decision-making and Artificial Intelligence in Employment
On March 15, 2022, the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that would dramatically expand the liability exposure and obligations of employers and third-party vendors that use, sell, or administer employment-screening tools or services that embody artificial intelligence, machine learning,
Beltway Buzz, March 18, 2022
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
New York Enacts Series of Bills Focusing on Workplace Discrimination and Harassment
On March 16, 2022, New York Governor Kathy Hochul signed a series of bills into law designed at combatting harassment and discrimination in the workplace. The governor has made addressing sexual harassment in the workplace part of her “Equity Agenda,” (which is part of the 2022 State of the State)
Challenges to California’s Board Diversity Statutes
Building on board gender diversity requirements, California passed Assembly Bill (AB) 979 in 2020. This statute requires publicly held corporations headquartered in California to diversify their boards of directors with directors from “underrepresented communities,” specifically those individuals who self-identify as Black, African American, Hispanic, Latino, Asian, Pacific Islander, Native American,
FY 2023 Cap H-1B Registration Process and New Attestation
As the cap H-1B registration process for fiscal year (FY) 2023 closes, and the lottery is about to begin, this might be a good time to look back at the results of the cap registrations from past fiscal years.
In FY 2020, 274,237 H-1B registrations were filed and 124,415 were
This Is Not How You Assess Cultural Fit
I’ll tell you the truth: I’m tired of cultural fit. It seems to have evolved into this “let’s get around discrimination laws” thing. Yeah, I know some of it is valid. If everyone else in the company adores working in the office, hiring someone who hates the office makes no
Visa Processing Options for Ukrainian Nationals
On March 2, 2022, the U.S. Department of State added Ukraine to the Homeless Nationalities list. The Department of State defines a homeless visa applicant as someone who is “a national of a country in which the United States has no consular representation or in which the political or security
Wisconsin Supreme Court Overturns Exception for Domestic Violence Crimes Under ‘Substantially Related’ Defense to Discrimination Claims
On March 10, 2022, the Wisconsin Supreme Court released its decision in Cree, Inc. v. Labor and Industry Review Commission, which provides significant clarity for employers evaluating whether a domestic-related crime of an employee or applicant is substantially related to a job and thus a lawful reason for discharging or
DHS Grants Temporary Protected Status to Afghan Nationals
On March 16, 2022, the U.S. Department of Homeland Security (DHS) announced the designation of Temporary Protected Status (TPS) for Afghan nationals for eighteen months. Under the designation, TPS will apply to nationals of Afghanistan who have continuously resided in the United States since March 15, 2022. The TPS designation
Cyber Incident, Ransom Payment Reporting to DHS Mandatory for Critical Infrastructure Entities
Included within the Consolidated Appropriations Act, 2022, signed by President Joe Biden on March 15, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (Act) creates new data breach reporting requirements. This new mandate furthers the federal government’s efforts to improve the nation’s cybersecurity, spurred at least in part