On July 9, 2021, President Biden issued an executive order on “Promoting Competition in the American Economy.” The order directs more than a dozen federal agencies to address a wide range of competition-related issues. One such issue is non-compete covenants with employees.
EEOC Guidance on Mandating and Incentivizing Vaccines
Mandating and incentivizing vaccines remains a complicated and controversial topic. Nexsen Pruet’s Bridget Blinn-Spears breaks down what the new EEOC guidance means for businesses and employees.
Guidance For When an Employee Refuses Vaccination [Video]
Many employers are looking to update their safety and vaccination policies. Employment attorney Tommy Postek discusses what to do if an employee refuses to get vaccinated.
David Dubberly Discusses Tips for Employers Providing Volunteer Time Off
Attorney David Dubberly, head of Nexsen Pruet’s employment and labor law practice group, spoke with LAW360 for their article “3 Wage-Hour Tips for Employers Providing Volunteer Time Off.“
Supreme Court Reinvigorates Property Rights of Employers
Union organizing often collides with an employer’s private property rights. In a decision issued this month, Cedar Point Nursery v. Hassid, the United States Supreme Court ruled in favor of the right to protect private property against intrusion by union organizers.
One-Time Bonus and Pay for Volunteer Time Off Properly Excluded From Overtime Pay Calculation, Per Fourth Circuit
In 2020, non-exempt, hourly employees of Lowe’s sued the home improvement retailer under the Fair Labor Standards Act (FLSA) for not including payment of a one-time bonus, and payment for time spent on charitable volunteer activities, in the “regular rate” used to calculate their overtime pay. The U.S. District Court for the Western District of North Carolina dismissed the suit. On June 17, 2021, the Fourth Circuit Court of Appeals affirmed dismissal, holding that the bonus and volunteer time pay were properly excluded from the calculation of overtime pay. McPhee v. Lowe’s Home Centers, LLC. The Fourth Circuit has jurisdiction over federal courts in the Carolinas, Maryland, Virginia, and West Virginia.
Guidance For When an Employee Refuses Vaccination
Many employers are looking to update their safety and vaccination policies. Employment attorney Tommy Postek discuss what to do if an employee refuses to get vaccinated.
VIDEO: EEOC Guidance on Mandating and Incentivizing Vaccines
Mandating and incentivizing vaccines remains a complicated and controversial topic. Nexsen Pruet’s Bridget Blinn-Spears breaks down what the new EEOC guidance means for businesses and employees.
OSHA Issues Emergency Rule for Healthcare Employers and Updates Guidance for Other Employers
On January 21, 2021, one day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to consider issuing a broad emergency temporary standard (ETS) on COVID-19 in the workplace. But because COVID-19 cases have decreased significantly since January, on June 10, 2021, OSHA issued an ETS applicable to healthcare employers only. For other employers, like those in manufacturing, construction, and retail, the agency simply updated its existing voluntary guidance.
U.S. Supreme Court Confirms Narrow Scope of Federal Computer Fraud Claim Often Used in Trade Secret Litigation
On June 3, the U.S. Supreme Court held that the federal Computer Fraud and Abuse Act (“CFAA”), a cybercrime statute providing civil claims against someone who “exceeds authorized access” to a computer system to obtain trade secrets or other information, does not apply to employees or others who steal information from computer systems to which they had legitimate, technical access. This ruling sharply curtails the CFAA’s effectiveness as a litigation option against employees who violate employers’ computer use policies or confidentiality restrictions to divert company information for themselves or a prospective competing employer.
A Spoonful of Sugar Helps the Medicine Go Down: EEOC Provides Much Anticipated Guidance Regarding Employee Vaccination Mandates and Incentives
On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued long-awaited updated guidance regarding employers’ ability to mandate and incentivize employee vaccination for COVID-19 under federal equal employment opportunity (EEO) laws. Adding information to existing Q&A guidance, and coordinating with the newly updated guidance from the Centers for Disease Control and Prevention (CDC), the EEOC update provides some clarity on previously vague agency positions. Importantly, the new guidance explicitly states that 1) employers can mandate vaccines without violating federal EEO laws, and 2) employers may provide incentives to employees who receive COVID-19 vaccinations.
Darra James Coleman Discusses OSHA Plans and Complaints
Nexsen Pruet attorney Dara James Coleman was quoted on OSHA plans and complaints in the Financial Planning article “Hold the line: Inside Wells Fargo’s pandemic response.”
Nexsen Pruet Ranked Highly in Chambers USA: America’s Leading Lawyers for Business for Another Year
Chambers USA: America’s Leading Lawyers for Business recognizes 9 Nexsen Pruet practice areas and 32 attorneys.
South Carolina Lightens COVID-19 Restrictions
Rescinding Mask Mandates, Masks in Schools, Prohibiting Vaccine Passports, Crowd Control, Curbside Sales of Beer and Wine, and More.
OSHA Backs New CDC Mask Recommendations … For Now, and Implications for Employer Policies
The day after his inauguration, President Biden signed an executive order directing the Occupational Safety and Health Administration (OSHA) to “consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021.” Though March 15 has passed, OSHA has reportedly been finalizing an emergency temporary COVID-19 standard that would require blanket use of masks at work, at least indoors.
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