The United States will open its northern and southern land borders to fully vaccinated foreign nationals sometime in November 2021. When this happens, it will be the first time since March 2020 that these individuals will be able to enter the United States from Canada and Mexico for “non-essential” purposes,
Articles on U.S. Labor, Employment, Benefits & Immigration Law
Podcast: Enforceability of Physician Non-Compete Agreements
Including non-compete covenants in physician employment and shareholder agreements is common practice. Whether they are legally enforceable as drafted varies from state to state. In this podcast, Jackson Lewis attorneys explore how hospital systems and medical groups can protect their goodwill and legitimate business interests.
Potential Impact of Virtual and Augmented Reality in Manufacturing
Manufacturers are facing significant challenges that include the labor shortage and the skills gap and employers are not only struggling to fill vacancies, they are struggling to find workers with the necessary skills and training.
Department of Labor Responds to COVID-Related Medical Premium Discounts and Surcharges
Over the past few months, many employers have announced plans to encourage COVID-19 vaccination among their workforce by implementing either medical premium discounts for the vaccinated or surcharges for the unvaccinated.
$137 Million Verdict Illustrates Importance of Competent Anti-Harassment Policies
On October 4, 2021, a North California federal jury awarded a former Tesla subcontractor $137 million after finding that he had been subjected to a hostile work environment and that Tesla was responsible for the harm it caused.
OSHA Submits a Regulation to Implement President Biden’s Private Sector Vaccination Order
So, a few of my colleagues and I have been wagering how long it would take the federal Department of Labor’s OSHA folks to prepare an initial draft of a regulation to implement President Biden’s private sector vaccination order. I won. (I said it would be before October 15, 2021.)
DHS Secretary Orders Discontinuation of Mass Worksite Enforcement Operations
Secretary of the Department of Homeland Security (DHS) Alejandro N. Mayorkas has issued a policy directive to immediately discontinue mass worksite enforcement operations.
These involve large-scale law enforcement operations resulting in the arrest of hundreds of unauthorized workers. They were a significant part of the Trump Administration’s worksite enforcement strategy.
Plaintiff’s Employment Discrimination Civil Action Is Timely—Until It Is Not
A district judge for the U.S. District Court for the Eastern District of Virginia recently dismissed a case due to the plaintiff’s failure to file suit within the allotted time identified in the notice of right to sue (NRTS) that the U.S. Equal Employment Opportunity Commission (EEOC) issued. Moyer v.
State Department Cannot Stop Visa Adjudication Due to COVID-19 Travel Bans, Federal Judge Rules
The State Department cannot rely on presidential proclamations to refuse to adjudicate visas, Judge James E. Boasberg in the U.S. District Court for the D.C. District has held.
Judge Boasberg said nothing about what the State Department needs to do in line with its opinion, but established that the Administration’s
Top Five Labor Law Developments for September 2021
National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full Remedies (issued Sept. 8, 2021).
Prevention Against Physician Non-compete Agreements
Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of reasonableness — and there’s a growing trend to disallow these types of agreements completely.
Practical Strategies for Manufacturers Managing COVID-19 Testing, Vaccine Mandates
Manufacturing employers continue to feel the brunt of emerging and evolving trends related to the COVID-19 pandemic: workplace safety, labor shortages, absence management, remote technology, and employee retention — just to name a few. On the workplace safety front, mask mandates, testing protocols, and vaccine issues continue to make headlines, including President
University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit
As vaccination mandates continue to be a topic of discussion and discord in the workplace, the world of college athletics is not exempt from similar mandatory vaccine controversy.
The First Amendment rights of 16 student-athletes seeking a religious exemption as a basis to avoid compliance with Western Michigan University’s (WMU)
Beltway Buzz, October 8, 2021
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.
Producers of Creative Work Beware
The U.S. Court of Appeals for the Second Circuit recently held that the creator of The Friday the 13th screenplay could terminate his copyright grant to Horror Inc. (the producer of the movie franchise) and reclaim it. The horror show for employers is that if they do not assume
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