June 13, 2023
Jennifer A. Abruzzo, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”), has expanded her view that the requirement and enforcement of non-compete provisions in employment contracts and severance agreements generally violate the National Labor Relations Act (the “Act”). On May 30, 2023, the GC addressed a memorandum to all Regional Directors, Officers-in-Charge, and…
May 5, 2023
The National Labor Relations Board (“NLRB”) reversed a significant 2020 decision and revived its earlier decisions affording employees different treatment when engaging in abusive or offensive conduct in the course of protected Section 7 activities. Specifically, employers may be prohibited from addressing abusive or offensive conduct by an employee in the course of protected activities, even if…
February 2, 2023
In response to the COVID-19 pandemic, several temporary rules were enacted that govern employer-sponsored health plans. Some mandates, such as the requirement that health plans cover without cost-sharing COVID-19 diagnostic tests, apply for the duration of a designated “Public Health Emergency.” Others require group health plans to disregard, or toll, what is known as the “Outbreak Period” when…
January 25, 2023
Earlier this month, the Supreme Court received oral argument addressing the question of whether the National Labor Relations Act (“NLRA”) preempts a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute. In one of the most highly-anticipated labor cases before the Court in decades, the justices will decide Glacier Northwest, Inc. v.…
January 19, 2023
The Federal Trade Commission (the “FTC”) has been in the news lately regarding its proposed rule which would ban non-competes in a broad array of situations. In addition to its proposed rule, the FTC has recently issued a statement that it intends to vigorously enforce the Section 5's prohibition on unfair methods of competition. The FTC has recently taken legal action against three companies…
April 8, 2022
In 2018, Indiana legalized the sale and use of cannabis-derived CBD oil. Marijuana use, however, both recreational and medicinal, is still illegal in Indiana. While many of Indiana’s neighboring states are legalizing (1) marijuana for recreational and/or medicinal use; and/or (2) the sale and use of CBD oil, Indiana employers are faced with the following dilemma:
September 14, 2021
Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.” This plan requires, among other things: (1) private employers with more than 100 employees to mandate that their workers be vaccinated or undergo weekly testing; (2) federal employees and contractors to be vaccinated; and (3) vaccinations for workers in most…
May 27, 2020
Although it’s been some time since many children have physically attended school, the school year is officially coming to a close across the country. No more virtual classes, at-home learning and parent-led studies (at least for a little while). Kids and parents/caregivers alike may be happy to get a break from what has been a unique couple of months as schools and families adjusted to at-home…
April 30, 2020
On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…
April 2, 2020
The United States Department of Labor issued a temporary rule on April 1, 2020, related to the Families First Coronavirus Response Act. The new rule interprets the paid leave provisions of the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”). Below is a summary of highlights from the rule that provide new information or more detail on…
March 26, 2020
Flexibility for In-Person Verification
The Department of Homeland Security has announced that it will relax its compliance rules for Initial Employee Eligibility Verification (Form I-9) for employers who are operating remotely in keeping with the restrictions being put in place to help slow the spread of COVID-19 and the encouragement to work remotely.
The accommodations from DHS relax the…
March 20, 2020
On March 18, 2020, the Families First Coronavirus Act (H.R. 6201) (the “Act”) was signed into law. The Act provides a broad range of economic relief for both businesses and families -- it expands the Family and Medical Leave Act (“FMLA”), requires paid sick leave, and offers dollar for dollar tax credits for employers to recoup costs related to paid leave under the Act through the end of 2020.…
June 13, 2023
Jennifer A. Abruzzo, the General Counsel (“GC”) of the National Labor Relations Board (“NLRB”), has expanded her view that the requirement and enforcement of non-compete provisions in employment contracts and severance agreements generally violate the National Labor Relations Act (the “Act”). On May 30, 2023, the GC addressed a memorandum to all Regional Directors, Officers-in-Charge, and…
May 5, 2023
The National Labor Relations Board (“NLRB”) reversed a significant 2020 decision and revived its earlier decisions affording employees different treatment when engaging in abusive or offensive conduct in the course of protected Section 7 activities. Specifically, employers may be prohibited from addressing abusive or offensive conduct by an employee in the course of protected activities, even if…
February 2, 2023
In response to the COVID-19 pandemic, several temporary rules were enacted that govern employer-sponsored health plans. Some mandates, such as the requirement that health plans cover without cost-sharing COVID-19 diagnostic tests, apply for the duration of a designated “Public Health Emergency.” Others require group health plans to disregard, or toll, what is known as the “Outbreak Period” when…
January 25, 2023
Earlier this month, the Supreme Court received oral argument addressing the question of whether the National Labor Relations Act (“NLRA”) preempts a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute. In one of the most highly-anticipated labor cases before the Court in decades, the justices will decide Glacier Northwest, Inc. v.…
January 19, 2023
The Federal Trade Commission (the “FTC”) has been in the news lately regarding its proposed rule which would ban non-competes in a broad array of situations. In addition to its proposed rule, the FTC has recently issued a statement that it intends to vigorously enforce the Section 5's prohibition on unfair methods of competition. The FTC has recently taken legal action against three companies…
April 8, 2022
In 2018, Indiana legalized the sale and use of cannabis-derived CBD oil. Marijuana use, however, both recreational and medicinal, is still illegal in Indiana. While many of Indiana’s neighboring states are legalizing (1) marijuana for recreational and/or medicinal use; and/or (2) the sale and use of CBD oil, Indiana employers are faced with the following dilemma:
September 14, 2021
Last week President Biden took employers by storm and released a six-pronged, national strategy called the “Path Out of the Pandemic.” This plan requires, among other things: (1) private employers with more than 100 employees to mandate that their workers be vaccinated or undergo weekly testing; (2) federal employees and contractors to be vaccinated; and (3) vaccinations for workers in most…
May 27, 2020
Although it’s been some time since many children have physically attended school, the school year is officially coming to a close across the country. No more virtual classes, at-home learning and parent-led studies (at least for a little while). Kids and parents/caregivers alike may be happy to get a break from what has been a unique couple of months as schools and families adjusted to at-home…
April 30, 2020
On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…
April 2, 2020
The United States Department of Labor issued a temporary rule on April 1, 2020, related to the Families First Coronavirus Response Act. The new rule interprets the paid leave provisions of the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”). Below is a summary of highlights from the rule that provide new information or more detail on…
March 26, 2020
Flexibility for In-Person Verification
The Department of Homeland Security has announced that it will relax its compliance rules for Initial Employee Eligibility Verification (Form I-9) for employers who are operating remotely in keeping with the restrictions being put in place to help slow the spread of COVID-19 and the encouragement to work remotely.
The accommodations from DHS relax the…
March 20, 2020
On March 18, 2020, the Families First Coronavirus Act (H.R. 6201) (the “Act”) was signed into law. The Act provides a broad range of economic relief for both businesses and families -- it expands the Family and Medical Leave Act (“FMLA”), requires paid sick leave, and offers dollar for dollar tax credits for employers to recoup costs related to paid leave under the Act through the end of 2020.…
