Businesses are constantly challenged by the ever-evolving landscape of labor and employment law, with new legislation and judicial developments occurring almost daily fueling a seemingly never-ending stream of litigation. For companies operating in multiple states, complying with this patchwork of federal, state, and local laws and developments can be daunting. Knowing these issues are a top concern for management and in-house counsel, Morrison Foerster keeps pace with this rapidly evolving landscape. MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues covering key judicial, litigation and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Co-Chair, Global Employment and Labor Practice

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Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act.

Andrew Turnbull

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MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues, covering key judicial, litigation, and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits. To learn more about our capabilities, please visit the <a href="https://www.mofo.com/capabilities/employment-labor" target="_blank">Employment + Labor</a> practice page and read about our <a href="https://www.mofo.com/people?practices=Employment%20%2B%20Labor" target="_blank">Team</a>.

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DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

Fourth Circuit Stays Injunction of Trump DEI Executive Orders

President Trump Rescinds Affirmative Action for Federal Contractors and Requires Enforcement Plan to End Unlawful DEI at Private Companies

FAR Council Withdraws “Pay Equity and Transparency” Proposed Rule

The “Preventative Duty”: New Law Places Active Duty on Employers in the UK to Prevent Sexual Harassment in the Workplace

On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling that contractors have some flexibility to go beyond the rapidly-approaching December 8, 2021 deadline for covered employees to be fully vaccinated against COVID-19. The Task Force also encouraged federal agencies to work with contractors facing compliance challenges with EO 14042, as long as those contractors are working in “good faith” to comply with the Task Force guidance. Contractors that fail to make such good faith efforts towards compliance, however, might face “termination” of their covered contracts or other “significant actions.”To learn more, read the original blog post <a href="https://govcon.mofo.com/labor-employment/new-task-force-guidance-signals-some-flexibility-for-contractors/">here</a>.

Andrew co-chairs the firm’s Global Employment and Labor Group. He represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies.

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J. Alex Ward is co-chair of Morrison Foerster’s Government Contracts and Public Procurement group. 

J. Ward

Alex is co-chair of Morrison Foerster’s Government Contracts and Public Procurement practice. His practice covers a full range of government contracts matters, including bid protests, claims, investigations, corporate transactions, and counseling.

J. Alex Ward

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New Task Force Guidance Signals Some Flexibility For Contractors

New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities

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On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling t

New Task Force Guidance Signals Some Flexibility For Contractors

Please join us on October 14, 2021, as we discuss the latest developments on Biden's Executive Order 14042 in our upcoming webinar, "Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042," from 1:00 p.m. - 2:30 p.m. EDT. On September 24, 2021, the Safer Federal Workforce Task Force issued guidance on President Biden’s Executive Order 14042 (the “Order”), seeking to impose upon a broad swath of federal contractors and their employees various mandatory vaccine and related COVID-19 safety requirements. Contractors are now scrambling to deal with the fallout from the guidance. With the FAR Council slated to issue the FAR Clause on October 8, 2021, contractors are waiting to see whether the FAR Council will provide further limits or clarity on coverage and the requirements of the Order.Please visit the <a href="https://www.mofo.com/resources/events/211013-untangling-vaccine-mandate.html">webinar page</a> for more information on how to register.Starting on October 18, 2021, MoFo's Government Contracts group will be hosting its annual 'MoForward' event. Join MoFo's Andrew Turnbull and Sydney Cooper for their session on labor developments for federal contractors on October 19, 2021 at 1:00 p.m. EDT. The session will include discussion on the Biden Administration's key Labor and Employment developments so far, expected changes at the OFCCP in light of new leadership, the growing pressure for contractors and others to address pay equity and board diversity in their workplaces, and the trend of states (and possibly the federal government) in taking action to limit or ban the use of non-competes. For more information on MoForward, please click <a href="https://www.mofo.com/resources/events/211018-moforward-need-to-know.html">here</a>.

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Webinar: Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042

Webinar: Untangling the Vaccine Mandate: Practical Steps for Contractors to Navigate Executive Order 14042

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Please join us on October 14, 2021, as we discuss the latest developments on Biden's Executive Order 14042 in our upcoming webinar, "Untangling the Vaccine Mand

A split panel of the Ninth Circuit vacated in part a <a href="https://elc.mofo.com/topics/Federal_Court_Preliminarily_Enjoins_the_Attorney_General_from_Enforcing_AB_51.html">preliminary injunction</a> barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements.[1]  But the Ninth Circuit found that the penalties for violation of this provision are preempted by the Federal Arbitration Act (FAA), so the enforcement path remains unclear.How’d We Get Here?AB 51 adds California Labor Code section 432.6, which bars employers from mandating that an employee agree to an arbitration agreement as a condition of employment.  As we explained in our previous <a href="https://elc.mofo.com/topics/Federal_Court_Preliminarily_Enjoins_the_Attorney_General_from_Enforcing_AB_51.html">Commentary</a>, on February 2020, a federal district court ruled that the law is preempted by the FAA because it puts arbitration agreements on “unequal footing with other contracts,” had the impact of disfavoring arbitration contracts, and impeded the objective of the FAA.  The district court enjoined enforcement of AB 51, and the Attorney General appealed.What Did the Ninth Circuit Rule?On September 15, 2021, the Ninth Circuit reversed the district court’s ruling in part.  A divided panel found that AB 51 concerns “pre-agreement behavior,” which it concluded is not regulated by the FAA.  The majority further reasoned that the purpose of AB 51 is to ensure that arbitration agreements are consensual, which is consistent with the underpinnings of the FAA.At the same time, the majority affirmed the district court’s decision to the extent that it found the civil and criminal penalties for violating AB 51 are preempted by the FAA.  The majority found that these penalties are imposed on employers for entering into arbitration agreements, which is inconsistent with and preempted by the FAA.Judge Ikuta vehemently dissented, calling out AB 51 as only the latest anti-arbitration law passed by the California legislature that is preempted by the FAA.  Judge Ikuta rejected the majority’s attempt to set aside established Supreme Court precedent indicating that the FAA does apply to pre-arbitration conduct that interferes with arbitration agreement formation.  The Judge also explained that the majority’s focus on consensual agreements ignores well-established law that “a contract may be ‘consensual,’ as that term is used in contract law, even if one party accepts unfavorable terms due to unequal bargaining power.”[2]What Happens Next?We expect what happens next is what typically happens with arbitration laws—more appeals.  Judge Ikuta’s reference to the majority opinion’s creation of a circuit split and discussion of how the majority opinion is inconsistent with Supreme Court precedent will play into a request for rehearing en banc.  A petition for Supreme Court review may follow.  For now, the district court’s injunction is still in effect.We will continue to monitor the lawsuit and report on further developments. [1] Chamber of Commerce of the U.S. v. Becerra, No. 20-15291, __ F.4th __, 2021 WL 4187860 (9th Cir. Sept. 15, 2021).[2] Id. at *17.

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Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements

Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements

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A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitr

On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is limited to only certain types of contracts, the Task Force strongly encourages federal agencies to apply these requirements broadly to nearly all federal contracts entered into, modified, or extended on or after October 15, 2021. Covered contractors will face stringent COVID-19 requirements according to the Guidance.To learn more, <a href="https://www.mofo.com/resources/insights/270921-task-force-covid-19-protocols.html" target="_blank" rel="noopener">read our client alert</a>.

What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors

What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors

On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (th

On September 17, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued updated guidance (the “Guidance”) to federal agencies about COVID-19 safety protocols for employees of federal contractors and federal employees.  While the Guidance is mostly targeted at COVID-19 vaccine and testing requirements for federal employees, there were several new and updated FAQs relating to federal contractors working on government sites.This Guidance should not be confused with the guidelines that the Task Force will be issuing relating to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Contractors, dated September 9, 2021 (the “Executive Order”).  Those guidelines will be issued by September 24, 2021.The requirements in this Guidance, however, will likely inform many of the COVID-19 safety protocols that the Task Force will require under the Executive Order.  The Guidance includes the following requirements for contractor employees working at federal facilities:<ul><li>Agencies must have contractor employees complete a Certification of Vaccination Form (the “Certificate”), confirming whether they have been vaccinated, when they enter a “federal building or federally controlled indoor worksite.”  The Certificate states that false statements could result in fines or imprisonment under 18 U.S.C. 1001 and removal of those employees from their positions or from the federal contract.</li><li>Contractor employees must maintain a copy of their Certificate when at federal facilities in case they are asked to show proof of their vaccinated status.</li><li>If the employee has not been fully vaccinated or declines to provide his or her vaccination status, they must comply with all of the following COVID-19 safety protocols while in a federal facility: <ul><li>Wear a mask regardless of the level of community transmission;</li><li>Physically distance; and</li><li>Either: <ul><li>Provide proof of a negative COVID-19 test result from within the three-day period prior to entering a federal building or federally controlled indoor worksite; or</li><li>Undergo regular testing pursuant to an agency testing program.</li></ul></li></ul></li><li>Agencies will have discretion to determine what types of tests unvaccinated contractor employees can show to be admitted to a federal facility, provided that such test has been authorized by the FDA.</li></ul>It is also noteworthy that the Task Force is encouraging federal agencies to insert vaccination requirements into contracts, even if they are not covered by the Executive Order. The Task Force provides the following in response to an FAQ:Agencies are strongly encouraged to incorporate vaccination requirements into contracts that are not covered by Executive Order 14042, consistent with applicable law.  This might include, for example, incorporating vaccination requirements into contracts in advance of when they are otherwise required by the Executive Order or incorporating requirements into contracts that are not covered by the Executive Order, such as contracts under the Simplified Acquisition Threshold. Implementation of such additional requirements should generally follow the Safer Federal Workforce Task Force’s guidance for implementing the vaccination requirement in Executive Order 14042.It is unclear whether the Task Force is saying that federal agencies can incorporate the vaccine requirements for federal contractor employees working at federal facilities for all government contracts (even beyond those covered by the Executive Order) or whether the Task Force is urging federal agencies to apply the requirements of the Executive Order beyond the types of contracts that are covered by the language of the Executive Order.  As discussed in our prior alert, the language of the Executive Order appears to limit its requirements to only federal contractor employees who work on or in connection with the following types of contracts entered on or after October 15, 2021:<ul><li>Procurement contracts for services, construction, or a leasehold interest in real property</li><li>Contracts for services covered by the Service Contract Act, 41 U.S.C. 6701 et seq.;</li><li>Contracts for concessions, including any concessions contract excluded by Department of Labor regulations at 29 C.F.R. 4.133(b); and</li><li>Contracts entered into with the federal government in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public.</li></ul>Given the language in the Executive Order and the apparent focus of the Guidance on COVID-19 safety protocols for “onsite contractor employees,” it might be that the Task Force only intended to encourage agencies to incorporate into federal contracts and subcontracts vaccine requirements relating to contractor employees working on site rather than trying to expand coverage of the Executive Order. Unfortunately, the language in the FAQ is not clearly limited in that manner. We hope to have more clarity on this issue after the Task Force issues guidelines on the Executive Order.For now, federal contractors and subcontractors should consider this Guidance in light of their COVID-19 policies and practices for their employees working onsite at federal facilities.

New Guidance on COVID-19 Protocols for Contractor Employees at Federal Facilities

On September 17, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued updated guidance (the “Guidance”) to federal agencies about COVID-19 saf

On September 9, 2021, President Biden issued a six-pronged <a href="https://www.whitehouse.gov/covidplan/">Path Out of the Pandemic </a>(the “Plan”) and Executive Order on <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/09/executive-order-on-ensuring-adequate-covid-safety-protocols-for-federal-contractors/">Ensuring Adequate COVID Safety Protocols for Federal Contractors</a> (“EO”) that will require certain federal contractors and businesses with 100 or more employees to have their employees either fully vaccinated or subject to regular COVID-19 testing.  While the new requirements are expected to impact over 80 million workers in the private sector, the full details of these requirements remain to be seen.  The Plan directs the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) to issue an Emergency Temporary Standard (“ETS”) in the coming weeks to provide further details on the new requirements.  Similarly, the EO instructs the recently created Safer Federal Workforce Task Force (the “Task Force”) to issue guidance later this month detailing the requirements for federal contractors.  Expected CoverageThe Plan states that all businesses with 100 or more employees will be covered by OSHA’s ETS when issued.  While the ETS and EO will likely cover all employees who work onsite at a covered employer, it is unclear whether the requirements will extend to employees who work full-time from their home offices. The EO comes on the heels of the <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/29/fact-sheet-president-biden-to-announce-new-actions-to-get-more-americans-vaccinated-and-slow-the-spread-of-the-delta-variant/">presidential mandate</a> announced on July 29, 2021 (the “July Mandate”) for federal contractor employees, but goes a step further.  The July Mandate required all federal contractor employees who work at federal facilities to attest to their fully vaccinated status or face repeated testing and other COVID-19 safety protocols, such as strict masking and social distancing requirements.  The EO extends COVID-19 safety protocols to certain employees of federal contractors and subcontractors, regardless of whether they work at a federal facility.  The EO, however, will not apply to all employees of federal contractors and subcontractors.  Instead, it only applies to employees of federal contractors and subcontractors working on or in connection with the following types of federal contracts:<ul><li>Procurement contracts for services, construction, or a leasehold interest in real property;</li><li>Contracts for services covered by the Service Contract Act, 41 U.S.C. 6701 et seq.;</li><li>Contracts for concessions, including any concessions contract excluded by Department of Labor regulations at 29 C.F.R. 4.133(b); and</li><li>Contracts entered into with the federal government in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public.</li></ul>The EO expressly exempts the following types of contracts and workers:<ul><li>Federal grants;</li><li>Contracts or subcontracts that are at or below the simplified acquisition threshold, which is currently $250,000, subject to limited exceptions;</li><li>Subcontracts solely for the provision of products;</li><li>Contracts with Indian Tribes and the Indian Self-Determination and Education Assistance Act; and</li><li>Employees who perform work outside the United States or its outlying areas.</li></ul>The EO requires all executive departments and agencies to include a clause in each covered contract, modification, or renewal requiring the contractor for the duration of the contract to comply with guidance issued by the Task Force related to the contractor’s workforce.  The EO will require contractors to flow down this clause to all covered subcontracts at any tier.Anticipated RequirementsIt is anticipated that covered businesses will be required to have their employees either prove their fully vaccinated status or produce negative COVID-19 test results on at least a weekly basis before coming to work.  OSHA has also been instructed to require covered employers to provide paid time off for the time it takes employees to get vaccinated and recover if they are under the weather post-vaccination.  Employers in many healthcare settings that receive Medicare/Medicaid reimbursements will also be required to mandate COVID-19 vaccinations for their workers as a condition of those healthcare businesses receiving Medicare/Medicaid reimbursement.The EO is silent about the actual requirements for contractors and instead relies on the Task Force to provide the “definitions of relevant terms for contractors and subcontractors, explanations of protocols required of contractors and subcontractors to comply with workplace safety guidance, and any exceptions.”  Contractors, however, will likely be subject to similar vaccination or testing requirements that OSHA has been instructed to implement and requirements from the July Mandate for federal contractor employees working at federal facilities. Many of the details of these new requirements are still unknown, including:<ul><li>How employees will prove their vaccinated status or negative COVID-19 test results;</li><li>The confidentiality or privacy standards that will apply when collecting vaccination or testing information from employees;</li><li>Whether there will be any exemptions for employees beyond accommodations for disabilities or sincerely held religious beliefs;</li><li>Whether the standards will apply to employees who work full-time remotely;</li><li>Any new guidance or standards that will apply beyond those already issued by the Equal Employment Opportunity Commission for accommodating workers with disabilities or sincerely held religious beliefs;</li><li>Whether employers will be required to pay for COVID-19 testing; and</li><li>Whether there will be a ramp-up period for compliance.</li></ul>Businesses that do not comply could face OSHA fines of up to $14,000 per violation, but there are few other details about how these new requirements will be enforced or potential penalties or remedies that businesses may face for noncompliance.Projected Effective DatesAlthough the White House indicated that OSHA would issue its ETS in the coming weeks, no definitive timeline for the ETS has been announced.  It took nearly six months for OSHA to develop emergency standards for healthcare employees.  OSHA, however, will likely move quicker in issuing this ETS considering the significant spotlight on this issue and direction from the top.  After the ETS is issued, employers may have some period of time to come into compliance before OSHA begins enforcement, but employers should not expect much breathing room.  Indeed, employers were only given a few weeks to comply with OSHA’s emergency COVID-19 standards for healthcare employers. Unlike the OSHA’s ETS, the EO provides timelines for implementation of its new requirements:<ul><li>By September 24, 2021 – The Task Force must issue its guidance.</li></ul><ul><li>By October 8, 2021 – The Federal Acquisition Regulatory Council must amend the Federal Acquisition Regulations (FAR) to include the contract clause to implement the requirements of the EO and the Task Force.</li></ul><ul><li>By October 8, 2021 – Contracting agencies must take steps to include the new clause in contracts entered into, renewed, or modified after October 15, 2021.</li></ul><ul><li>October 15, 2021 – The new clause must be inserted into covered contracts that are issued, extended, or renewed on or after that date, subject to certain exceptions.</li></ul>What Should Employers Do Now?The ETS and EO may face legal challenges from employers, business groups, and state governments once they go into effect.  Whether those legal challenges will succeed remains to be seen.In the meantime, contractors and businesses covered by the Plan and EO should start planning for how they will implement and operationalize these new requirements.  Employers that have not mandated vaccines will need to start thinking about how to navigate the numerous legal and practical issues that come with vaccine mandates, including obtaining and tracking vaccination status, testing policies and requirements, wage and hour compliance, accommodations for disabilities and sincerely held religious beliefs, confidentiality and privacy issues, and, if unionized, bargaining with their employee representatives.  These new requirements should also be assessed in light of the numerous state and local COVID-19 safety protocols, which may conflict with the new requirements or provide additional protections or obligations.  Although employers that have already mandated COVID-19 vaccines for their workers may have addressed many of these issues, those employers should revisit their policies and procedures in light of these new developments.

President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees

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President Biden Will Require Certain Federal Contractors and Businesses to Mandate COVID-19 Vaccines or Regular Testing for Employees

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On September 9, 2021, President Biden issued a six-pronged Path Out of the Pandemic (the “Plan”) and Executive Order on Ensuring Adequate COVID Safety Protocols

Nine months ago, we discussed several issues that had been raised by COVID-19 face mask-related litigation.<a href="https://classdismissed.mofo.com/topics/warnings-from-recent-face-mask-litigation.html">[1]</a> Soon after, COVID-19 infection rates spiked to unprecedented levels. But with the emergency use authorization of three COVID-19 vaccines in the United States, the state of the pandemic has drastically changed during the first half of 2021. Vaccines are now widely available for people 12 years of age and older, and infection rates have drastically declined across the United States as a result.With months of real-world data showing the safety and efficacy of the Moderna, Pfizer, and Johnson & Johnson vaccines in hand, the CDC issued Interim Public Health Recommendations for Fully Vaccinated People (“CDC Interim Recommendations”) on May 13, 2021, which has changed the way people are thinking about masks. The CDC Interim Recommendations have also prompted a range of reactions from companies and employers and impacted mask-related disputes in the courts. This post provides an overview of these recent developments, which businesses and employers would be wise to keep in mind.Read our <a href="https://www.mofo.com/resources/insights/210709-a-return-to-normalcy.html?utm_source=publication&utm_medium=email">client alert</a> for more information.

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Of Counsel

Lloyd W. Aubry, Jr. is a member of our Employment and Labor Group. Lloyd’s practice encompasses all aspects of employment and labor law, including litigation and counseling.

Lloyd Aubry

Lloyd Aubry’s practice encompasses all aspects of employment and labor law, including litigation and counseling. He represents public and private clients in a variety of matters relating to wage and hour law, employment discrimination, wrongful discharge, safety and health issues, and National Labor Relations Act (NLRA) issues. Mr. Aubry represents clients before administrative agencies and in state and federal court. A significant part of his practice involves expert testimony and consulting on issues relating to the Department of Industrial Relations. In this capacity, he has served for both employers and employees.

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Associate

Michael Ahern is an associate in the Litigation Department of Morrison Foerster’s New York office.
Prior to joining Morrison Foerster, Mr. Ahern clerked for the Honorable Eileen Bransten in the Comm

Michael G. Ahern

Michael Ahern

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A Return to Normalcy? Check Your Local Rules – An Update on Mask Litigation and Guidelines

A Return to Normalcy? Check Your Local Rules – An Update on Mask Litigation and Guidelines

07_09_returntonormalcymasklitigation_blog

Nine months ago, we discussed several issues that had been raised by COVID-19 face mask-related litigation.[1] Soon after, COVID-19 infection rates spiked to un

On May 31, 2021, the Illinois General Assembly passed amendments to the Illinois Freedom to Work Act (the “Amendments”) that aim to impose significant new restrictions on employee non-compete and non-solicit agreements in Illinois.  Illinois Governor J.B. Pritzker is expected to sign the Amendments into law.  If that occurs, the Amendments would take effect on January 1, 2022.  The passage of the Amendments marks another point in the ongoing trend of jurisdictions enacting legislation that limits the use of non-competes and non-solicits with employees.Read our<a href="https://www.mofo.com/resources/insights/210630-illinois-ushers-new-restrictions.html"> client alert</a> for more information.