Employment Law Commentary

February 10, 2021 - Non-Compete, Legislation, Trade Secrets
The District of Columbia Joins Jurisdictions Banning Non-competes
By: Andrew R. Turnbull and Eric Gebert
On January 11, 2021, District of Columbia Mayor Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (“the Act”), effectively eliminating non-competes in Washington, D.C., except under very limited circumstances. The Act is anticipated to take effect on March 19, 2021.
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January 13, 2021 - Legislation
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung, Michael Burshteyn and Camille Framroze
Last year was busy for Biometric Information Privacy Act (BIPA) litigants. Defendants in 2020’s flood of BIPA cases ranged from technology companies developing novel biometric products to amusement parks and healthcare organizations leveraging biometric tools for employee and customer authentication. Even small businesses, such
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December 09, 2020 - Family Medical Leave Act (FMLA), Leaves of Absence, Wage and Hour, Coronavirus (COVID-19), Paid Sick Leave, Legislation
Another Round of New California Employment Laws
By: Andrew R. Turnbull and Kwan Park
With the New Year rapidly approaching, employers should prepare for the flurry of new California employment legislation. The recent legislation presents new compliance challenges and requirements for California employers, including obligations related to the ongoing pandemic, reinforcing or expanding leave protections, wage and hour
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August 12, 2020 - Coronavirus (COVID-19), Legislation
The SAFE TO WORK Act: An In-Depth Guide for Employers to the Senate's Proposed Coronavirus Liability Shield
On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations over the competing bills, employers should nonetheless take
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August 07, 2020 - Non-Compete, Legislation, Trade Secrets
California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California
By: Eric Akira Tate
This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc. , which resolved two questions regarding the standards to be applied for non-competition agreements and disputes between businesses in California. The first was whether
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August 05, 2020 - Legislation
Executive Order Seeks to Limit the Use of Foreign Workers on Federal Contracts
By: Andrew R. Turnbull and Victoria Dalcourt Angle
On August 3, 2020, President Trump signed an Executive Order aimed at limiting the use of foreign workers on federal contracts and subcontracts. The issuance of the Executive Order comes on the heels of the Tennessee Valley Authority, a federally owned utility, announcing plans
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April 01, 2020 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation
DOL Issues Newly Updated Guidance on Critical Issues for Employers Regarding the Families First Coronavirus Response Act
By: Jinny S. Hwang
On March 28, 2020, the United States Department of Labor (“DOL”) published additional guidance on nearly two dozen more “critical issues” that the DOL had not addressed in its previous guidance on the recently enacted Families First Coronavirus Response Act (“FFCRA”). Our March 26,
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March 30, 2020 - Coronavirus (COVID-19), Legislation
CARES Act – What Employers Should Know (Part II): Unemployment Insurance Benefits
As businesses and employers parse the 880-page Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which President Trump signed into law on March 27, 2020, we offer this analysis of the unemployment compensation provisions in the Act. This Employment Law Commentary is
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February 22, 2020 - Legislation
Employment Law Trends to Watch in 2020
By: Eric Akira Tate, Andrew R. Turnbull and David F. Papas
Last year, jurisdictions across the nation issued new laws and regulations further complicating compliance issues for employers, particularly for multi-state employers. Some of the most significant developments related to new and proposed laws are seeking to make it easier to establish independent contractor misclassification
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February 12, 2020 - Legislation
Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas, James R. Sigel and Matthew E. Ladew
A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary injunction and barred the Attorney General (AG) from enforcing Assembly Bill (AB) 51.
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