VIII-150 – The FTC Noncompete Rule is Dead: What Now?
In the latest episode of Employment Law Now, Michael Schmidt is joined by David Barron and James Gale to discuss the remnants of the FTC noncompete rule and what employers should be doing next with the rule in the rearview mirror.
Listen here.
Labor and employment is a constantly changing practice area governed by a profusion of interrelated federal, state, and local laws and regulations. Now more than ever counsel on the cutting edge is essential. Cozen O’Connor has a dedicated team of labor and employment lawyers who focus on keeping clients informed and protected.
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September 10, 2024
In this special 150th podcast episode, I am joined by my Cozen O'Connor colleagues David Barron and Jim Gale to discuss what is left of the FTC noncompete rule, if anything, and what employers should be doing next with the rule in the rearview mirror.
Download this episode....
September 05, 2024
OSHA requires employers to report a fatality or severe injury (“SIR”). Generally, a fatality must be reported within 8 hours and an in-patient hospitalization, amputation, or eye loss must be reported within 24 hours. Information about the SIR requirement can be found here...
September 05, 2024
Today is Part 2 of 2, following yesterday's episode. As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of important employment issues, including court deference to federal agencies,...
September 04, 2024
As his term as EEOC Commissioner ended at the end of August 2024, (former) EEOC Commissioner Keith Sonderling joined the podcast one last time to discuss a wide range of important employment issues, including court deference to federal agencies, the use of agency opinion letters, continued...
September 03, 2024
Eliza Estrella and Walter Foster discuss Massachusetts' new pay transparency law and what employers need to know.
August 28, 2024
Peter Ennis authored a Law360 article discussing The Dismantle DEI Act of 2024, a proposed legislation aimed at curbing the implementation and promotion of diversity, equity, and inclusion (DEI) practices across federal agencies, contractors, and grant recipients.
August 21, 2024
Just yesterday afternoon (and 11 days earlier than expected), the federal judge in Texas struck down the FTC's noncompete rule and prohibited the FTC from enforcing its non-compete rule nationwide. In this new episode, I talk about what the court did and what it means now for non-compete...
August 21, 2024
Aaron Holt, Mike Schmidt, and David Barron discuss the Northern District of Texas striking down the FTC's Final Rule with nationwide effect.
August 19, 2024
This episode provides the latest update on the FTC non-compete ban scheduled to go into effect on September 4, 2024, the likelihood that it will go into effect, and what employers should be doing about it right now, plus three other employment law reminders that employers should...
August 19, 2024
Bill Walsh discusses a recent Washington Court of Appeals ruling that a state law prohibiting injured workers from posting Independent Medical Examination (IME) videos on social media is an unconstitutional violation of free speech rights.
August 15, 2024
Aaron Holt discusses the court's expanded definition of a hostile work environment which includes social media posts made by an employee outside of work.
August 13, 2024
Illinois' Worker Freedom of Speech Act prohibits employers from holding mandatory meetings to discuss company views on religious and political matters, including union membership.
August 09, 2024
Daniel Johns authored a Law360 article discussing the proposed Union Members Right to Know Act, which aims to enhance transparency and accountability within unions by requiring them to inform members of their rights.
July 30, 2024
In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that injuries that occur when an employee is on travel status are work-related, if,...
July 16, 2024
Michele Miller and Brett Greving discuss the new reforms to PAGA (California's Private Attorneys General Act) and what the impact will be on employers.
July 08, 2024
Where are things right now with the injunction decisions on the FTC's noncompete ban and the DOL's new overtime exemption regulations? Today's new episode provides the latest updates, while also discussing the Supreme Court's end-of-term decision with significant ramifications, and what employers...
July 08, 2024
John Ho discusses OHSA's new proposed national heat illness and injury standards.
June 20, 2024
Dan Johns and Kelly Kindig discuss the Supreme Court's recent ruling that district courts must use the traditional four-factor test for preliminary injunctions sought by the NLRB.
June 12, 2024
In an enforcement memorandum dated May 2, 2024, OSHA provided guidance on whether musculoskeletal injuries are recordable under three treatment scenarios: first aid, Active Release Technique (ART) (massage that targets soft tissues), and exercises and stretching. In doing so, OSHA reminded...
May 22, 2024
As we head into the midway point of 2024, we wanted to provide a brief update on significant OSHA rulemaking developments.
Heat Stress: OSHA recently took a critical step in implementing its long-awaited heat stress rule by presenting the draft rule’s initial regulatory framework at a meeting of...
May 14, 2024
Janice Agresti discusses New York State's new requirement that private employers offer their employees a paid prenatal personal leave entitlement.
May 02, 2024
I am joined by my Cozen O'Connor colleague, Jeff Klamut, to summarize the current regulatory landscape involving artificial intelligence and what employers should be thinking about right now.
Download this episode....
April 25, 2024
The FTC has issued a Final Rule banning all new noncompete agreements for workers, including senior executives, effective 120 days after publication in the Federal Register.
April 24, 2024
In this second part of a two-part series, I discuss the FTC's new ban on non-competes from yesterday, the DOL's new overtime exemption rule from yesterday, and OSHA's recently-released "walkaround rule." Hear what has just happened and what it means for employers.
Download this episode....
April 22, 2024
In this first part of a two-part series, I discuss significant recent employment law developments coming out of the primary federal agencies: The U.S. Department of Labor, the EEOC, the FTC, and OSHA. Here what has just happened and what it means for employers.
Download this episode....
April 10, 2024
Daniel Johns authored a Law360 article discussing the National Labor Relations Board’s (NLRB) recent focus on holding employers accountable for bad-faith bargaining.
March 20, 2024
A comprehensive overview of Colorado employment law changes and updates.
March 06, 2024
Businesses have struggled with the determination of who is an independent contractor vs employee for many decades. One of the challenges rests with the fact that the applicable legal test may be different depending on the area of law at issue. Thus, employers could find themselves in a situation...
March 01, 2024
In today's episode, current EEOC Commissioner Andrea Lucas discusses whether the Supreme Court's recent DEI ruling has changed the landscape for Title VII claims, as well as the 11 best practices that employers should consider with their DEI initiatives.
Download this episode....
February 15, 2024
Nicole Su and Honorable Judge Stephanie Jones co-authored a white paper on bridging the gap between generations within the legal landscape.
February 13, 2024
The Supreme Court issued its long-awaiting decision in Murray v. UBS Securities, lowering the bar for whistleblowers to win retaliation claims, requiring only "contributing factor," not "retaliatory intent."
February 07, 2024
In today's special 7th anniversary episode, I bring back my inaugural and annual guest, Howard Schweitzer, to discuss the current state of politics in this election year and the impact on employers.
Download this episode....
February 05, 2024
U.S. Citizenship and Immigration Services announced that the initial registration period for the FY2025 H-1B Cap Lottery will open on March 6, 2024, and run through March 22, 2024.
January 31, 2024
Scott Bettridge and David Adams discuss the USCIS fee increases and what you need to know to plan your 2024 immigration budget.
January 19, 2024
The European Travel Information and Authorization System roll-out has been postponed to 2025. Scott Bettridge and David Adams discuss what to expect.
January 17, 2024
Pursuant to the Federal Civil Penalties Inflation Adjustment Act, OSHA increases the maximum penalties for serious and other-than-serious violations from $15,625 per violation to $16,131 per violation. In addition, the maximum penalty for willful or repeat violations increased from $156,259 per...
January 08, 2024
Daniel Johns authored an article about the rapid expansion of the National Labor Relations Act (NLRA) coverage and how it affects the workplace.
January 03, 2024
Cassie Jacobsen offers a comprehensive overview of crucial updates to employment law in Minnesota that businesses should be mindful of in 2024.
January 03, 2024
Kelli Natrin and Fran Rayer discuss the Department of State's domestic visa renewal pilot program to alleviate backlogs and wait times at consulates abroad.
December 04, 2023
The State Department recently announced a new pilot program for H-1B visa holders allowing them to renew their H-1B visa stamps while remaining in the U.S.
November 27, 2023
Aaron Holt and Silvia Chicas discuss the Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board, which is a victory for employers seeking to enforce their uniform requirement.
November 15, 2023
Nandini Sane contributed an article to The Houston Lawyer discussing the rapid advancement of generative AI.
November 06, 2023
Scott Bettridge and David Adams highlight immigration updates from the month of October.
October 23, 2023
Last week, USCIS issued policy guidance clarifying two points with respect to the L-1 petition for intracompany transferees.
October 16, 2023
Michael Schmidt discusses the new law that will impact long-held policies and practices and require employers to review their policies and form agreements.
October 04, 2023
Scott Bettridge and David Adams highlight immigration updates from the month of September.
October 02, 2023
Frances Rayer and Elizabeth Olivera outline the process for the 2025 Diversity Immigrant Visa Program/Green Card Lottery, opening on Thursday, October 5, 2023.
September 08, 2023
Daniel Johns authored an article about an April brief filed with the National Labor Relations Board (NLRB) on behalf of NLRB general counsel Jennifer Abruzzo.
August 30, 2023
Sam Edelstein authored an article about the impact of artificial intelligence on the workplace.
August 22, 2023
The Third Circuit Court of Appeals clarified when employee's donning and doffing activities may be compensable under the Fair Labor Standards Act, establishing that assessing a job’s risks is, in and of itself, insufficient for determining whether changing into and out of gear is compensable.
August 22, 2023
USCIS announced a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment without having to call.
August 21, 2023
The Fifth Circuit Court of Appeals reversed its precedent on limited adverse employment actions such as hiring, firing, and promotions, changing the landscape of all employment discrimination claims brought in the Fifth Circuit.
August 03, 2023
DHS has proposed a new pilot program for virtual Form I-9, Employment Eligibility Verification inspections that would apply to employers not currently enrolled in E-Verify.
July 06, 2023
The Supreme Court has ruled that employers can no longer use a de minimis increase in cost as a defense for not providing a religious accommodation.
July 05, 2023
Cassandra Jacobsen co-authored an article about the "stages of brief" she and other lawyers go through when assigned a substantial writing project.
June 22, 2023
On June 20, 2023, the New York State Assembly passed S3100A (Ryan)/A1278B (Joyner) on non-compete agreements and certain restrictive covenants.
June 09, 2023
The National Labor Relations Board (NLRB) has issued a memorandum that could make it more difficult for employers to enforce non-compete agreements.
May 23, 2023
The New Jersey Appellate Court ruled that, under an exception to the American Rule, a third party can be liable for attorneys’ fees in certain situations.
May 18, 2023
Minnesota’s employment landscape is on the brink of significant transformation as proposed legislation banning almost all non-compete agreements progresses.
May 12, 2023
The bill targets the influx of illegal immigration into the state with tougher employment requirements and adding some of the strongest penalties in the nation.
May 10, 2023
Daniel Johns authored an article discussing the concerns raised by the current National Labor Relations Board (NLRB) General Counsel memos.
May 10, 2023
DHS and ICE announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023.
May 10, 2023
USCIS received enough electronic registrations during the initial registration period to reach the FY 2024 H-1B cap.
May 04, 2023
The NRLB recently revisited the issue of what happens when an employee engages in abusive or inappropriate conduct while protected by Section 7 of the NLRA.
April 19, 2023
Michael Schmidt, Steven Millman, and Austin Dieter authored an article about the unprecedented number of state and local laws that retail employers face.
April 19, 2023
USCIS has extended the temporary suspension of the biometrics submission requirement for certain applicants filing Form I-539.
April 05, 2023
USCIS announced it will be issuing policy guidance to remove the requirement that the civil surgeon's signature be dated no more than 60 days before filing.
April 05, 2023
USCIS announced requestors may select their gender on USCIS forms (or change a prior gender selection) without the need to provide supporting documentation.
March 31, 2023
USCIS announced that it will now consider a filing or response submitted on paper timely if it is received by the end of the next business day.
March 28, 2023
USCIS announced it received enough electronic registrations during the initial registration period to reach FY2024 H-1B numerical allocations (H-1B Cap).
March 28, 2023
USCIS announced that certain flexibilities it first announced in March 2020 to address the COVID-19 pandemic will end on March 23, 2023.
March 23, 2023
The NLRB recently overturned decades of precedent to hold that non-disparagement and confidentiality provisions are broadly unlawful when imposed on employees.
March 22, 2023
USCIS recently announced a new process for lawful permanent residents to receive temporary evidence of their lawful permanent resident status by mail.
March 20, 2023
The U.S Court of Appeals for the Third Circuit held that paid time off does not constitute salary for purposes of the Fair Labor Standards Act.
March 15, 2023
Employers statewide who do not currently offer paid leaves equal to or in excess of 40 hours per year should make appropriate preparations to comply.
March 01, 2023
Ed Langhammer contributed to the March edition of the GC Agenda about California law AB 2188.
February 23, 2023
SECURE Act 2.0 is one of the most significant pieces of retirement plan legislation in recent memory and contains new rules impacting every kind of retirement plan.
February 16, 2023
A Ninth Circuit panel ruled that California’s Assembly Bill (AB) 51 was preempted by the Federal Arbitration Act (FAA) and is unenforceable.
February 06, 2023
Max Kaplan discusses the Supreme Court of Illinois's decision in Tims v. Black Horse Carriers, Inc., ruling that BIPA is subject to the five-year, catch-all statute of limitations.
February 02, 2023
Daniel Johns authored an article about the rise in union organizing and how employers can handle it.
January 30, 2023
USCIS announced that the initial registration period for the FY2024 H-1B Cap Lottery will begin on March 1, 2023, and run through March 17, 2023.
January 27, 2023
The U.S. Department of Labor has proposed an update to its voluntary fiduciary corrections program to allow fiduciaries to correct errors in retirement plans.
January 25, 2023
As the result of a settlement of a class action lawsuit challenging H-4 and L-2 adjudication delays, USCIS has agreed to resume bundling some applications.
January 24, 2023
USCIS announced it will extend the validity of Green Cards for those who properly file Form I-751 for 48 months beyond the card’s expiration date.
January 24, 2023
The California Court of Appeal recently issued a troubling decision regarding the evidentiary value of electronic signatures.
January 18, 2023
On December 29, 2022, the IRS issued proposed regulations that would permanently allow retirement plans to accept remote participant elections and spousal consents.
January 13, 2023
USCIS announced it is implementing the final phase of its planned premium processing expansion for Form I-140.
January 11, 2023
When businesses fail to ensure that their website are accessible to the visually impaired, they risk facing a barrage of expensive lawsuits.
January 10, 2023
The new pay transparency laws across the country may point to a cultural shift underway toward an expectation of transparency and a desire to reduce the pay gap.
January 09, 2023
President Biden's Executive Order in July 2021 encouraged the FTC to ban or limit non-compete agreements. The FTC proposed the ban on January 5, 2023.
January 09, 2023
USCIS published a Notice of Proposed Rulemaking to adjust certain benefit request fees, which haven’t been changed since 2016.
January 05, 2023
Aaron Holt authored an article on the future of online speech and regulations.
January 05, 2023
Senate Bill 1162 imposes significant new pay scale disclosure requirements on California employers.
January 03, 2023
John Ho and Janice Sued Agresti highlight what employers can expect in the year ahead from OSHA and the Department of Labor on workplace safety, pay equity, and employee classification.
December 12, 2022
Effective Dec. 12, 2022, USCIS will automatically extend the validity of Green Cards for lawful permanent residents who have applied for naturalization.
November 09, 2022
The TSA has extended the requirement for all nonimmigrant foreign nationals to present proof of being fully vaccinated prior to entering the United States.
November 03, 2022
Daniel Johns authored an article about how employee resource groups (ERGs) have become one of the primary methods employers use to engage employees and increase morale in the workplace.
October 31, 2022
The EEOC has issued an updated “Know Your Rights” poster, revised as of October 20, 2022.
October 28, 2022
New Jersey Senate Bill No. 315 creates broad protections for many employees in the health care sector in the event of a change in control.
October 28, 2022
The California 6th District Court of Appeal recently ruled that where an employer could track the exact time in minutes that an employee worked each shift.
October 26, 2022
USCIS granted 60 more days to respond to Notices of Intent to Deny/Revoke/Rescind & Requests for Evidence if issued between March 1, 2020, and January 24, 2023.
October 18, 2022
DHS and ICE announced that an extension of the Form I-9 flexibilities will continue for another nine months until July 31, 2023.
October 17, 2022
A slew of employment law bills were signed into law by Governor Newsom as we close out 2022 and begin a new year in 2023.
October 17, 2022
Matthew Clyde co-authored the Bloomberg Tax Portfolio addressing the interplay of benefits and bankruptcy law.
October 12, 2022
Elena Hillman, Jake Rubinstein, and Janice Agresti authored an article on what pay transparency could mean for states.
October 07, 2022
Although the current administration has stated its desire to eliminate the DV Lottery program, it will go forward this year.
October 05, 2022
A recent decision from the Fifth Circuit upheld a Texas state law impacting the power of social media platforms to moderate content on their platforms.
October 04, 2022
USCIS will extend the temporary waiver of the "60-day rule" for Form I-693.
September 29, 2022
Effective September 26, 2022, USCIS began automatically extending the validity of Green Cards to 24 months for lawful permanent residents who file a Form I-90.
September 19, 2022
On September 15, 2022, USCIS announced the next phase of the premium processing expansion for certain petitioners.
September 12, 2022
The NLRB issued an NPRM that would broaden the standard for determining whether two employers are joint employers under the National Labor Relations Act.
September 08, 2022
On 9/6/22, USCIS announced it has used nearly all available EB visas for this fiscal year and will exhaust the 281,507 EB visas by the end of the month.
September 06, 2022
The National Labor Relations Board recently reaffirmed employees’ right to wear union insignia at work and found that Tesla, Inc. violated federal labor law.
August 31, 2022
The OFCCP informed all federal contractors that a FOIA request seeking contractor data from '16-'20 was submitted. Contractors must file objections by 9/19/22.
August 18, 2022
David Adams authored an article about employers who employ or wants to employ a foreign worker for permanent residence.
July 29, 2022
Daniel Johns authored an article on the recent decision from the U.S. Court of Appeals for the Third Circuit in FDRLST Media LLC v. National Labor Relations Board.
July 19, 2022
On July 6, 2022, DHS announced that employers are required to update their Forms I-9 by July 31, 2022, for all employees who completed their I-9 verifications with expired documents between May 1, 2020, and April 30, 2022.
July 18, 2022
We previously alerted our readership in May 2022 that USCIS was implementing premium processing for certain I-140 petitions in the EB-1 and EB-2 categories. The availability of premium processing for previously filed I-140 petitions referred only to EB-1 multinational executive and manager I-140 petitions and EB-2 petitions filed for advanced degree professionals or members of the professions with an advanced degree or exceptional ability petitions seeking a national interest waiver.
June 24, 2022
Aaron Holt authored an article about how courts are increasingly being asked to address employment matters involving speech on social media.
June 21, 2022
Abigail Green discusses the Seventh Circuit's decision in Salvatore Ziccarelli v. Thomas J. Dart, et al.
June 16, 2022
The Supreme Court ruled that the FAA overrules CA Supreme Court authority limiting arbitration agreements in representative actions under PAGA.
June 03, 2022
In Groff v. DeJoy, a Third Circuit Court of Appeals decision gives very practical guidance for how to respond to religious accommodation claims.
May 25, 2022
The U.S. Citizenship and Immigration Services announced premium processing for certain petitioners.
May 25, 2022
A May 20, 2022 decision from the Third Circuit Court of Appeals impacts the limits of permissible speech by employers on social media.
May 24, 2022
The California Supreme Court recently resolved a long-standing wage and hour question regarding meal and rest period violations.
May 24, 2022
Kathy Jaffari co-authored an article published in The Philadelphia Inquirer discussing the wage gap in Pennsylvania and the steps that need to be taken to narrow it. Kathy and her co-author, Judy Berkman, are co-chairs of the Women’s Rights Committee of the Philadelphia Bar Association.
May 16, 2022
California's Private Attorneys General Act may pave the way for geographically extended enforcement of California labor laws.
May 04, 2022
This May, USCIS announced a Temporary Final Rule increasing the automatic extension period for certain Employment Authorization Documents for up to 540 days.
April 28, 2022
On April 25, 2022, DHS and ICE announced an extension of flexibilities of the Form I-9 Employment Eligibility Verification Form until October 31, 2022.
April 26, 2022
Daniel Johns authored an article about the recently introduced Teamwork for Employees and Managers Act (TEAM) — which would legalize employee involvement committees, an employer-friendly alternative to unions.
April 25, 2022
The Pennsylvania Public Utility Commission will be requiring major jurisdictional public utilities to file annual diversity reports beginning March 2023.
April 07, 2022
Sam Edelstein discusses the decision in Hopman v. Union Pacific Railroad.
March 30, 2022
Jim Sullivan, John Ho, and Anne Greene discuss OSHA's new proposed rules regarding electronic recordkeeping requirements.
March 28, 2022
On March 3, 2022, Council amended Philadelphia’s Public Health Emergency Leave Ordinance and created a specific COVID-19 sick leave protection.
March 21, 2022
Rob Kaplan discusses the DOL's compliance release that provides strong caution against ERISA fiduciaries of 401(k) and 403(b) plans including cryptocurrencies as plan investment options.
March 01, 2022
Janice Agresti discusses the U.S. District Court of Southern New York's ruling that the Wrongful Discharge Law is constitutional because it minimally burdens interstate commerce.
February 15, 2022
Arielle Eisenberg discusses H.R. 4445, an amendment to the Federal Arbitration Act (FAA) otherwise known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.”
February 09, 2022
Jeremy Glenn, Brittany Green, and Sydney Holman co-authored an article on Illinois' legislative action toward employee pay equality with sweeping amendments in 2021 to the state Equal Pay Act.
February 04, 2022
Leni Cummins and Jennifer Miller discuss Section 467-a of the Real Property Tax Law and the prevailing wage affidavit condo and coop boards must submit to qualify for the tax abatement.
February 01, 2022
Daniel Johns authored an article about how the rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct.
January 28, 2022
Jeremy Glenn and Brittany Green discuss what employers in Illinois need to know about the EPA amendments.
January 19, 2022
Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.
January 12, 2022
James Sullivan authored an article about if an unvaccinated employee is a “direct threat” to the health and safety of themselves or others in the workplace.
January 05, 2022
George Voegele discusses various state and local wage and hour laws that went into effect on January 1, 2022, or will go into effect in 2022.
December 21, 2021
John Ho and Jim Sullivan discuss the Sixth Circuit lifting the Fifth Circuit's stay of OSHA’s general duty COVID Emergency Testing Standard.
December 09, 2021
John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.
November 23, 2021
John Ho and Jim Sullivan discuss Florida Governor DeSantis’s recent legislation banning employers from mandating COVID-19 vaccinations unless several exemptions are offered to employees.
November 15, 2021
Ed Langhammer, John Ho, and Jim Sullivan discuss Cal/OSHA agenda item “Proposed Emergency Safety Orders for Adoption,” and how California employers can weigh in on how these regulations will impact them.
November 15, 2021
John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.
October 29, 2021
Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.
October 27, 2021
Janice Agresti discusses the EEOC's guidance for employers when an employee requests a religious exemption from the COVID-19 vaccination.
October 13, 2021
Aaron Holt answers questions employers may have about Texas's Executive Order No. GA-40.
September 24, 2021
Jim Sullivan authored an article detailing that six of just nine emergency temporary standards issued by OSHA since the 1970s have been challenged in courts, and only one has been upheld.
September 10, 2021
Jim Sullivan discusses Biden's EO mandating all employers with more than 100 employees require every employee to be fully vaccinated against COVID-19 or to test negative every week.
September 08, 2021
Debra Friedman authored an article about OSHA's latest COVID-19 guidance for non-health care employers and employees and how it is causing employers to reevaluate their return-to-work policies and procedures.
August 04, 2021
Daniel Johns authored an article on how the Biden administration impacts nonunion employers.
August 03, 2021
Ben Shechtman discusses the DOJ's memorandum opinion stating employers may require that employees be vaccinated against COVID-19 subject to the requirements that they provide reasonable accommodations for employees with disabilities or sincerely held religious beliefs that preclude vaccination.
July 16, 2021
Brett Greving, Elena Hillman, and Jason Barsanti discuss the California Supreme Court's decision in Ferra v. Loews Hollywood Hotels, LLC.
July 14, 2021
John Ho discusses the Department of Labor for the state of New York"s model Airborne Infectious Disease Exposure Prevention Plan under the New York Health and Essential Rights Act and what employers should do now to comply.
June 16, 2021
Dave Barron discusses new OSHA guidance for vaccinated workers.
June 07, 2021
In light of recent guidance issued by the Center for Disease Control and the EEOC, we have updated our Return to Work Checklist.
May 14, 2021
John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.
April 28, 2021
Bob Magovern and Matt Howell discuss Biden's executive order increasing the minimum wage for federal contactors.
April 26, 2021
Daniel Johns authored an article about the Biden administration's intent to promote and seek passage of the Protecting the Right to Organize Act.
April 26, 2021
John Ho and James Sullivan discuss OSHA's guidance for employers considering requiring employees to get vaccinated.
April 23, 2021
Arielle Eisenberg and Corinne Zucker discuss the possible implications of the Eleventh Circuit's decision in Juan Carlos Gil v. Winn-Dixie Stores, Inc.
April 09, 2021
Robert Kaplan discusses the DOL's three model notices employers are required to send to qualified beneficiaries.
April 07, 2021
Joseph Quinn discusses the Simko v. U.S. Steel Corp decision and what it means for employers.
March 31, 2021
John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.
March 29, 2021
Nicole Perkin and Elena Hillman discuss SB 95, which continues and expands the requirements for COVID-19-related sick pay as mandated previously by the federal FFCRA and California’s AB 1867, both of which expired on December 31, 2020.
March 18, 2021
Christopher Hennessy and Jeremy Glenn contributed an article to the Illinois State Bar Association's (ISBA) Labor and Employment Law Newsletter discussing a recent bill introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants, particularly those entered into after the effective date of the bill's adoption into law — including barring some altogether.
March 12, 2021
Robert Kaplan, Matt Clyde, and Lynn Brehm discuss the American Rescue Plan Act of 2021 and how it affects employee benefit plans and publicly traded companies’ tax deductions for executive compensation.
February 26, 2021
David P. Zambito and Vincent Candiello discuss how Pennsylvania’s regulated public utilities would be impacted by the legalization of marijuana and if they are not permitted to continue their zero-tolerance drug use policies for employees involved in the operation of critical infrastructure.
February 17, 2021
Joseph Hill, Michael Henlon, and Brianna Westbrooks discuss legislation introduced in Philadelphia City Council that would significantly expand required paid sick leave for individuals at companies with more than 50 employees.
February 02, 2021
John Ho discusses OSHA's revised COVID-19 guidance for employers following an executive order issued by President Biden
January 20, 2021
David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees.
January 19, 2021
Christopher Hennessy and Jeremy Glenn contributed an article to Law360 discussing how on January 8th, a bill was introduced in the Illinois Legislature that, if made into law, would rewrite significant aspects of the law of restrictive covenants entered into after the effective date of its adoption into law, including barring some altogether.
January 19, 2021
Adam C. Gutmann and David L. Barron discuss the landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most FLSA collective actions have followed for the last 33 years.
January 13, 2021
Stephen Miller and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.
January 05, 2021
Daniel Johns wrote an article about what the upcoming Biden administration will look like on labor issues.
December 17, 2020
Peter Ennis discusses the ordinance signed by Mayor Bill Peduto covering employers with 50 or more employees and requiring them to provide paid time off for employees working in the city who miss work due to reasons related to COVID-19.
December 14, 2020
John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.
December 03, 2020
Ben Shechtman discusses the first-of-its-kind decision by the Pennsylvania Commonwealth Court that the MMA did not require a nursing school to accommodate a student’s use of medical marijuana under the Pennsylvania Human Relations Act.
November 23, 2020
David Barron, Joseph Quinn, Jake Rubinstein, Di Addy Tang, Peter Ennis, Adam Gutmann, and Anne discuss various state laws that may impact employers.
October 30, 2020
Jeff Pasek, Diane Thompson, Anne Green, and Michael Corgan wrote an article about what a Joe Biden administration would look like for companies.
October 20, 2020
Peter Ennis and Brett Greving breakdown, by state, what employees are entitled to when it comes to their right to vote.
October 07, 2020
Daniel Johns wrote an article discussing the risk of union organizing that employers may face at the end of the COVID-19 pandemic.
September 23, 2020
Elena Hillam and Austin Dieter discuss AB 685, signed by Governor Newsom, implementing new reporting and notice requirements and granting Cal OSHA additional powers following employee exposure to COVID-19 in the workplace.
September 23, 2020
Elena Hillman and Austin Dieter discuss SB 1159, signed into law by Governor Newsom, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to an outbreak.
September 17, 2020
George Voegele discusses the city of Philadlelphia's new ordinance that makes two weeks of paid sick leave available to thousands of Philadelphia workers impacted by COVID-19.
September 15, 2020
Bethany Vasquez, Elena Hillman, and Austin Dieter discuss Assembly Bill 1867, requiring large employers to provide COVID-19 related supplemental paid sick leave to their California employees.
September 15, 2020
Michael Hanlon and Benjamin L. Shechtman discuss the Third Circuit's consolidated opinions in Diamond et al. v. PSEA et al. and Wenzig et al. v. SEIU Local 668 et al.
September 08, 2020
On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20 percent.
August 21, 2020
Arielle Eisenberg wrote an article about the Title VII of the Civil Rights Act that protects an employee's conduct of complaining about Title VII violations.
August 06, 2020
David Barron, David Hackett, Nandini Sane, and Bethany Vasquez designed an FAQ to address concerns that employers have regarding COVID-19 and the Fall semester.
August 05, 2020
David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.
August 04, 2020
Arielle Eisenberg discussed the Eleventh Circuit's decision in Gogel v. Kia Motors.
July 30, 2020
Alan Pittler wrote an article about three separate lawsuits brought by Pennsylvania employees who were terminated for social media posts.
July 28, 2020
Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.
July 01, 2020
Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.
June 28, 2020
Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how a job description can affect litigation.
June 17, 2020
Arielle Eisenberg discusses the U.S. Supreme Court's historic decision holding that LGBTQ individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964.
June 16, 2020
Mike Hanlon, Steve Millman, and Austin Dieter discuss the NLRB's decision in Bethany College.
June 10, 2020
Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.
June 01, 2020
Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.
May 27, 2020
Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how the EEOC intends that ADA accommodation requests will be alive and well post-coronavirus and employers will be required to engaged in the interactive process with each individual.
May 21, 2020
Jeremy Glenn, Julie Trester, and James Mackey discuss the Chicago City Council has adopted an amendment to the Fair Workweek Ordinance delaying the ability of employees to file lawsuits in court until January, 1, 2021. However, the action does not delay enforcement of the ordinance starting July 1.
May 21, 2020
Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.
May 06, 2020
Bryant Andrews and Bethany Salvatore discuss the Pennsylvania Department of Health's guidance for the businesses permitted to maintain in-person operations.
April 29, 2020
Benjamin L. Shechtman discusses the EEOC's recent guidance allowing ADA-covered employers to administer a COVID-19 test to an employee prior to permitting the employee to enter the workplace, without running afoul of EEO laws.
April 28, 2020
Steve Millman and Michael Hanlon discuss Philadelphia's new Fair Workweek law and what employers need to know as they begin restarting operations following COVID-19 shutdowns.
April 24, 2020
Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.
April 24, 2020
Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.
April 17, 2020
Alan Pittler discusses Pennsylvania's new employer safety measures and what that could mean for non-essential businesses when they are ready to open up.
April 10, 2020
Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing teleworking and what this might mean for Illinois businesses in terms of expense reimbursement.
April 09, 2020
Adam Gutmann discusses what employers should do when employees strike, participate in sickouts, or request PPE or to work from home due to concerns surrounding COVID-19.
April 08, 2020
John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.
April 06, 2020
Shaina Hicks and Mike Hanlon detail three changes the NLRB made to the representation case procedures.
April 06, 2020
David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.
April 03, 2020
Matthew Clyde explains how the CARES Act may impact individual retirement accounts.
April 02, 2020
Nandini Sane and Tina Syring summarize employers' obligations and benefits under the FFCRA.
April 01, 2020
Michael Hanlon and Anna Will Kentz detail how employers should handle an employee who tests positive for COVID-19 or whom demonstrates symptoms of the virus.
March 30, 2020
Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.
March 30, 2020
Tina Syring discusses Minnesota's stay-at-home order and its impact on employers.
March 28, 2020
Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.
March 23, 2020
Susan Eisenberg and Jennifer Williams wrote about the challenges that the hospitality and lodging industry are facing with COVID-19.
March 20, 2020
Jen Williams, Peter Ennis, Arielle Eisenberg, and Nandini Sane discuss what employers must consider under state and federal WARN Acts before laying off or furloughing employees during the COVID-19 pandemic.
March 20, 2020
Austin Dieter, David Hatch, and Brett Greving discuss Governor Newsome's order, who is exempt, and what services will remain available to Californians.
March 19, 2020
Aaron Holt answers employers' questions regarding the Families First Coronavirus Response Act.
March 17, 2020
Peter Ennis and Michael Hanlon answer the questions employers should be asking as the workforce moves to telecommute.
March 16, 2020
Robert Kaplan discusses the IRS Notice 2020-15 allowing employers to relax deductibles and other out-of-pocket limits for coronavirus-related expenses.
March 16, 2020
David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.
March 13, 2020
Aaron Holt wrote an article discussing the action that employers should take with coronavirus within the workplace.
March 13, 2020
David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.
March 04, 2020
Joseph Quinn details what employers need to know about Pittsburgh new Act, including who is impacted and what they need to do now.
March 02, 2020
Jay Dorsch and Rob Kaplan discuss the IRS's position that there is no statute of limitations for penalties associated with the Affordable Care Act.
February 20, 2020
Mariah L. Passarelli discusses the Third Circuit's decision and what employers need to do next.
February 11, 2020
Katie Schwab discusses two new bills in New York City impacting fast food employers and employees. A hearing on the bills is scheduled for February 13.
February 03, 2020
Joe Quinn discusses the court's decision in Duquesne University v. NLRB and its impact on future attempts at organizing by faculty and non-faculty employees at religious schools.
January 31, 2020
David Barron wrote about company policies involving illness in the workplace and five important questions that both employees and employers should be asking.
January 30, 2020
George Voegele and Adam Gutmann discuss the Palmiter v. Commonwealth Health Systems, et al., case and what employers in Pennsylvania need to know.
December 30, 2019
Robert Kaplan and Jay Dorsch discuss why employers need to begin evaluating the effects of the SECURE Act on their retirement plans as soon as possible.
December 16, 2019
Susan Eisenberg wrote about the dos and don'ts for employers to keep employees safe during holiday parties.
December 03, 2019
Joe Quinn discusses the fate of the increase to the salary test for EAP exemptions and the minimum wage in Pennsylvania.
November 25, 2019
Jake Rubinstein discusses workplace harassment under the ADA and what lessons employers should take from Ford v. Marion County Sheriff's Office.
November 22, 2019
Joseph Sirbak wrote an article about the phrase "OK, boomer" and the legal consequences behind saying it.