Legal Updates

Biden’s Executive Order encourages review of the use of noncompete clauses but stops short of proposing a ban

This article is part of a new McDonald Hopkins series on developments in restrictive covenant law that will dive deeper into how employers can protect their business interests in light of state – and potentially federal – limitations, strategies for revising employers’ non-compete and non-solicitation agreements, and other topics that will help businesses navigate the changing landscape of employee restrictive covenants. Read more…

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California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements

Our colleagues Adam C. Abrahms and Juan Larios of Epstein Becker Green recently published an Act Now Advisory that will be of interest to our readers: “California’s New COVID-19 Vaccine (Non)Mandate and Testing Requirements.”

The following is an excerpt:

On July 26, 2021, the California Department of Public Health (“CDPH”) issued a State Public Health Officer Order (“Order”) seeking to address the increase California is experiencing in positive COVID-19 cases. With infections of the COVID-19 Delta variant rising, Governor Gavin Newsom and State Public Health Officer Tomás Aragón issued the Order as an effort to reduce COVID-19 infections in California. However, contrary to some press reports, the Order is not really a vaccine mandate in any way, shape, or form. As this Advisory describes in detail, in addition to a separate order for employees of the state, the Order applies to certain categories of health care and high-risk facilities, requires verification of workers’ vaccination status and compliance with masking guidelines, and imposes requirements for testing unvaccinated and incompletely vaccinated workers.

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Video: How the PRO Act Could Change Labor Law – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.

The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.  Attorney Steve Swirsky discusses the potential impact the PRO Act could have on employers. Beyond the PRO Act, Steve also looks at how Jennifer Abruzzo’s confirmation as NLRB general counsel could impact the agency’s litigation and enforcement agenda.

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New rent relief scheme for Victoria

The Victorian Government has today announced a new rent relief scheme for small to medium sized businesses.

It will be available to tenants with a turnover of less than $50 million and who have suffered a decline in turnover of at least 30% due to Covid-19.

Under the new scheme, landlords will be required to provide proportionate rent relief to eligible tenants which is consistent with the tenant’s reduction in turnover. At least 50% of the rent relief offered must be by waiver and the remainder by way of deferral.

The new rent relief scheme will be applied from 28 July 2021 and is expected to operate until January 2022.

What does this mean for landlords and tenants? Read more…

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How the PRO Act Could Change Labor Law – Employment Law This Week Video

As featured in #WorkforceWednesday:  This week, we look at the potential “game changing” legal and policy shifts coming to labor relations.

The Protecting the Right to Organize (PRO) Act, if enacted, would make the most significant changes to the National Labor Relations Act since the National Labor Relations Board (NLRB) was created in 1935. The PRO Act is a top priority of the union movement in the United States and is supported by President Biden, who claims to be the most pro-union president in U.S. history.  Attorney Steve Swirsky discusses the potential impact the PRO Act could have on employers. Beyond the PRO Act, Steve also looks at how Jennifer Abruzzo’s confirmation as NLRB general counsel could impact the agency’s litigation and enforcement agenda.

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The Wild West of name, image, and likeness: NIL roll-out update

Part 3 in the series “The Wild West of name, image, and likeness: Be prepared when the dust settles.” 

In just a matter of days, athletic directors across the country went from proactively following century-old NCAA guidelines to reactively trying to navigate unknown territory, with virtually no guidelines.

Changing a sentiment that has stood for 115 years doesn’t generally happen overnight. The long-reaching effects of new state laws and federal court rulings on the use of student-athletes’ name, image, and likeness (NIL) have shifted the power-balance within collegiate athletics and created a legal vacuum. Read more…

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Time Is Money: A Quick Wage-Hour Tip on … How to Calculate the Correct Overtime Rate for Hourly Employees That Earn Bonuses, Commissions, etc.

1. Introduction

If you have hourly employees that earn bonuses, commissions, or other performance payments, this article is for you.

Properly compensating such employees is often not as simple as paying “time and a half” or “double-time” for qualifying hours.  Rather, federal law, and the laws of many states, require employers to “recalculate” overtime rates to include certain types of non-hourly compensation and pay overtime at those higher rates.  Many employers fail to make such payments, and of those that attempt to pay overtime (and double-time) at rates which incorporate these additional earnings, many fail to do it correctly.  Either circumstance results in a failure to pay earned wages to employees, which may give rise to lawsuits seeking back wages, penalties, and other relief available under state and federal law.

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Illinois enacts telehealth parity bill

On July 22, 2021, Illinois Governor J.B. Pritzker signed into law a telehealth coverage and payment parity bill that will permanently expand access to and coverage for telehealth services.

Gov.Pritzker stated that “The legislation I’ll sign today will solidify Illinois as a leader in telehealth access and expansion in the nation” and “Illinois is now one of the first states in the nation to turn our emergency pandemic response into a permanent reality. Not only that, but it expands key telehealth services like Early Intervention programs for early childhood development, adding to the growing number of telehealth services the General Assembly authorized this year.” Read more…

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4 employment law lessons from the Olympic Village

Watching the Opening Ceremonies of the Olympics, I reflected on the pageantry, the stories of personal triumph over adversity, and, of course, the employment law issues. Yes, it’s plain to see (at least for any employment lawyer) that the Olympics are a flaming cauldron of employment law issues.

Let’s go to the venues for a closer look at these simmering employment law issues: Read more…

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Cybersecurity review and new ideas for listing in Hong Kong

On the evening of 30 June 2021(Beijing time), Didi was officially listed on the New York Stock Exchange. Two days after Didi’s listing, the PRC Cybersecurity Review Office published an announcement regarding the launch of cybersecurity review against Didi (the “Review Announcement”), announcing that the review would be conducted according to the National Security Law of the People’s Republic of China (the “National Security Law”), the Cybersecurity Law of the PRC and the Cybersecurity Review Measures which came into effect on 1 June 2020 (“Cybersecurity Review Measures”). The PRC Cybersecurity Review Office also announced that during the cybersecurity review, no new user was allowed to register with the Didi application. On 4 July 2021 and 9 July 2021, Cybersecurity Administration of China (“CAC”) issued two consecutive circulars, announcing that since Didi Chuxing, Didi Enterprise, and 25 other applications (collectively referred to as “Didi Apps”) had severe violations of rules against personal data collection, those Didi Apps were required to be removed from app stores. Subsequently, CAC issued the Cybersecurity Review Measures (Revised Draft for Comment) (the “Revised Draft”) to further clarify the direction for future cybersecurity review. The Revised Draft directly links cybersecurity review with listing in the United States (the “U.S.”) or other jurisdictions. Read more…

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