As we wrote last month, the state of Washington passed legislation barring most inquiries into salary history by employers, as well as requiring employers to divulge salary bands for posted jobs. On May 9, 2019, the governor of Washington, Jay Inslee, signed the bill, confirming the law statewide. The law will take effect on July 28, 2019, and prior to that date, Washington employers should plan to amend any employment applications and hiring practices to conform to the new law.
In response to the enactment of Amendment 2 to the Missouri Constitution, which allows marijuana to be used for medical purposes, the government of the City of St. Louis is considering an ordinance to regulate it. Board Bill No. 2, pertaining to the regulation of medical marijuana facilities in the City, was introduced on May 3, 2019 for a first reading before the Board of Aldermen. The proposed ordinance anticipates the August 3 deadline for the state to begin accepting license applications from medical marijuana facilities. Several other Missouri cities have passed medical marijuana ordinances, and many more cities might well follow.
McDonald Hopkins IP litigators obtain significant win by invalidating four patents and receiving judgements of no infringement and no misappropriation
Two members of McDonald Hopkins intellectual property litigation team, Dave Cupar and Matt Cavanagh, won a significant judgment in a patent and trade secret case in favor of their client, Horizon Global Americas Inc., ending an eight-year legal battle between Horizon and a former business partner, Let’s Go Aero, Inc. (“LGA”) over intellectual property rights to hitch-mounted bike racks and automobile accessories. Horizon Global Americas Inc. is a subsidiary of Horizon Global Corporation (NYSE: HZN), one of the world’s leading manufacturers of branded towing and trailering equipment.
Employers sometimes ask whether it matters if they are inconsistent in their enforcement of non-competes. Typically, the issue is analyzed in terms of whether inconsistent enforcement undercuts the legitimate business interest justifying the restriction. However, in a pending lawsuit, Miller v. Canadian National Railway Co., the issue is being raised in a different context: whether alleged inconsistent enforcement was racially motivated. Specifically, the plaintiff in that case alleges that “[b]y enforcing the non-compete against Miller and not against similarly situated white employees, Defendants are interfering with Miller’s future employment relationships because of his race.”
With warmer weather quickly approaching, many employers are beginning to schedule happy hours, parties, softball games, and other off-site events that employees (and interns) look forward to attending. However, at offsite work events, employees might forget—or might not realize in the first place—that they are still in a workplace setting. This could result in unwelcome behavior, such as sexual harassment, which could leave an employer open to liability.
Following a two-day meeting by a Food and Drug Administration (“FDA”) advisory committee on breast implant safety earlier this year, FDA on May 2, 2019, released a statement announcing that no breast implant models will be banned from the U.S. market at this time. Also described in the statement are a number of measures the agency is undertaking in order to assist women in making more informed decisions regarding breast implants.
Hospitality remains at the forefront of demanding industries where employers must be ever vigilant in their efforts to ensure full compliance with federal, state, and local employment laws and regulations. We highlight below five new or upcoming areas on which employers should focus.
On February 19, 2019, New Jersey Governor Phil Murphy signed into law A 3975 (“the Law”), which significantly expanded the state’s the Family Leave Act (“NJFLA”), Family Leave Insurance Act (“NJFLI”) and Security and Financial Empowerment Act (“SAFE Act”). We prepared an Act Now Advisory, summarizing the extensive changes made by the Law, including, among other things, the expanding and making uniform the definition of “family member” for all three laws, and, effective June 1, 2019, extending the NJFLA to employers that have 30 or more employees.