Springing noncompete restrictions on job applicantsCVS Pharmacy Inc. sued online pharmacy retailer Capital Rx Inc., claiming the web-based business is trying to keep a former employee from working for CVS. The lawsuit, filed on 9/16/2021, claims Capital Rx’s noncompete agreement violates Massachusetts law.

Why It Matters:

CVS’ lawsuit highlights an all-too-common issue new hires often face – the surprise non-compete

Dreadlock race discrimination A Michigan bill to amend Michigan’s principal anti-discrimination statute to explicitly ban race-based hair discrimination, e.g., prohibiting discrimination based on hair texture and style, has stalled in the state legislature.

Specifically, Michigan House Bill 4275, also called the CROWN Act (an acronym standing for Creating a Respectful and Open World for Natural Hair), was introduced

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President Biden signed an Executive Order broadly targeting anti-competitive tactics that disadvantage smaller businesses and people.

One aspect of this order targets the use of noncompete agreements. Under the Order, the Federal Trade Commission (FTC) is encouraged to ban or limit noncompete agreements.

The noncompete provision of the Order

Vaccine MandateThis past week Trinity Health announced it would require its employees and contractors to be vaccinated against COVID-19. Under a rolling schedule, current employees must comply with the policy by September 21. People hired after September 1 must be vaccinated within 14 days.

Trinity’s announcement follows Henry Ford Health System’s decision announced in June that

Michigan Unemployment BenefitsMichigan’s Unemployment Insurance Agency (UIA) reinstated its work search requirements for unemployment benefit claimants. This reinstatement went into effect on May 31, 2021. Exceptions and exemptions remain.

Beginning in March 2020, the UIA suspended its work search requirements. This suspension stemmed from the significant number of Michiganders facing unemployment because of the Coronavirus pandemic.

Work

Employee Computer HackingOn June 3, 2021, the U.S. Supreme Court issued a ruling that significantly limits the “exceeds authorized access” clause of the Federal anti-hacking statute called the Computer Fraud and Abuse Act of 1986 (CFAA). Here is a copy of the opinion (Van Buren v U.S.)

Why the CFAA Opinion Matters:

Without proper planning, this ruling

Karen and RacismA lawsuit stemming from a company’s termination over off-duty conduct that went viral on social media is a reminder of the need to properly handle disciplinary actions.

The lawsuit also reflects the increasing trend employers’ are forced to respond to – reacting to social media incidents of employee conduct outside the workplace. It also reflects

Carrot Stick IncentiveOn May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance for employers on whether it is legal for companies to require workers to get coronavirus vaccines.  

Vaccine Requirements

In the EEOC’s guidance, the Agency said it is legal for employers to require workers to get coronavirus vaccines, subject only to the reasonable