On May 17, 2022, the Mayo Clinic was sued by a former employee who believes her religious freedoms were violated by the Clinic’s workplace vaccine policies. Notably, Mayo Clinic accepted the plaintiff’s request for a religious exemption from its vaccine requirement. But the employee, Sherry Ihde, claims Mayo Clinic’s requirement that employees exempt from the
OSHA Employer Vaccine Requirement Temporarily Put on Hold Over the Weekend.
On September 9, 2021, we explained that OSHA would be issuing an emergency rule requiring companies with 100 or more employees to require their workforce to be vaccinated or to undergo weekly testing. See OSHA to Issue Vaccine and Testing Mandates to Large Employers. And we also predicted that the rule would generate legal
Job Applicants Beware! Avoid the Surprise Noncompete Restriction
CVS 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
Proposed Michigan Bill Banning Discrimination Based on Hair Texture and Race-based Hairstyles Stalls
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
OSHA to issue Vaccine and Testing Mandates to Large Employers
On September 9, 2021, the Biden Administration announced the U.S. Labor Department (DOL) will issue an emergency rule requiring companies with 100 or more employees to ensure employees are either fully vaccinated or test negative for Covid-19 at least once a week.
This emergency rule was one part of a series of aggressive initiatives to
President Biden to Even Playing Field by Targeting Noncompete Restrictions
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.
Second Major Michigan Health Care System Mandates Vaccine for Employees
This 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
Less Evidence Needed to Continue Trade Secret Litigation After Dismissal Is Reversed
A court decision from the Third Circuit clarified requirements for making a trade secret misappropriation claim under the Defend Trade Secrets Act (”DTSA”).
At the pleading stage (the beginning phase of a lawsuit), the Court allowed a plaintiff to pursue its claims under a less demanding threshold of proof of the actual trade secrets and
Michigan Reinstates Work Search Requirement for Unemployment Benefits
Michigan’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
Federal Computer Hacking Law Limited – What it Means for the Workplace
On 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