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
Jason shinn
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…
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 …
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…
EEOC says employers can require and provide incentives for employees to get vaccinated
On 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 …
Michigan Issues New COVID-19 Workplace Safety Rules; Drops Mask Requirements for Vaccinated Employees
Today, MIOSHA updated its COVID-19 Workplace Rules under Gov. Whitmer’s MI Vacc to Normal plan.
The changes, which reflect the recent order from MDHHS and guidance from the CDC, include:
- Employers may allow fully vaccinated employees not to wear face coverings and social distance provided they have a policy deemed effective to ensure non-vaccinated individuals
…
Trade Secret Suit Over Pitching Signs Is a Likely Strikeout
A former Toronto Blue Jays pitcher, Michael Bolsinger, sued the Houston Astros for trade secret misappropriation. He claims the Astros violated Texas trade secret law by stealing his team’s pitching signs in an August 2017 game.
Why it matters:
As an attorney who has handled trade secret matters for almost 20 years, this lawsuit is…