Can an employee working for an Illinois company bust their non-compete by resigning after 1 year and 364 days of employment?
The new year brought with it an attempt by the State of Illinois to resolve that question with a...more
1/14/2022
/ Attorney's Fees ,
Construction Workers ,
Employment Contract ,
Freedom To Work Act ,
Furloughs ,
Illinois ,
Minimum Salary ,
Non-Compete Agreements ,
Prevailing Party ,
Restrictive Covenants ,
State Labor Laws
New York City Mayor Bill de Blasio, whose term as mayor ends on January 1, 2022, has announced that the city’s Department of Health will issue a mandate requiring full vaccination of any employee of a private sector business....more
The Occupational Safety and Health Administration (“OSHA”) has published its long-awaited emergency temporary standard (“ETS”) on COVID-19 vaccination, testing and face coverings, effective as of today (November 5, 2021), and...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The White House has announced that the requirement for covered employees at covered federal contractor workplaces to be fully vaccinated under the Safer Federal Workforce Task Force Guidance for Federal Contractors and...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
Agencies Advised Not to Terminate Contractors Who are “Working in Good Faith and Encounter Challenges”; More States Sue to Enjoin EO 14042...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
When Texas governor Greg Abbott issued an executive order on October 11th stating that no entity in Texas could compel receipt of a COVID-19 vaccination by “any individual, including an employee or a consumer” who objects for...more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Defense Contracts ,
Defense Sector ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
On October 28, 2021, the State of Florida filed a challenge to the Biden administration’s requirement that employees of federal government contractors be vaccinated by December 8, 2021....more
10/29/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Florida ,
Infectious Diseases ,
Motion To Enjoin ,
Vaccinations ,
Workplace Safety
As employers consider plans to have their workforces return to the office, they are faced with the daunting task of creating a return-to-work program that balances powerful safety, legal, and social considerations under a...more
10/27/2021
/ Anti-Discrimination Policies ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Employer Responsibilities ,
Employment Policies ,
Masks ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Vaccinations ,
Virus Testing ,
Webinars ,
Workplace Safety
After my previous blog post regarding recent labor enforcement actions taken under the U.S.-Mexico-Canada Agreement (“USMCA”) impacting U.S. companies with facilities or subsidiaries in Mexico, I received questions regarding...more
At this point, you’re probably aware that the Biden Administration’s COVID-19 Action Plan required all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain...more
9/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9, 2021, the White House announced a series of actions intended to reduce the number of Americans who have not been vaccinated against COVID-19. These actions are detailed in the President’s “Path Out of the...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
September 1st is coming. And with it a change to Texas’ employment discrimination law arguably making supervisors or managers liable for sexual harassment. Now is a great time to dust off that sexual harassment training....more
Within the last few months, U.S. employers doing business in Mexico have felt the effects of the enforcement mechanisms of the “U.S.-Mexico-Canada Agreement” (“USMCA”). It is perhaps counterintuitive to many employers that...more
Occupational Safety and Health Administration (“OSHA”) Region VI — which includes Texas, Oklahoma, Louisiana and Arkansas — has established a new Regional Emphasis Program targeting worker exposure to hazards associated with...more
News outlets have run wild with coverage of President Biden’s July 9, 2021 Executive Order (the “EO”), encouraging the Chair of the Federal Trade Commission (“FTC”) to work with the “rest of the Commission” to “curtail the...more
My colleagues and I have written much recently regarding governmental antitrust authorities’ review of no-poach conduct (for example, see here). But let us not forget the additional scrutiny such agreements can face in...more
On March 12, 2021, OSHA established a 12-month long “National Emphasis Program,” effecting an immediate emphasis on the enforcement of safety standards associated with COVID-19. The “COVID-19 NEP” also creates “an added...more
4/9/2021
/ Coronavirus/COVID-19 ,
Enforcement ,
Executive Orders ,
Health and Safety ,
Inspections ,
Joe Biden ,
NEP ,
Occupational Exposure ,
OSHA ,
Retaliation ,
Whistleblowers ,
Workplace Safety
The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets — this time against a healthcare staffing company and its former manager for allegedly agreeing not...more
4/8/2021
/ Antitrust Division ,
Chamber of Commerce ,
Collusion ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Healthcare ,
Indictments ,
Joe Biden ,
No-Poaching ,
Nurses ,
Staffing Agencies ,
Wage-Fixing
As discussed in our recent blog post, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”) was, earlier this year, assigned for implementation to Occupational Safety and Health Administration’s (“OSHA”) Whistleblower...more
The recent Criminal Antitrust Anti-Retaliation Act (CAARA), to be enforced by the Occupational Safety and Health Administration (“OSHA”), offers protection from retaliation for antitrust whistleblowers who come forward to...more
3/18/2021
/ Anti-Money Laundering ,
Antitrust Violations ,
Bid Rigging ,
Contractors ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Labor (DOL) ,
Dodd-Frank ,
DPA ,
Generic Drugs ,
Incentives ,
Leniency Programs ,
NDAA ,
OSHA ,
Price-Fixing ,
Retaliation ,
Secretary of Labor ,
Subcontractors ,
Whistleblower Awards ,
Whistleblowers
On March 15, 2021, the District of Columbia’s new “Ban on Non-Compete Agreements Amendment Act of 2020” is projected to pass Congressional review and become law. The sweeping statute, which purports to ban non-compete...more
At this point, most employers probably know that the Occupational Safety and Health Administration (“OSHA”) is charged with investigating far more than workplace safety. Indeed, OSHA has a robust Whistleblower Protection...more
3/4/2021
/ Bank Secrecy Act ,
Bid Rigging ,
Competition ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Labor (DOL) ,
Money Laundering ,
No-Poaching ,
OSHA ,
Price-Fixing ,
Retaliation ,
Sherman Act ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
Last week, the mayor of Washington, D.C. signed into law the “Ban on Non-Compete Agreements Amendment Act of 2020.” The “Ban” does exactly what its title says it will do, and then some: it bans agreements that would restrict...more
In this program, a panel of Vinson & Elkins’ Labor & Employment attorneys discuss potential changes to workplace laws that employers may expect to see under the Biden administration, including requirements related to labor,...more
12/10/2020
/ Biden Administration ,
Continuing Legal Education ,
Employment Policies ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Immigration Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Webinars ,
Workplace Safety
A growing number of public figures, including CEOs, have tested positive for COVID-19. Since the duties and responsibilities of a CEO often include being the face of the company and meeting with other executives who are, in...more