As many of you probably already know, the Federal Trade Commission (the “FTC’) issued a Final Rule outright banning employment-based noncompete agreements. The ban is expected to go into effect in August. The three key takeaways from the Final Rule are:
General Matters
Can a Noncompete be Enforced in Wisconsin?
Employers often require employees to sign agreements which include restrictive covenants. “Restrictive covenants” include noncompete agreements, non-solicitation restrictions (prohibiting solicitation of customers and/or employees), and confidentiality and nondisclosure agreements. These agreements can be important to protect the employer from the employee working for a competitor, or disrupting customer relationships after the employer has invested in…
Steps to Protect Your Non-Union Business Model
Union activity is on the rise and many labor experts believe the organizing efforts at companies such as Amazon and Starbucks are just a step in a growing nationwide movement. Combine the events of the past couple of years with a shortage in the labor force, and workers everywhere are reevaluating and expecting more from…
Unlimited PTO Policies: Avoid the Risks
In light of current labor shortages, employers are paying higher wages and contemplating different benefits and working conditions that employees are now demanding. One such benefit is an unlimited paid time off (PTO) policy. An unlimited PTO policy allows employees to take as much paid time off as they desire as long as they complete…
Project Labor Agreements are Now Required for Large Federal Construction Projects
Last week, I wrote a blog post predicting that President Biden may be requiring project labor agreements (PLAs) on projects funded by the Infrastructure Investment and Jobs Acts, effective November 15, 2021 (link here). That prediction has now become reality.
On Friday, February 4, 2022, President Joe Biden signed Executive Order 14063 (EO…
The Roller Coaster Continues: OSHA’s Emergency Temporary Vaccine Standard for Large Employers
Most of our readers are aware that on November 9, 2021, OSHA issued an Emergency Temporary Standard (ETS) requiring covered employers (employers with 100 or more employees) to require employees to be vaccinated against COVID-19. The ETS allows employers to decide whether to adopt weekly COVID-19 testing and mask mandates in lieu of vaccinations. On…
Undue Hardship for Religious and Medical Exemptions From a Mandatory COVID-19 Vaccination Policy
Many employers are adopting a mandatory COVID-19 vaccine policy, or they are required by owners, contractors, developers, or state, local or federal government to adopt such a policy for employees working on particular projects. The recognized exceptions to mandatory vaccination policies are for employees who have a medical condition, or employees who have a religious…
The NLRB Gets Tougher on Penalties for Unfair Labor Practices
Several months ago, we settled an unfair labor practice charge filed by an employee against our client alleging retaliation for the employee’s protected concerted activity. The employee had enlisted the support of other employees in challenging certain pay practices, and it was alleged that the charging party was terminated because of those efforts, rather than…
The National Labor Relations Board and College Athletes in a New World
In 2015 the National Labor Relations Board (NLRB) declined to exercise jurisdiction over a petition filed by a union seeking to represent Northwestern University’s scholarship football players. The NLRB was unwilling to make an affirmative decision as to whether the Northwestern University scholarship football players were “employees” within the meaning of the National Labor Relations…
An Employer’s Guide to Addressing Requests for Religious Exemption From a Mandatory COVID-19 Vaccine Policy
Employers mandating that employees be vaccinated against COVID-19 should know how to respond to an employee’s request for a religious exemption from the vaccination policy. In this post, I discuss the process an employer can use to distinguish an employee’s personal opposition to a vaccination from a sincerely held religious belief that qualifies as a…