Epstein Becker & Green, P.C. (LexBlog United States)

3580 results for Epstein Becker & Green, P.C. (LexBlog United States)

  • Preparing Corporate Messaging in the Wake of Dobbs

    The United States Supreme Court (“SCOTUS”), in Dobbs v. Jackson Women’s Health Organization, has held that there is no constitutional right to abortion, overruling Roe v. Wade and Casey v. Planned Parenthood. Employers, who increasingly are finding themselves on the front lines of many societal issues, will need to decide quickly whether and how they...

  • CMS Reduces COVID-19 Vaccine Mandate Surveys and Rescinds Surveyor Vaccination Requirements

    In two recent memoranda, the Centers for Medicare and Medicaid Services (CMS) made changes to previously issued survey guidance related to COVID-19 vaccination issues. In QSO-22-17-ALL, CMS modified the frequency by which State Agencies and Accreditation Organizations will survey for compliance with the federal staff vaccine mandate applicable to health care providers and suppliers (discussed...

  • NY Gun Case Tops Day of Contentious Decisions: SCOTUS Today

    New York State Rifle & Pistol Association, Inc. v. Bruen is the long-awaited New York gun licensing decision that has been hotly debated since its filing. Especially in light of recent school shootings, that debate is likely to intensify now that the case has been decided. As many predicted, the decision, overturning the state’s statute, provides...

  • Can a Noncompete Increase Competitiveness? Arkansas Football Sure Hopes So.

    You don’t hear much positive news these days about noncompete agreements. Instead, most national media outlets take cases of extreme abuse and frame them as the norm instead of the outliers that they are. And the national media also often portrays employers in a negative light for allegedly forcing noncompetes on employees who purportedly have...

  • Employers, Are You Ready for a Possible Post-Roe Workplace?

    Employment issues to consider while awaiting decision in Dobbs v Jackson Women’s Health Organization The United States Supreme Court (“SCOTUS”) will imminently release its decision in Dobbs v Jackson Women’s Health Organization, and if the final ruling is consistent with the recently-leaked draft opinion (overturning Roe v Wade and Planned Parenthood v Casey), employers may...

  • The Pendulum Swings Both Ways: State Responses to Protect Reproductive Health Data, Post-Roe

    The U.S. Supreme Court is expected to imminently issue its opinion in the case Dobbs v. Jackson Women’s Health Organization (“Dobbs”). If the Court rules in a manner to overturn Roe v. Wade, states will have discretion in determining how to regulate abortion services.[1] Such a ruling would overturn nearly 50 years of precedent, leaving...

  • Six Down, 24 to Go: An Important Day for Health Care and Employment Lawyers – SCOTUS Today

    On June 15, the Court decided five cases and dismissed a sixth. A case of great importance to health care lawyers, regarding the availability of judicial review of Medicare rates for pharmaceuticals, and another of great importance to labor and employment lawyers, holding that a significant portion of the California Private Attorneys General Act’s (PAGA’s)...

  • New York’s Enactment of the Adult Survivors Act: What You Need to Know

    Recent New York legislation will afford a class of sexual abuse victims the opportunity to sue their abusers, where they previously would have been time-barred. On May 24, 2022, New York Governor Kathy Hochul signed into law the Adult Survivors Act (“ASA”) (S.66A/A.648A), which creates a one-year lookback window for alleged survivors of sexual assault...

  • U.S. Supreme Court’s Viking River Cruises Decision Is a Significant Victory for California Employers – at Least for Now

    The U.S. Supreme Court’s June 15, 2022 decision in Viking River Cruises v. Moriana could have a tremendous impact upon pending and future litigation, as well as employment practices in the state. For some California employers, it will impact pending Private Attorneys General Act (“PAGA”) litigation where the named plaintiff has an arbitration agreement with a...

  • The Time to Prepare for the Litigation Following New York’s Enactment of the Adult Survivors Act

    Recent New York legislation will afford a class of sexual abuse victims the opportunity to sue their abusers, where they previously would have been time-barred. On May 24, 2022, New York Governor Kathy Hochul signed into law the Adult Survivors Act (“ASA”) (S.66A/A.648A), which creates a one-year lookback window for alleged survivors of sexual assault...

  • Video: Federal Focus on Mental Health, FTC and Noncompetes, Gig Work Risks for Hospitals – Employment Law This Week

    As featured in #WorkforceWednesday:  This week, we take a look at the federal government’s recently announced focus on mental health. Renewed Federal Focus on Mental Health in the Workplace To coincide with Mental Health Awareness Month in May, the U.S. Department of Labor issued new Family and Medical Leave Act guidance, which explains when eligible...

  • One Step Closer to a Revised Standard for the Admissibility of Expert Testimony Under Rule 702

    The Judicial Conference of the United States’ Committee on Rules of Practice and Procedure seems poised to advance proposed amendments to Federal Rule of Evidence 702, after the Advisory Committee on Evidence unanimously voted to approve the proposed amendments and recommended that the Committee on Rules of Practice and Procedure refer the amendments to the...

  • Microsoft to Eliminate Noncompetes for Most Employees – a Harbinger of Things to Come?

    Microsoft Corp. announced last week that it is immediately eliminating noncompetes for all employees below the partner and executive levels, including doing away with all existing noncompetes for covered employees. In a June 8, 2022 blog post, Microsoft’s Deputy General Counsel and Vice President of Human Resources said the following: Empowering employee mobility: Microsoft believes...

  • Chicago’s Minimum Wage Increase Set to Take Effect July 1, 2022

    Chicago’s Mayor Lori E. Lightfoot and the Department of Business Affairs and Consumer Protection recently announced that the city’s minimum wage for various employers will increase per the Minimum Wage Ordinance (Ordinance), effective July 1, 2022. The minimum wage for July 1, 2022 will increase to: $14.50 per hour for Small Employers (employers with 4-20...

  • FTC Signals New Action on Noncompetes – but Is That the Will of the People?

    According to a report in the Wall Street Journal last week, the Federal Trade Commission is considering new regulations to prohibit the use of noncompetes and to target their use in individual cases through enforcement actions. Although President Biden issued a vague Executive Order early in his administration that “encourage[d]” the FTC to “consider” exercising...

  • U.S. DOL Releases Guidance on FMLA Leave and Mental Health

    On May 25, 2022, the U.S. Department of Labor announced that the Wage and Hour Division (WHD) published new Family and Medical Leave Act (FMLA) Guidance. The newly issued Fact Sheet #280 explains when eligible employees may take FMLA leave to address mental health conditions, and new Frequently Asked Questions (FAQs) offer explanations on how...

  • Court Refuses to Extend Bivens to Excessive Force and Retaliation Claims: SCOTUS Today

    Notwithstanding the fact that, as we approach the end of the term, the Court still had 30 cases to decide as of Wednesday morning, June 8, the day’s count has only been reduced by one. So, expect a flurry of cases with the most controversial of them (think firearms and reproductive rights) perhaps coming down...

  • A Recently-Released “Discussion Draft” of the “American Data Privacy and Protection Act” Provides Insight into Recent Bipartisan Efforts to Pass Nationwide Privacy Law

    As reported in a June 3, 2022 press release from the House Committee on Energy and Commerce, U.S. Representatives Frank Pallone, Cathy McMorris Rodgers, and Senator Roger Wicker released a “discussion draft” of a federal data privacy bill entitled the “American Data Privacy and Protection Act” (the “Draft Bill”), which would impact the data privacy...

  • Video: Return-to-Work Behavior Policies, U.S. Soccer’s Landmark Agreement, and Board Diversity in California – Employment Law This Week

    As featured in #WorkforceWednesday:  This week, we look at a range of recent anti-harassment and gender equity updates from across the country. Return-to-Work Behavior Policies and Training As employees across the United States have returned to the office, employers have seen an increased number of complaints about inappropriate behavior in the workplace. Not only are...

  • Another California Board Diversity Statute Struck Down in Court: Appeal to Be Filed

    For the second time this spring, a California statute designed to promote diversity in corporate boardrooms was blocked by a state judge. On May 13, 2022, in Crest v. Padilla I (Los Angeles Superior Court Case No. 19STCV27561) (Crest), Los Angeles Superior Court Judge Maureen Duffy-Lewis ruled that California Corporations Code Section 301.3 (SB 826),...

  • A Peaceful Resolution of Cases Concerning Arbitration, Medicaid, and Bankruptcy—All Involving Textual Analysis: SCOTUS Today

    The Court has started the week with three decisions emphasizing textual readings, two of them unanimous and a third drawing Justice Kagan into the majority with the Court’s six nominal jurisprudential conservatives. Let’s start with health care, a topic of interest to most Americans, though the ins and outs of reimbursement law, often involving state...

  • EEOC Issues Guidance on the ADA & Employer Use of AI Screening Tools

    Over the past several years, workplace artificial intelligence (“AI”) tools have matured from novel to mainstream.  Whether facilitating attracting, screening, hiring, and onboarding job applicants or charting the career path or promotability of current employees, workplace AI tools will likely become more prevalent.  Legislators and administrative agencies have taken note and are in various...

  • Unpacking Averages: Violations Found in Medical Device Warning Letters

    Most companies want to avoid FDA warning letters.  To help medical device companies identify violations that might lead to a warning letter, this post will dive deeply into which specific types of violations are often found in warning letters that FDA issues. Background As you probably know, FDA has a formal process for evaluating inspection...

  • “Material Changes” to New Hampshire’s Noncompete Law Proposed

    We have written recently about legislative action in various states concerning their restrictive covenant laws, including Washington state’s prohibitions on nondisclosure and nondisparagement provisions in employment agreements, a proposal in Connecticut to codify limitations on noncompetes, and a law passed in Colorado that would limit the use and enforcement of noncompetes and non-solicitation...

  • Supreme Court Holds That Judges Can’t Invent Rules Governing Arbitration Waiver

    Litigators who defend cases brought under the Fair Labor Standards Act (“FLSA”), particularly ‘collective actions” alleging wage-and-hour violations, often have been able to counter, or even sometimes support, allegations that arbitration agreements have been waived where the conduct of a party has caused prejudice to the other side. In the case of Morgan v. Sundance,...

  • “Queen for a Day” or Risk of Peril? Considerations for Proffering with the Government

    Imagine you’re a longtime employee of a company that operates in a highly regulated industry. Your employment has seen its ups and downs throughout the years, and you have witnessed many transitions: new policies and procedures implemented, new leadership appointed, and new rules and regulations with which your company must comply to remain in lawful...

  • Protecting Health Care Trade Secrets with Non-Competes and Other Covenants

    How can health care employers use non-competes and other restrictive covenants to protect trade secrets? Attorneys Erik Weibust and Katherine Rigby explore the options available to employers, in an article for Law360. Following is an excerpt: The health care industry is vast and encompasses a wide array of businesses as diverse as pharmaceutical and biotechnology companies,...

  • Borrower/Lender Disagreements in PPP Loan Forgiveness Applications

    As we wrote recently, the Paycheck Protection Program (“PPP”) was critical in helping small businesses stay afloat amidst the COVID-19 pandemic and resultant government restrictions on commerce. By now, most borrowers know that a crucial step in ensuring that they retain the benefits Congress intended is to submit a PPP loan forgiveness application. Unfortunately, in...

  • Video: AI Technology Regulations, Transparency in AI, OSHA’s Permanent COVID-19 Standard – Employment Law This Week

    As featured in #WorkforceWednesday: This week, we focus on compliance and transparency when using artificial intelligence (AI) tools in employment decision-making. The Future of AI Technology Regulations for Employers Regulations and enforcement are tightening for the use of AI technology in employment decisions, on both the state and federal level. What can employers do to ensure compliance?...

  • Washington State’s Silenced No More Act, Which Largely Prohibits Nondisclosure and Nondisparagement Provisions in Employment Agreements, to Go Into Effect June 9, 2022

    On March 24, 2022, Washington State signed into law the Silenced No More Act (the “Act”), greatly restricting the scope of nondisclosure and nondisparagement provisions employers may enter into with employees who either work or reside in Washington State. Effective June 9, 2022, the Act prohibits employers from requiring or requesting that an employment agreement...

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