Appealing A Court Decision All is not lost. If you’ve gotten an adverse ruling in a lawsuit, you may be able to turn it around on appeal. But an appeal is not a re-do of the trial court argument. The burdens, inferences and presumptions in the appellate court are different. ...
GOOGLE GOT SLAPPED – EMPLOYEE CONFIDENTIALITY AGREEMENTS ARE TOO BROAD AND EQUATE TO AN ILLEGAL NON-COMPETE High tech and entertainment companies in California are known for requiring that employees sign broad non-disclosure agreements or confidentiality agreements (“NDAs”). A California judge ruled last week that the Google’s NDAs are too broad...
NOPE – US SUPREME COURT SAYS LARGE EMPLOYERS DO NOT HAVE TO FOLLOW ADMINISTRATION’S VACCINE RULE Today, the U.S. Supreme Court stopped the Biden administration’s COVID-19 vaccination requirement that employees at large businesses be vaccinated or undergo weekly testing and wear a mask on the job. But, the Court allowed...
SAY IT AIN’T SO: EMPLOYERS ADVISED TO FIRE UNVACCINATED? State courts across the country have upheld employers' mandatory vaccination policies. Those decisions are winding their way toward the Supreme Court, which will likely have to weigh in on the enforceability of the Occupational Safety and Health Administration's (“OSHA”) emergency temporary rules...
NEW EMPLOYMENT LAWS FOR 2022 It is a new year, with new employment laws. Here’s a synopsis: No More Confidentiality Provisions In Settlement Agreements California law previously prohibited the use of confidentiality provisions in settlement agreements involving claims of sexual assault, sexual harassment, and sex discrimination. Now, the legislature broadened...
Employers Must Pay Employees for Deminimus Startup Time Booting up work computers takes time. The call center representative employees (CCRs) at Nelnet Diversified Solutions LLC (“Nelnet”) had to clock in after their computers were up and running and software was launched, but they were not being paid for that time....
OSHA’s COVID-19 Vaccine-Testing Mandate Back in Effect On December 17, the Sixth Circuit Court of Appeals lifted the nationwide stay on the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) that had been imposed by the Fifth Circuit, requiring the ETS’s employer vaccination and testing requirements for COVID-19...
WHEN IS IT AN UNDUE HARDSHIP FOR AN EMPLOYER TRYING TO WORK THROUGH A COVID-19 VACCINE ACCOMMODATION REQUEST? Employers face medical and sincerely held religious belief objections to COVID-19 vaccinations and anti-discrimination laws (e.g., Americans with Disabilities Act (“ADA”) and Title VII of the Civil Rights Act of 1964 (“Title...
Federal Appeals Court in New Orleans Blocks Federal Mandatory Vaccine Requirements for Large Employers The 5th U.S. Circuit Court of Appeals in New Orleans issued a stay temporarily blocking the Federal mandatory vaccination requirement for employers with 100 or more employees. The U.S. Department of Labor (“DOL”) immediately responded saying...
TODAY - OSHA ISSUED GUIDANCE FOR VACCINE MANDATES By December 4, 2021, large employers (those with over 100 employees, including remote and part time employees - everybody) must put in place vaccine mandate requirements for employees. Today OSHA issued the Emergency Temporary Standards (“ETS”) for large employers and Frequently Asked...