September 24, 2021

Volume XI, Number 267

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#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans

U.S. Supreme Court Employment Law Decisions in Review

The Supreme Court’s term ended on July 1, 2021. Attorney Stuart Gerson discusses two main cases from the term with labor and employment implications, Cedar Point Nursery v. Hassid and TransUnion LLC v. Ramirez. He also discusses the Court's interest in ERISA, including a case in which the Court granted certiorari that employers may wish to track in the next term.

Biden Takes Action to Limit Non-Competes

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy, which encourages the Federal Trade Commission to employ its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Executive Order, Section 5(g). Read more.

Deadline Approaching for NY Employers’ Model Safety Plans

The clock is ticking for New York employers to adopt workplace safety plans, in accordance with the NY HERO Act. The law imposes significant workplace health and safety obligations, including mandating that New York employers adopt airborne infectious disease exposure prevention plans. Learn more.

Other Highlights

Virginia Implements New Overtime Laws

As of July 1, Virginia employers must ensure compliance with the Virginia Overtime Wage Act, which differs from the federal Fair Labor Standards Act in several ways. Read about these differences.

Pregnant Workers Fairness Act Could Become Law

The Pregnant Workers Fairness Act, which recently passed in the House, has been introduced each term of Congress since 2012. With bipartisan support and a Democratic majority, the legislation appears much more likely to pass this time around. If enacted, employers should review and update their workplace policies and procedures to ensure compliance.

 

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 195
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About this Author

Stuart Gerson, Health Care Attorney, Epstein Becker Law Firm
Member of the Firm

STUART M. GERSON is a Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm's Washington, DC, and New York offices. Much of Mr. Gerson's practice has been centered on providing representation to clients in the health care industry (including insurers, hospitals, pharmaceutical manufacturers, managed care providers, and private equity funds, among others). He has extensive experience litigating cases involving the cybersecurity of health care information, trade secrets, and other confidential data as well as civil...

202-861-4180
George Carroll Whipple III, Epstein Becker Green, Workforce Management Lawyer, Hiring Matters Attorney
Member

GEORGE CARROLL WHIPPLE, III, is a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the New York office of Epstein Becker Green. He hosts the firm's innovative weekly video program, Employment Law This Week.

Mr. Whipple:

  • Counsels employers on workplace issues, including hiring and promotion, firing and discipline, wage and hour, and the implementation of employment policies, to ensure compliance with federal and state laws

  • ...
212-351-3773
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