On September 9, 2021, the Biden Administration announced the U.S. Labor Department (DOL) will issue an emergency rule requiring companies with 100 or more employees to ensure employees are either fully vaccinated or test negative for Covid-19 at least once a week. This emergency rule was one part of a series of aggressive initiatives to combat Covid-19 issued by the Biden Administration. President Biden explained the motivation for the DOL’s upcoming rule: This is a…

This past week Trinity Health announced it would require its employees and contractors to be vaccinated against COVID-19. Under a rolling schedule, current employees must comply with the policy by September 21. People hired after September 1 must be vaccinated within 14 days. Trinity’s announcement follows Henry Ford Health System’s decision announced in June that its workforce must get vaccinated by September 10, 2021. See Dustin Walsh from Crain’s Detroit Henry Ford Health System to …

A court decision from the Third Circuit clarified requirements for making a trade secret misappropriation claim under the Defend Trade Secrets Act (”DTSA”).  At the pleading stage (the beginning phase of a lawsuit), the Court allowed a plaintiff to pursue its claims under a less demanding threshold of proof of the actual trade secrets and evidence of misappropriation than the lower court had required.  Trade secret plaintiffs will still need to provide the detailed factual…

Michigan’s Unemployment Insurance Agency (UIA) reinstated its work search requirements for unemployment benefit claimants. This reinstatement went into effect on May 31, 2021. Exceptions and exemptions remain. Beginning in March 2020, the UIA suspended its work search requirements. This suspension stemmed from the significant number of Michiganders facing unemployment because of the Coronavirus pandemic. Work Search Requirements Claimants, however, must now actively seek work and report at least one work search activity per week for…

On June 3, 2021, the U.S. Supreme Court issued a ruling that significantly limits the “exceeds authorized access” clause of the Federal anti-hacking statute called the Computer Fraud and Abuse Act of 1986 (CFAA). Here is a copy of the opinion (Van Buren v U.S.) Why the CFAA Opinion Matters: Without proper planning, this ruling will drastically limit remedies and strategies employed by companies against former employees accused of wrongfully accessing information stored on company…

A lawsuit stemming from a company’s termination over off-duty conduct that went viral on social media is a reminder of the need to properly handle disciplinary actions. The lawsuit also reflects the increasing trend employers’ are forced to respond to – reacting to social media incidents of employee conduct outside the workplace. It also reflects the risks employers face over terminating an employee for such issues. Below we offer suggestions for limiting these risks. Going…