The Massachusetts Supreme Judicial Court (SJC), the Commonwealth’s highest court, recently clarified the standards applicable to analyzing nonsolicitation and anti-raid restrictive covenants following the sale of a business—an area of law where state appellate court jurisprudence had been lacking. The SJC’s recent decision in Automile Holdings, LLC v. McGovern, SJC-12740 (January 14, 2020), highlights the differences between nonsolicitation agreements formulated in the context of employment relationships and those arising out of the sale of…
Administration Releases FY2021 Budget. D.C. policy watchers dove headfirst into President Donald Trump’s 2021 budget this week, looking for clues and insights into where the administration may be heading in a variety of policy matters. Though federal law requires the president to release a budget, the utility of the exercise is dubious, as Congress retains the “power of the purse” and ultimately makes the decisions on where to allocate federal funds. The budget is instead…
The Supreme Court of California recently agreed to review the California Court of Appeal’s decision in Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239 (2019), as limited to the following question: Did the Legislature intend the term “regular rate of compensation” in Labor Code section 226.7, which requires employers to pay a wage premium if they fail to provide a legally compliant meal period or rest break, to have the same…
On February 7, 2020, the Centers for Disease Control and Prevention (CDC) issued its Interim Guidance for Businesses and Employers to Plan and Respond to 2019 Novel Coronavirus (2019-nCoV), February 2020. The interim guidance contains numerous recommendations employers may wish to consider as questions relating to the coronavirus 2019-nCoV arise. The new CDC guidance for employers recommends employers take certain actions now, as well as continue planning for a possible 2019-nCoV outbreak in…
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has released guidance for the 2019 Novel Coronavirus (2019-nCov). OSHA notes that measures for protecting workers depend on the “the type of work being performed and exposure risk, including potential for interaction with infectious people and contamination of the work environment.” OSHA recommends that employers “adapt infection control strategies based on a thorough hazard assessment.” Most U.S. Workers At Low Risk OSHA indicates…
On January 31, 2020, the Pennsylvania Independent Regulatory Review Commission approved the Pennsylvania Department of Labor and Industry’s (DLI) amendments to 34 Pa. Code Chapter 231, the regulations that exempt executive, administrative, and professional (“white collar”) salaried workers from overtime requirements under the Pennsylvania Minimum Wage Act of 1968. Under the regulations, for an employer to classify an employee as exempt and ineligible for overtime, the employee must be paid a certain minimum salary and…
The Department of Homeland Security (DHS) has suspended New Yorkers’ eligibility to apply for or renew their enrollment in four Trusted Traveler Programs (TTPs) administered by Customs and Border Protection (CBP). The suspension went into effect on February 5, 2020, in response to New York’s Driver’s License Access and Privacy Act, commonly called the “Green Light Law.” The new law, which expands the forms of identification that applicants can use to obtain drivers licenses…
On February 6, 2020, the U.S. Court of Appeals for the Third Circuit vacated U.S. District Judge Mitchell S. Goldberg’s prior order partially blocking the City of Philadelphia’s pay equity ordinance from going into effect. The previously enjoined provision of the ordinance, known as the “Inquiry Provision,” prohibits employers from engaging in any of the following behaviors: inquiring about a prospective employee’s wage history; requiring disclosure of wage history; conditioning employment or an interview on…
Workplace romances are inevitable. According to a recent survey by the Society for Human Resource Management, one out of every three American adults is or has previously been in a workplace romance. Given this reality, coupled with the #MeToo movement and the resulting renewed emphasis on preventing workplace sexual harassment, it is important to have a basic understanding of the key practical and legal issues surrounding workplace relationships. Below are answers to five common…
On February 6, 2020, the House of Representatives passed H.R. 2474, The Protecting the Right to Organize Act of 2019 (PRO Act). The PRO Act would fundamentally alter federal labor law by dramatically tilting the playing field in favor of labor unions at the expense of employers and employees. The act would make the following changes to federal law: 1. Enact Obama-Appointed NLRB Decisions The National Labor Relations Board (NLRB) decisions handed down by…