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WEBINAR SERIES RECAP | Employment & Labor

Client Alert, Multimedia

BMD Partner and Co-Chair of the Employment & Labor Law Group, Bryan Meek, presented this four-part webinar series.

The Future of Non-Compete Enforcement and Methods for Employer Protection

Originally Aired October 11, 2023

Speakers: Bryan Meek and Amanda Waesch

Non-compete agreements are becoming heavily restricted, and proposed regulations from the federal government further threaten their existence as a tool for employers to protect trade secrets, customer bases, and exclusivity. Learn about the restrictive changes coming for non-competes, how employers can prepare, and other tools that are available to employers to protect business interests.


Employee Misclassification and Discrimination in the Workplace

Originally Aired October 25, 2023

Speaker: Bryan Meek

Terminated employees are increasingly filing for discrimination investigations at state and federal level discrimination agencies. These filings range from gender and race-based discrimination to improper coordination of the interactive process under the Americans with Disabilities Act. In addition, employees are now banding together to bring filings challenging their exemption classifications or classifications as contractors, which lead to class action lawsuits against companies. We discuss the increase in discrimination and wage & hour filings, what employers can do to protect themselves, and what employers should do when they become subject to discrimination and harassment investigations.


Employee Marijuana Use in the Era of Legality

Originally Aired November 8, 2023

Speakers: Bryan Meek and Ashley Watson

Marijuana legalization is taking the country by storm with new states legalizing recreational or medical use of marijuana each year.  Are employers required to allow use of marijuana as a recreational drug outside of work hours? Can employees still be fired if they test positive for marijuana use? Do employers have to allow their employees to use marijuana as prescribed for the treatment of an ailment or disability? Are there added limitations for healthcare workers when it comes to the use of marijuana? Find out the answers to all of your questions regarding the use of marijuana in the workplace.


The New Pregnant Employee Protections in the Workplace

Originally Aired November 15, 2023

Speaker: Bryan Meek

This year, the United States witnessed the biggest changes to pregnant employee discrimination protections since the adoption of the Pregnancy Discrimination Act of 1978. As a result, pregnant employees and those that are breastfeeding have more significant protections in the workplace than ever before. Get to know the Pregnant Workers Fairness Act and the Pump Act, as well as how to engage with pregnant employees when seeking accommodations.


Starting an Advanced Practice Provider Practice

Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.

FTC Increases Targeting of Companies Lacking Cyber Protection

The Federal Trade Commission (FTC) recently released a comprehensive cybersecurity report outlining key findings and recommendations based on emerging threats, trends in data breaches, and strategies for businesses to enhance their cybersecurity posture observed over the last year.

New Federal Medical Conscience Rule and Its Implications

The Department of Health and Human Services Office for Civil Rights issued a Final Rule to clarify protections for healthcare providers who refuse services based on religious or moral beliefs. This includes protection against discrimination for refusing procedures like assisted suicide or abortion. The OCR can receive complaints, conduct investigations, and enforce these protections. Entities are encouraged to update policies accordingly and display a model notice provided by the OCR.

Marijuana Reclassification and APRN/PA Prescribing

Marijuana is expected to be reclassified by the Drug Enforcement Administration (DEA) from a Schedule I controlled substance to a Schedule III controlled substance as a result of efforts by the Biden administration.

Federal Trade Commission Voids Non-Compete Agreements Nationwide

On April 23, 2024, the U.S. Federal Trade Commission (“FTC”) issued its Final Rule containing regulations impacting non-compete agreements across the country for all employees. The Final Rule implements some of the most impactful changes to employment law during this century. The Final Rule will take effect 120 days from its publication in the Federal Register, which we expect to occur within the next few weeks.