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Client Alerts, News Articles, Blog Posts, & Multimedia
Everything you need to know about BMD and the industry.
Multimedia, Client Alert
Nationwide Ban on Non-Compete Agreements: Requirements and Texas Court Decision Explained
September 4, 2024
Watch this Employment Law After Hours video to find out about the Federal Trade Commission’s (FTC) groundbreaking Final Rule that bans non-compete agreements nationwide. This video also explores the recent decision by the Northern District of Texas to enjoin and delay the implementation and enforcement of the Final Rule banning non-compete agreements nationwide.
Posted by
Bryan Meek
Client Alert
Columbus, Ohio Ordinance Prohibits Employers from Inquiries into an Applicant’s Salary History
January 30, 2024
Effective March 1, 2024, Columbus employers are prohibited from inquiring into an applicant’s salary history. Specifically, the ordinance provides that it is an unlawful discriminatory practice to:
Posted by
Daphne Kackloudis and Mercedes Sieg
Client Alert
Corporate Transparency Act Update
December 27, 2023
The Corporate Transparency Act (“CTA”), with an effective date of January 1, 2024, is set to impose strict reporting guidelines on business owners throughout the country. The following provides a brief update on two aspects of the CTA ahead of its effectiveness next week.
Posted by
Blake Gerney and Jacob Davis
Client Alert
NLRB Issues Final Rule on Joint-Employer Status
November 20, 2023
On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on determining joint-employer status, departing from its prior 2020 standard. The final rule provides that two or more entities may be considered “joint employers” if each entity has an employment relationship with employees and if the entities share or codetermine one or more employees’ essential terms and conditions of employment. The final rule goes into effect on December 26, 2023, and will only be applied to cases filed after the effective date.
Posted by
John Childs, Bryan Meek, and Mercedes Sieg
Client Alert
The DOL and EEOC Enter a Partnership to Strengthen Federal Employment Law Enforcement
October 23, 2023
On September 13, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (MOU) agreeing to work together in enforcing federal employment laws. The MOU forms a partnership between the two agencies to encourage coordination through information sharing, joint investigations, training, and outreach.
Posted by
Bryan Meek and Mercedes Sieg
Multimedia, Client Alert
Pregnant Employee Protections - New Requirements for Employers
April 11, 2023
New protections are coming to the workplace for pregnant employees in 2023! In the most sweeping changes since the Pregnancy Discrimination Act of 1978, two new federal laws were recently passed: (1) the PUMP for Nursing Mothers Act (otherwise known as the Pump Act), and (2) the Pregnant Workers Fairness Act. The requirements of these statutes will require employers with more than 15 employees to implement new policies for their handbooks.
Posted by
Bryan Meek
Client Alert
The Pregnant Workers Fairness Act - What Employers Need to Know
February 17, 2023
Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) will require employers with at least 15 employees to provide reasonable accommodations for qualified employees with pregnancy-related restrictions unless doing so would impose an undue hardship on the employer.
Posted by
Bryan Meek and Hayley Kick
Client Alert
Five Major Trends for Employers to Watch Out For in 2023
December 19, 2022
Five Major Trends for Employers to Watch Out For in 2023: Major changes may be on the horizon for noncompete clauses. The EEOC is gearing up to file more discrimination lawsuits against employers. The Department of Labor is poised to raise the salary threshold for exempt employees under the FLSA. Unionization momentum may slow in 2023. ESG is the new norm to attract and retain talent.
Posted by
Haley E. Kick, Adam D. Fuller, Bryan Meek
Multimedia
Employment Law After Hours VIDEO - Top 10 Red Flags When Interviewing
June 24, 2022
This week on Employment Law After Hours with our own, Brian Meek, Brian discusses the Top 10 Red Flags When Interviewing, how to spot those red flags, how to respond when hiring candidates, what questions to ask during an interview, and more!
Posted by
Bryan Meek
Client Alert
The Masks Are Back: New OSHA Regulations for Healthcare Employers
June 11, 2021
Employment Law After Hours is back with a News Break Episode. Yesterday, OSHA published new rules for healthcare facilities, including hospitals, home health employers, nursing homes, ambulance companies, and assisted living facilities. These new rules are very cumbersome, requiring mask wearing for all employees, even those that are vaccinated. The only exception is for fully vaccinated employees (2 weeks post final dose) who are in a "well-defined" area where there is no reasonable expectation that any person with suspected or confirmed COVID-19 will be present.
Posted by
Bryan Meek
Client Alert
Employer Liability for COVID-19 Vaccine Side Effects
June 9, 2021
As employers encourage or require employees to obtain a COVID-19 vaccine, they should be aware of OSHA recording obligations and potential workers’ compensation liability. Though OSHA has yet to revise its COVID-19 guidance in response to the latest CDC recommendations, OSHA has revised its position regarding the recording of injury or illness resulting from the vaccine. Until now, OSHA required an employer to record an adverse reaction when the vaccine was required for employees and the injury or illness otherwise met the recording criteria (work-related, a new case, and meets one or more of the general recording criteria). OSHA has reversed course and announced that it will not require recording adverse reactions until at least May 2022, irrespective of whether the employer requires the vaccine as a condition of employment. In its revised COVID-19 FAQs, OSHA states:
Posted by
Stephen Matasich
Blog Post
COVID-19 Legal Issues Update and Ask Us Anything Webinar Recording
January 5, 2021
Join Brennan Manna Diamond Employment & Labor law Member Jeffrey Miller and Healthcare & Employment law Partner Bryan Meek on December 10 ET for 'COVID-19 Legal Issues Update and Ask Us Anything' webinar.
Posted by
Jeffrey C. Miller and Bryan Meek
Client Alert
UPDATE - Vaccine Policy Considerations for Employers
January 4, 2021
If you read our post from November, you’re already an informed employer. This first post of 2021 is to share good news, give a few updates, and answer some other common questions. Q: What’s the Good News? First, the EEOC confirmed that employers may require employees receive the COVID-19 vaccine. Second, polling indicates that the number of Americans who said they will receive a vaccine has increased from around 63% to over 71%. The number of Americans who are strongly opposed to a vaccine is about 27%. Third, initial returns show that the efficacy rate for certain vaccines is as high as 95% for some at-risk recipients.
Posted by
Jeffrey C. Miller
Client Alert
BMD Obtains Supreme Court Victory on Behalf of Sterilite of Ohio, LLC
August 28, 2020
Columbus, Ohio – On August 26, 2020, the Supreme Court of Ohio issued its opinion in Lunsford v. Sterilite of Ohio, LLC, Slip Op. No. 2020-Ohio-4193. The Supreme Court’s 4-3 decision reversed an Ohio Court of Appeals ruling that had reinstated a putative class action against Sterilite brought by a group of current and former employees claiming that Sterilite’s use of “direct observation” urinalysis screening violated their common law right to privacy.
Posted by
BMD Employment Litigation Practice Group
Client Alert
Return to School Stress Amid COVID-19
August 20, 2020
The COVID-19 global pandemic has undoubtedly made the transition back to school unpredictable, causing stress for employers, school districts, educators, parents, and students.
Posted by
Bryan Meek with Monica Andress
Client Alert
UPDATE: Ohio Businesses Remain Required to Post Exceptions to State-Wide Mask Mandate at All Entrances
August 3, 2020
On August 1, 2020, Lance D. Himes, Interim Director of the Ohio Department of Health, issued an amended order continuing the requirement that Ohio businesses post at all entrances any permitted exceptions they provide to customers, patrons, visitors, contractors, vendors and similar individuals to use facial coverings.
Posted by
Adam D. Fuller
Client Alert
With Summer Vacation on the Way, Are Employees Still Entitled to Childcare Leave under EFMLEA?
May 13, 2020
Distance learning/homeschooling is finally starting to wrap-up for millions of students across America, a perhaps welcomed end for many, and summer vacation will soon begin. As summer vacation begins, your employees may have questions as to whether they qualify for child care leave under the expanded FMLA (“EFMLEA”), which many employees used over the last few months to receive partial compensation while they were away from work to care for their children. Now, employers with fewer than 500 employees must take note of additional guidance recently published concerning qualification for childcare leave.
Posted by
Bryan Meek
Client Alert
Essential Businesses during COVID-19: Identification and Operation FAQs
April 14, 2020
During the COVID-19 pandemic, the ability to classify your business as “essential” could be the key to its survival. Almost every state in the United States has imposed a “stay-at-home” or “shelter-in-place” order that restricts the types of businesses that can remain open. In fact, as of the writing of this alert, there are only seven states that have not imposed state-wide restrictions on which businesses can stay open during the Coronavirus pandemic and even those states have individual cities and counties that have imposed stricter orders. However, these orders are not always clear, and interpretation is often left to the individual business. This alert will answer some of the most common questions about essential businesses.
Posted by
Ashley B. Watson and BMD Employment & Labor Team
Client Alert
Coronavirus Update for Employers - March 16, 2020
March 16, 2020
The key point for Employers to remember: It will be difficult for Employers to make a wrong decision. The Coronavirus/COVID-19 is a “pandemic,”, which means that there is sustained human-to-human transmission which is not geographically contained. It also means that Employers are given leeway in their workforce decisions. “During a pandemic, employers should rely on the latest CDC and state or local public health assessments.” – EEOC Employers are expected to make their best efforts to obtain public health advice that is contemporaneous and appropriate for their location, and to make reasonable assessments of conditions in their workplace based on this information.
Posted by
Jeffrey C. Miller
Blog Post
The National Labor Relations Board “Joint Employer” Ruling
August 13, 2015
On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).
Posted by
John N. Childs