Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

WEBINAR SERIES RECAP | Employment & Labor

Client Alert, Multimedia
November 15, 2023

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.

Bryan MeekAmanda L. WaeschAshley WatsonLabor and Employment Law
Client Alert

Substance Use Disorder Providers: 42 CFR Part 2 Now Enforceable

April 15, 2026Updates to 42 CFR Part 2 are now enforceable, bringing significant changes to how substance use disorder (SUD) records are handled. The Final Rule aligns Part 2 more closely with HIPAA, introduces updated penalties, allows a single patient consent for treatment, payment, and operations, and adds new requirements for Notices of Privacy Practices. It also creates a formal definition of SUD counseling notes and imposes strict consent requirements for their use and disclosure. Providers should review and update policies to ensure compliance.Client Alert

AAA Introduces AI-Assisted Arbitrator for Certain Disputes

April 7, 2026The American Arbitration Association has introduced an AI-assisted arbitration platform designed to streamline certain document-based disputes. While a human arbitrator still makes the final decision, the technology can improve efficiency, reduce costs, and accelerate case resolution. Companies should weigh these benefits against considerations such as transparency, risk, and contractual requirements before adopting AI-assisted arbitration.Client Alert

Quiet Hours Texts and TCPA Claims: Consent Remains King as Courts Divide on Text Messages

March 31, 2026Businesses face increasing TCPA lawsuits over off-hours marketing texts, but recent court decisions highlight strong defenses. Clear consumer consent and updated terms and conditions can defeat many claims, while a growing number of courts are finding that text messages are not “telephone calls” under the statute. Proactive compliance measures, including clickwrap agreements and forum-selection clauses, are critical to reducing risk.Client Alert

New Ohio Reporting Requirements for Non-Residential Contractors

March 18, 2026Ohio’s E-Verify Workforce Integrity Act, effective March 19, 2026, requires all nonresidential construction companies, subcontractors, and labor brokers to use E-Verify to confirm employee work eligibility on projects across the state. The law applies regardless of company size and carries financial penalties and potential restrictions on future state contracts for noncompliance. Some uncertainty remains around requirements for existing employees, making early compliance planning important.Client Alert

DOT Non-Domiciled CDL Rule

March 11, 2026A new rule from the Federal Motor Carrier Safety Administration (FMCSA) will significantly narrow eligibility for non-domiciled Commercial Driver’s Licenses (CDLs) beginning March 16, 2026. The rule limits eligibility to holders of H-2A, H-2B, and E-2 visas and eliminates Employment Authorization Documents (EADs) as qualifying proof of work authorization. As a result, many lawfully present and work-authorized immigrants, including refugees, asylees, DACA recipients, and Temporary Protected Status holders, will no longer be able to obtain or renew a non-domiciled CDL. The change is expected to affect roughly 194,000 drivers nationwide and has prompted multiple legal challenges, including a pending emergency stay request before the United States Court of Appeals for the District of Columbia Circuit.
Older posts