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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.


January 2025 Notice of Proposed Rulemaking Brings Notable Changes to HIPAA Security Rule

In January 2025, the U.S. Department of Health and Human Services proposed amendments to the HIPAA Security Rule, aiming to enhance cybersecurity for covered entities (CEs) and business associates (BAs). Key changes include mandatory compliance audits, workforce training, vulnerability scans, and risk assessments. Comments on the proposed rule are due by March 7, 2025.

Corporate Transparency Act Effective Again

The federal judiciary has issued multiple rulings on the enforceability of the Corporate Transparency Act (CTA), which took effect on January 1, 2024. Previously, enforcement was halted nationwide due to litigation in Smith v. U.S. Department of the Treasury. However, on February 18th, the court lifted the stay, reinstating the CTA’s reporting requirements. Non-exempt entities now have until March 21, 2025, to comply. Businesses should act promptly to avoid civil penalties of $591 per day and potential criminal liability.

Status Update: Physician Noncompete Agreements in Ohio

Noncompete agreements remain enforceable in Ohio if they meet specific legal requirements. While the AMA and FTC have challenged these restrictions, courts continue to uphold reasonable noncompete provisions for physicians. Recent cases, like MetroHealth System v. Khandelwal, highlight how courts may modify overly restrictive agreements to balance employer interests with patient care. With ongoing legal challenges to the FTC’s proposed ban, Ohio physicians should consult a healthcare attorney before signing or challenging a noncompete agreement.

Immigration Orders and Their Economic Impact on Small Business: Insights from Attorney and Former Immigration Judge Rob Ratliff

President Trump's recent executive orders, targeting immigration policies, could significantly impact small businesses in Ohio, particularly those owned by undocumented immigrants. With stricter visa vetting, halted refugee admissions, and potential deportations, these businesses face uncertainty, workforce disruption, and closures. Ohio's immigrant-owned businesses, especially in food services and transportation, contribute billions to the state economy, and any disruption could result in economic ripple effects.

Corporate Transparency Act Ruling from the U.S. Supreme Court

The U.S. Supreme Court recently ruled on the enforceability of the Corporate Transparency Act (CTA), lifting an injunction previously imposed by the Fifth Circuit. However, a separate nationwide injunction remains in effect, meaning businesses are still not required to comply with the CTA’s reporting requirements. FinCEN continues to accept voluntary reporting while enforcement remains paused.