RECEIVE ATTORNEY FEE REIMBURSEMENT UP TO $2,000 FROM THE BUREAU OF WORKERS’ COMPENSATION When was the last time you updated your employee handbook and personnel policies? If the answer is you can’t remember or if you know it has been at least a year ago, now may be a good time for a handbook review to make sure your business is compliant with the latest changes in state and federal laws and to minimize your litigation risks. A good handbook review should also be customized to ensure not only that your business has all necessary policies but also that these …
Court Rules Federal Trade Commission (FTC) Cannot Enforce Ban on Non-Compete Agreements
On August 20, 2024, a federal district court in Texas struck down the Federal Trade Commission’s sweeping ban on non-compete agreements. This nationwide injunction is a comfort to many employers just weeks before the FTC’s final rule was to go into effect on September 4th, 2024. If left alone, the FTC final rule would have invalidated millions of employment contracts. Although the FTC’s final rule carved out narrow exceptions, such as for pre-existing non-compete agreements for highly compensated senior executives, it would have invalidated the vast majority of pre-existing non-compete agreements and prevented employers from entering into new non-compete agreements. …
Federal Trade Commission (FTC) Proposes Rule to Ban Noncompete Clauses
On January 5, 2023, the FTC released a Notice of Proposed Rulemaking that would prohibit employers from executing noncompete agreements with paid or unpaid employees, independent contractors, interns, volunteers, and apprentices. In addition to prohibiting employers from enforcing new noncompete agreements, the proposed rule would also operate retroactively to render existing noncompete clauses unenforceable and require employers to inform employees subject to a noncompete that the noncompete is void within 45 days of the rule’s implementation. The FTC proposed rule defines noncompete clauses to mean “a contractual term between an employer and a worker that prevents the worker from seeking …
The Latest on OSHA: Sixth Circuit Lifts Stay of OSHA Emergency Temporary Standard
As we have described previously in recent months, several precarious federal mandates have been issued by the administration of President Biden as the country works its way toward recovery from the COVID-19 pandemic. On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS), requiring that all employers with 100 or more employees either mandate COVID-19 vaccination for all employees or allow employees to elect weekly COVID-19 testing. In the most recent court challenge, this mandate, originally stayed by the Fifth Circuit Court of Appeals, has been reinstated by the Sixth Circuit Court of Appeals. Inevitably, the next stop will …
New Ohio COVID-19 Law Provides Businesses with Broad Immunity
On September 14, 2020 Governor DeWine signed House Bill 606 (the “Legislation”) into law giving many businesses protection from lawsuits due to COVID-19 and other infections. Specifically, the Legislation provides that no person is liable for a civil action for damages, injury, or death due to COVID-19 or similar illnesses unless the person engages in reckless conduct, intentional misconduct, or willful or wanton misconduct. These immunity provisions will become retroactive to March 9, 2020 and remain in effect until September 30, 2021. The definitions in the Legislation make it clear that the term “person” protects not only individuals but also …