As previously noted in our Coolidge Wall blog (https://www.coollaw.com/blog/2023/01/ftc-proposes-rule-to-ban-noncompete-clauses/), on January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking called the “Non-Compete Clause Rule” (the “Proposed Rule”). The Proposed Rule would prohibit employers in most industries from executing or maintaining noncompetition agreements with their employees and other workers. This exercise of executive branch power would interfere with the ability of companies and individuals to enter contracts, in the name of preventing “restraints on trade.”  The Proposed Rule would literally void noncompetition agreements already in existence, and it would, we predict, have enormous unintended negative consequences …
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 …
Ohio’s New Concealed Carry Gun Law: How Does It Impact Private Employers?
Effective June 13, 2022, Ohio Senate Bill 215, permits “qualifying adults” to legally carry, possess, and conceal a handgun without a license, background check, or training requirements. According to the new statute, codified at Ohio Revised Code § 2923.125A: Regardless of whether the person has been issued a concealed handgun license, … a person who is a qualifying adult may carry a concealed handgun that is not a restricted firearm anywhere in this state in which a person who has been issued a concealed handgun license may carry a concealed handgun. A “qualifying adult” must, among other criteria, be at …
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 …
The State of Stays: Federal Vaccine Mandates Suspended for Now
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. These federal mandates have imposed significant burdens on private industry by sapping much-needed corporate resources, creating a sense of overreach and invasiveness, and alienating vaccine-resistant employees at the exact moment many employers are trying desperately to rev back up and to revitalize the economy. The mandates have been implemented primarily by three executive-branch sources affecting three huge sectors of the economy: Executive Order 14042 affecting federal contractors, …
OSHA Issues Emergency Temporary Standard for Large Employers
The U.S. Occupational Safety and Health Administration (OSHA) issued its long-awaited Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to ensure that their employees are either fully vaccinated against COVID-19 or are tested on a weekly basis. This ETS compliments previous efforts by the federal government to address the COVID-19 pandemic, including Executive Orders requiring federal contractors and federal employees to be vaccinated, and regulations issued by the Centers for Medicare and Medicaid Services (CMS) requiring vaccination for employees of health care facilities. Legal Challenges Legal challenges opposing the ETS have already been filed in various U.S. …
New COVID-19 Vaccine Mandate and Regulations Affecting Large Employers and Federal Contractors
President Joe Biden announced on September 9 that the federal government will require companies with 100 or more employees to ensure their employees are vaccinated against COVID-19 or test negative for COVID-19 at least once a week. The new requirements will be issued by the Occupational Safety and Health Administration (OSHA) in an Emergency Temporary Standard (ETS) in the coming weeks. It is expected that OSHA will give employers a limited time to get their employees vaccinated after the standard becomes effective or be subject to fines of up to $14,000 per violation. Employers will also be required to provide …
Coolidge Wall to Speak at the 2021 Dayton Area Chamber of Commerce Talent 360 Forum
Coolidge Wall is pleased to be presenting at the annual Dayton Area Chamber of Commerce Talent 360 Forum:    Wednesday, March 31, 2021    Options for both in-person and virtual participation!    In Person Location: Marriott University of Dayton    8:30 am to1:30 pm Coolidge’s Marc Fleischauer, chair of the firm’s Labor and Employment Department, will be talking to the area’s HR professionals and others about trending legal topics including: Ohio Discrimination Tort Reform for Employers Reduced Statute of Limitations Elimination of Supervisor Liability Mandatory Administrative Process Coordination with Federal Law What’s …
Ohio Passes Employment Law Uniformity Act Shortening Statutes of Limitation
On January 12, 2021, Governor DeWine signed HB 352 into law, which brings Ohio’s anti-discrimination statute in line with existing federal law. Among other things, the law does the following key things which benefit employers: Reduces the statute of limitations for most discrimination claims to two years instead of six; Requires claimants to exhaust their administrative remedies and undergo scrutiny in most cases from the Ohio Civil Rights Commission instead of simply proceeding with a lawsuit; Protects managers and supervisors from suit unless they retaliate for opposing a discriminatory practice, aid a discriminatory practice, or obstruct a person from complying …
House Bill 81 Brings Changes to Ohio Workers’ Compensation Law
Governor DeWine approved House Bill 81, which makes several significant changes to Ohio Workers’ Compensation law. The changes made by the legislation will go into effect on September 14, 2020. Now is the time to familiarize yourself with how these changes will affect your business. The new statutory language will be set forth in Ohio Revised Code §4123.56(F) and will state, “If an employee is not working or has suffered a wage loss as the direct result of reasons unrelated to the allowed injury or occupational disease, the employee is not eligible to receive compensation under this section.” Applying the …
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