[UPDATED 12/7/2022: Speak Out Act signed by President Biden] Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment....
Content By Maribeth Meluch
Independent Contractor vs. Employee: Proposed Rules to Prevent Misclassification
On Oct. 11, 2022, the U.S. Department of Labor announced a proposed rule entitled Employee or Independent Contractor Classification Under the Fair Labor Standards Act that redefines how to classify workers. The proposed rule updates the test for determining whether a...
How Should Employers Respond to the New Age of Unionism?
Previously, we published content alerting you to the increase in union activism and successful union campaigns. Starbucks now has more than 300 of its locations in the throes of union campaigns. Employers targeted by recent union organization efforts may be new to the...
Biometrics and AI in the Workplace: Boon or Bane?
Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security and workplace monitoring, all of which can necessitate new approaches brought on by the...
How Will Ohio’s New Permitless Concealed Carry Law Impact the Workplace?
Employers in Ohio may have finally become comfortable with Ohio’s concealed carry firearms law and revised their handbooks to incorporate new policies on how they would address their employee’s rights to carry concealed firearms. However, with Governor DeWine’s...
New FTC Action on Data Security: Here’s What You Should Know
On Aug. 11, 2022, the Federal Trade Commission announced a Notice of Proposed Rulemaking regarding the collection, sharing and use of certain information which it refers to as “commercial surveillance data” and whether the use of that data constitutes a violation of...
How Should Employers Respond to the Monkeypox Public Health Emergency?
Since May 2022, the United States has experienced the single largest Monkeypox outbreak in the nation’s history. In fact, on Aug. 4, 2022, the Biden Administration declared Monkeypox a national public health emergency. While not expected to reach pandemic levels,...
Can the Justices Add Clarity to the Salary Basis Test for White Collar Overtime Exemptions?
The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have been asked to construe a regulation under the...
New Ohio Law Limits Overtime Compensation
Beginning July 6th of this year, Ohio employers will be impacted by a new set of rules for hourly employees in regard to their overtime pay. Last week, Governor DeWine signed Ohio Senate Bill 47 into law. It was touted as a much-needed legal gauntlet to protect Ohio...
Intellectual Property in the Metaverse
Goods and Services in the Metaverse Recent news articles are replete with references to the proliferation of trademark applications filed with the USPTO by various enterprises and high-profile personalities to register trademarks relevant to the sale of goods and...