Articles and Blogs

The Eighth Circuit Court of Appeals (the “Eighth Circuit”) recently held in Howard v. City of Sedalia (“Howard“) that a hospital was not required to accommodate a pharmacist’s request to keep a service dog in the workplace because such accommodation was considered a “personal item,” providing assistance to her both on and off the... READ MORE

On June 13, 2024, the Supreme Court published its opinion in Starbucks v. McKinney. The Supreme Court held that the National Labor Relations Board (“NLRB” or “Board”) must satisfy the traditional, four-factor test for injunctions. In short, the decision makes it more difficult for the NLRB to successfully claim injunctive relief while adjudicating alleged... READ MORE

In a much-anticipated ruling entered on July 3, 2024, a federal judge in the Northern District of Texas (“the Court”) temporarily blocked, via a preliminary injunction, the implementation of the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). The injunction will remain in effect until the Court issues a final merits-based decision on... READ MORE

As previously discussed here, on April 23, 2024, the Federal Trade Commission (“FTC”) voted to adopt a final rule banning a majority of workers’ non-compete clauses (“Final Rule”). The Final Rule is set to go into effect on September 4, 2024. Nevertheless, pending litigation may delay the Final Rule or negate it entirely, and... READ MORE

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issues its final Enforcement Guidance on harassment in the workplace (the “Guidance”). We previously reported about the EEOC’s proposed guidance on workplace violence in this post when it was initially introduced in October 2023. The Guidance was influenced by the Supreme Court’s recent decision in Bostock v. Clayton, which held that Title VII’s prohibition... READ MORE

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2 along party lines to adopt a final rule (the “Final Rule”) banning most companies from entering into or enforcing non-compete clauses. Adoption of the Final Rule comes after more than a year of review following the publication of the Proposed Rule in early... READ MORE

On April 17, 2024, the United States Supreme Court issued an important decision under Title VII of the Civil Rights Act of 1964 (“Title VII”) which clarifies the harm necessary to make a claim of discrimination actionable when the claim rests on a job transfer. Title VII provides, in part, that it is unlawful... READ MORE

In the recent case of Murray v. UBS Securities LLC et al., the U.S. Supreme Court unanimously ruled that whistleblowers do not need to show retaliatory intent as part of a retaliation claim against an employer under the Sarbanes-Oxley Act (“SOX”), which governs corporate financial reporting and recordkeeping. The Supreme Court reinstated a $900,000... READ MORE

On January 11, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued a Final Rule entitled “Safeguarding the Rights of Conscience as Protected by Federal Statutes” (the “2024 Final Rule”). The 2024 Final Rule, which will take effect on March 11, 2024, seeks to clarify the mechanisms... READ MORE

Through the passage and signing of House Bill 4520 (“HB 4520”) and House Bill 4521 (“HB 4521”), the Michigan legislature and Governor Gretchen Whitmer recently took steps to increase financial penalties for those committing violence in the health care workplace. These bipartisan laws amend the Michigan Penal Code by doubling fines imposed on persons... READ MORE