#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans

Employment Law This Week® - Episode 217


Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers.

Video: YouTube, Vimeo.

U.S. Supreme Court Employment Law Decisions in Review

The Supreme Court’s term ended on July 1, 2021. Attorney Stuart Gerson discusses two main cases from the term with labor and employment implications, Cedar Point Nursery v. Hassid and TransUnion LLC v. Ramirez. He also discusses the Court's interest in ERISA, including a case in which the Court granted certiorari that employers may wish to track in the next term.

Biden Takes Action to Limit Non-Competes

On July 9, 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy, which encourages the Federal Trade Commission to employ its statutory rulemaking authority “to curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” Executive Order, Section 5(g). Read more.

Deadline Approaching for NY Employers’ Model Safety Plans

The clock is ticking for New York employers to adopt workplace safety plans, in accordance with the NY HERO Act. The law imposes significant workplace health and safety obligations, including mandating that New York employers adopt airborne infectious disease exposure prevention plans. Learn more.

Other Highlights

Virginia Implements New Overtime Laws

As of July 1, Virginia employers must ensure compliance with the Virginia Overtime Wage Act, which differs from the federal Fair Labor Standards Act in several ways. Read about these differences.

Pregnant Workers Fairness Act Could Become Law

The Pregnant Workers Fairness Act, which recently passed in the House, has been introduced each term of Congress since 2012. With bipartisan support and a Democratic majority, the legislation appears much more likely to pass this time around. If enacted, employers should review and update their workplace policies and procedures to ensure compliance.

Tune In Tomorrow, July 15

As vaccination rates continue to climb, companies are deciding how to reopen their workplaces safely, and whether—and to what extent—to allow remote workers. Join us tomorrow, July 15, at 1:00 pm ET for Part I of our Future of Work series, which explores return-to-work issues and more. Register here.

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