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Articles by John Birmingham Jr.
Tips on Winning a Labor Arbitration
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China’s Ministry of Commerce Releases Draft Provisions Targeting Foreign Entities Over Trade Secret Infringement
On October 26, 2026, China’s Ministry of Commerce (MOFCOM) released the Special Provisions on Protecting China’s Trade Secrets (Draft for Comment) (保护中国商业秘密特别规定（征求意见稿）). Despite its title, the Draft does not address general trade secret protection.
The EEOC’s Annual Reports Reflect Its Priorities and Set Future Expectations
On April 6, 2026, the Equal Employment Opportunity Commission (EEOC) issued its FY 2027 Agency Performance Plan (APP) and its FY 2025 Agency Performance Report (APR). It also released the litigation report for FY 2025 from its Office of General Counsel. These reports describe the results achieved by the Trump administration’s EEOC and provide insight about its activities moving forward.
The EEOC’s Annual Reports Reflect Its Priorities and Set Future Expectations
On April 6, 2026, the Equal Employment Opportunity Commission (EEOC) issued its FY 2027 Agency Performance Plan (APP) and its FY 2025 Agency Performance Report (APR). It also released the litigation report for FY 2025 from its Office of General Counsel. These reports describe the results achieved by the Trump administration’s EEOC and provide insight about its activities moving forward.
AI Hiring Targeted by Class Action and Proposed Legislation | JD Supra
As in almost every area, Artificial Intelligence (AI) is rapidly changing the way that employees are recruited and hired. AI resume screening and candidate matching tools promise to make the hiring process more effective, efficient, and economical. A survey showed that 70 percent of employers plan to use AI in the hiring process by the end of 2025. However, claims of discrimination and unfairness threaten to derail, or at least slow down, AI’s momentum. In May 2025, in Mobley v.
EXPERT INSIGHTS-ARE WORKFORCE REDUCTIONS COMING TO THE PRIVATE SECTOR? AND, IF SO, HOW SHOULD COMPANIES HANDLE THEM?
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Are Workforce Reductions Coming to the Private Sector? And, if so, How Should Companies Handle Them? | JD Supra
Massive federal workforce reductions (once a rare event) have been featured prominently in the news lately, along with reports of criticism about the way they are occurring. Will private companies follow suit? Some economic signs, such as the continuing low unemployment rate, do not point in that direction. However, layoffs increased 28% in January as compared to the previous month, and WARN filings, as well as increasing company announcements of projected future layoffs, .
FTC Finalizes Rule Against Employee Noncompetes | JD Supra
On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC first announced its proposal to ban noncompetes in 2023, prompting over 26,000 public comments in response. The FTC has been reviewing these comments ever since, culminating in this week’s vote during an open meeting of the five-member Commission.
Recent Union Success Should Wake Up Employers | JD Supra
After years of declining membership and tepid contract results, American unions are gaining momentum. In November 2023, following a six-week strike, the UAW (under the leadership of its president, Shawn Fein) secured historic wage increases of over 25% and other benefits. Unions in other industries, including healthcare, entertainment, and transportation, have also successfully employed a more aggressive approach, as there were almost 400 strikes in 2023.
Will the Supreme Court’s Decision Rejecting Race-Conscious College Admission Programs Impact Corporate DEI Initiatives? | JD Supra
On June 29, 2023, the U.S. Supreme Court decided that the use of race by Harvard University and the University of North Carolina in their student admissions programs violates the Equal Protection Clause of the 14th Amendment as well as Title VI of the Civil Rights Act of 1964. While the Court’s opinion is limited to affirmative action in education, it is certainly worth considering how its approach could affect diversity, equity, and inclusion (DEI) programs in the workplace.
Speak Out Act Speaks (But Not Dramatically) | JD Supra
On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act prohibits pre-dispute agreements not to disclose sexual harassment and assault allegations. Supported by #MeToomovement advocates, and enjoying a level of bipartisan support, the Act is designed to facilitate transparency and to allow victims of sexual harassment to communicate their stories. However, while employers need to be aware of the Act and its requirements, it does not represent a sea change.
Colorado Joins Movement to Limit Non-Competes to High Earners | JD Supra
Coming just a few months after criminalizing the enforcement of illegal non-competes , Colorado has placed further limitations on restrictive covenants. On May 10, 2022, the Colorado legislature passed HB22-1317, narrowing the permissible scope of non-competes.
Revised Michigan COVID-19 Health Recommendations Highlight Tensions Between State Requirements; CDC Protocols | JD Supra
On December 2, 2020, the Centers for Disease Control and Prevention (the “CDC”) amended its guidelines to shorten the quarantine time period in situations when an individual has been in close contact with someone who has tested positive or has symptoms of COVID-19. Data from a CDC study indicates that 99% of all infections will develop within 10 days of exposure.
Is A Federal Ban on Noncompetes Coming? | JD Supra
Noncompete agreements, through which an employee promises not to compete with an employer during or after employment, have been a part of the marketplace for many years. While they must be supported by a legitimate business purpose and meet reasonableness requirements in terms of duration, geography and scope, noncompetes are permissible in most states. As the new administration takes over, that may change, as Joe Biden has previously expressed that he believes noncompete agreements hurt workers.
A Patchwork of Legal Requirements Complicates Michigan Employers’ COVID-19 Response | JD Supra
As the COVID-19 pandemic continues into the winter months, the legal landscape for employers trying to navigate COVID related requirements grows ever more complicated and challenging. Employers are faced with a long list of COVID related issues requiring their action. How should the employer screen employees? What happens when an employee tests positive after being present in the workplace?
AFL-CIO Files Emergency Petition Demanding Formal COVID-19 Action from OSHA | JD Supra
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), along with other unions, advocacy groups, and some members of Congress, repeatedly has criticized OSHA’s response to the COVID-19 crisis as being insufficient to ensure worker safety during the pandemic. To that end, on March 4 and 6, 2020, the union petitioned OSHA, demanding that the agency create an Emergency Temporary Standard (ETS) for infectious diseases to protect workers during the COVID-19 pandemic.
Dealing With Worker Recall Challenges Caused by the Coronavirus Unemployment Benefit Expansions | JD Supra
In reaction to the Coronavirus crisis, states loosened unemployment benefits eligibility rules and the federal government significantly expanded benefits through The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on March 27, 2020. While many viewed such measures as necessary, they have created incentives that are inconsistent with restarting factories and other businesses.
Debunking Conventional Labor and Employment Wisdom | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Employee Need Not Give Severance Back Before Moving Forward | JD Supra
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Arbitrator Awards $40 Million in Gender and Sexual Orientation Case | JD Supra
Employers face several trade-offs when considering the implementation of mandatory arbitration policies. One of the positive attributes of arbitration, from an employer’s perspective, is the avoidance of a runaway jury award. However, a recent arbitration decision provides a reminder that arbitration does not necessarily foreclose a huge award.
OSHA Inspections are on the Rise: Will You Be Ready?
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