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Articles by Raphael Coburn
Top Noncompete Developments of 2022 | JD Supra
2022 was a relatively quiet year in terms of noncompete developments. However, both state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition and employee non-solicitation agreements may be enforced.
OSHA Requires Employers with 100+ Employees to Ensure Their Employees Are Vaccinated or Submit to Weekly Testing | JD Supra
Today, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that their employees who report to a workplace are vaccinated against COVID-19 or that unvaccinated employees who report to a workplace submit to weekly COVID-19 testing.
OSHA Issues COVID-19 Emergency Temporary Standard for Certain Health Care Settings and Updates its Guidance for All Industries | JD Supra
On June 10, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) for health care workers in response to the COVID-19 pandemic and also updated its guidance for all industries. While the updated guidance took effect immediately, the ETS will take effect on the date the document is published in the Federal Register (which has yet to be determined).
OSHA Defers to CDC Mask Guidance for Vaccinated Workers | JD Supra
On Monday, May 17, 2021, the federal Occupational Safety and Health Administration (OSHA) updated its website to reflect that employers should refer to recent guidance from the Centers for Disease Control and Prevention (CDC) regarding fully vaccinated people. According to OSHA, it is still “reviewing the recent CDC guidance and will update [its] materials on [its] website accordingly.
Preview of Things to Come? Lawsuit Challenges Employer’s COVID-19 Vaccine Mandate
Access to COVID-19 vaccines continues to expand in the United States, and employers are navigating many questions about employee vaccinations and return to work. Current polling shows a substantial number of workers are hesitant about getting the shots or may refuse to be vaccinated against the virus. Now, a New Mexico employee has filed what appears to be one of the first lawsuits opposing an employer’s vaccination mandate.
New Federal OSHA COVID-19 National Emphasis Program and Enforcement Response Plan Targets Industries and Activities for Inspection | JD Supra
On March 12, 2021, the U.S. Occupational Safety and Health Administration (OSHA) released a new National Emphasis Program (NEP) designed to “significantly reduce or eliminate worker exposures to [COVID-19]” by targeting specific “high-hazard industries or work tasks” with greater frequency of close contact between workers for on-site inspections, outreach, and compliance assistance related to COVID-19 prevention and response measures.
Preview of Things to Come? Lawsuit Challenges Employer COVID-19 Vaccine Mandate | JD Supra
Access to COVID-19 vaccines continues to expand in the United States and employers are navigating many questions surrounding employee vaccination and return to work. Current polling shows a substantial number of American workers are hesitant about or may refuse to be vaccinated against COVID-19. Now, an employee in New Mexico has filed what appears to be one of the first lawsuits opposing an employer’s vaccination mandate.
The Impact of COVID-19-Related Factors on Courts’ Enforcement of Employee Post-Employment Restrictive Covenants | JD Supra
In the best of economic times, some courts can be reluctant to grant immediate injunctive relief and enjoin an employee from working in order to enforce employee post-employment restrictive covenants. Now that we are in the midst of a global pandemic and an economic recession, that challenge has grown.
10th Circuit Ruling Shows LGBTQ Case’s Ripple Effect
In the wake of the U.S. Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBTQ community, many have wondered how the decision might affect other employment litigation under Title VII of the Civil Rights Act of 1964.
Tenth Circuit Ruling Shows Bostock’s Impact on Title VII Employment Litigation | JD Supra
In the wake of the Supreme Court’s landmark ruling in Bostock v. Clayton County, Georgia, which extended federal statutory protections to the LGBT community, many have wondered how that decision might impact other employment litigation under Title VII of the Civil Rights Act of 1964. The Tenth Circuit’s recent decision in Frappied v. Affinity Gaming Black Hawk, LLC, No. 19-1063 (10th Cir.
Tenth Circuit Ruling Shows Bostock’s Impact on Title VII Employment Litigation
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OSHA Updates Its COVID-19 Recordkeeping Guidance, Giving Employers Helpful Guardrails | JD Supra
COVID-19 has reached virtually the entire country, and both employers and employees in a broad range of industries have experienced outbreaks. At the same time, the government and private sector continue to take steps to slow the virus’s spread and protect employees while adapting to the new business environment.
Seventh Circuit: BIPA Claims Can Be Heard in Federal Court | 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.
Top 10 Noncompete Developments of 2019 | JD Supra
If there was any question about whether there is a growing national trend to limit the enforceability of noncompetition agreements, 2019 settled the matter. Seven states enacted new statutes designed to limit the circumstances in which noncompetition agreements may be used.
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