New COVID-19 Testing Guidance, NLRB Increases Use of Injunctive Relief, D.C. Amends Near-Universal Ban on Non-Competes

This week, we update you on new COVID-19 guidance and union organizing and non-compete trends at the federal and local levels.

Employment Law This Week® - Episode 264
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January 1, 2020

Video: YouTube, Vimeo.

Podcast: Apple Podcasts, Google Podcasts, Overcast, Spotify, Stitcher.

EEOC Updates Guidance on COVID-19 Testing of Employees

Updated guidance from the U.S. Equal Employment Opportunity Commission states that mandatory COVID-19 testing is no longer automatically justified and that employers should now only mandate testing when it is “job-related and consistent with business necessity” to avoid Americans with Disabilities Act violations.

NLRB Steps Up Use of Injunctive Relief

The National Labor Relations Board is increasing its pursuit of injunctions under Section 10(j) of the National Labor Relations Act to protect employees engaged in union organizing efforts. This reflects that the agency is adopting an aggressive stance when considering charges alleging retaliation against employees involved in union activity and will be taking strong action against employers.

D.C. Loosens Restrictions on Non-Competes

On July 12, the D.C. Council passed amendments to its near-universal ban on non-compete agreements. The amendments relax some of the tightest restrictions in the nation to bring the District of Columbia more in line with states’ efforts to limit non-competes.

Other Highlights

Mission (Im)possible: Recent Cases Hold That Pandemic-Related Disruptions Do Not Relieve Contractual Performance
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Robert Travisano, Lucas Peterhans

Protecting AI-Generated Inventions as Trade Secrets Requires Protecting the Generative AI as Well
IP Watchdog
Erik Weibust

Creating a Safe Environment for Employees
Katy’s Korner
Greg Keating

N.Y. Sexual Harassment Regulations in Line for Zoom-Era Update
Bloomberg Law Daily Labor Report
Nancy Gunzenhauser Popper

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