The global coronavirus pandemic has had a multitude of effects on how employers conduct business and manage their workforces. But as employees start to return to work, employers must be mindful of how to address those who leave and potentially violate their noncompetition agreements. As we settle into the “new normal,” the Restrictive Covenant team with Faegre Drinker’s Labor & Employment group has identified four considerations for employers seeking to enforce restrictive covenants and protect trade secrets.
Author: LaborSphere
COVID-19 State and Local Employment Law Developments
As COVID-19 cases have swept across the country, state and local governments have reacted by issuing various orders and guidance affecting employers and their employees. Although it is not possible to discuss all related state and local developments that have occurred, this update provides a brief overview of some of these developments to help you maintain compliance for your organization.
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Pennsylvania to Establish Small Business Loan Program for Businesses Impacted by COVID-19
On March 25, 2020, Governor Tom Wolf announced a $60 million COVID-19 Working Capital Access Program (CWCA), administered by the Pennsylvania Industrial Development Authority (PIDA), to provide loans of up to $100,000 for small businesses within the Commonwealth adversely impacted by the COVID-19 epidemic.
“Hair Love” Coming to a Jurisdiction Near You
With the Oscar win for best animated short film, Hair Love shone a spotlight on California’s CROWN Act (Create a Respectful and Open World for Natural Hair), which prohibits discrimination based on natural hairstyles and textures. Bills addressing hairstyle discrimination are now pending in 21 statehouses around the country, with several municipalities considering their own legislation. With companion bills already pending in the U.S. Senate and House of Representatives, a version of the CROWN Act is likely to become law in a jurisdiction near you soon.
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New Amendment to the PA Background Check Requirements for Employees Who Have Contact with Children
Effective December 31, 2019, Pennsylvania amended section 6344(m) of the Child Protective Services Law (CPSL), which pertains to background checks for employees who have contact with children. Specifically, the amendment prohibits employers, administrators, supervisors or other persons responsible for employment decisions from employing applicants on a provisional basis absent a waiver from the department. Child day-care centers, group day-care homes or family child-care homes may apply for a one-time extension not to exceed 45 days only if the following conditions are met.
Illinois Amends Recreational Marijuana Statute to Clarify Employers’ Rights
On December 4, 2019, Illinois Governor J.B. Pritzker signed into law amendments to the Illinois Cannabis Regulation and Tax Act (Illinois Cannabis Act) that clarify employer rights to enforce reasonable workplace drug policies once recreational marijuana use becomes legal in Illinois on January 1, 2020. As originally drafted, the Illinois Cannabis Act created confusion for employers as to whether they could lawfully test and/or discriminate against applicants who tested positive for cannabis, based on pre-employment and off-duty use of the drug.
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