EEOC Guidance Regarding COVID-19 Vaccinations

Last week, the United States Equal Employment Opportunity Commission (EEOC) firmed up its guidance to employers regarding mandatory COVID-19 vaccinations. Subject to certain restrictions and potential accommodation requests, the EEOC’s position is that employers may require employees to be vaccinated before returning to the workplace. Still, employers considering administering the vaccine, either directly or through a third party, should proceed with caution.

For the full alert, visit the Faegre Drinker website.

The Final Countdown: The Clock Is Ticking for Brexit

After years of negotiation and preparation, free movement between the United Kingdom and the European Union will end from 31 December 2020. In this episode, Faegre Drinker’s Hodon Anastasi provides a high-level overview of how post-Brexit immigration control policies will impact those accustomed to traveling between the U.K. and the European Economic Area (EEA), including:

  • What will U.K. nationals need in order to travel to EU Member States and the Schengen travel area? What restrictions and border requirements will they face?
  • What does the end of free movement mean to EEA nationals traveling to or residing in the U.K.? Does Brexit impact citizens with Settled or Pre-Settled Status?

The Faegre Drinker Immigration Law Podcast is a podcast all about immigration and only about immigration. Each episode will tackle a timely topic in immigration law, with the aim of making these complicated and often misunderstood issues less daunting, more accessible, and maybe even a little fun. Tune in for future episodes on the latest news, developments and challenges in the world of immigration law — and thank you for listening!

OFCCP Issues Last Directive Under CERT Principles for OFCCP Policies and Practices

When the Office of Federal Contract Compliance Programs (OFCCP) first adopted the Certainty, Efficiency, Recognition and Transparency (CERT) principles, the agency’s aim was simple: Improve governance and help the federal contracting community better understand their obligations. With the December 15 release of the Certainty Directive — the fourth and final directive under the CERT principles — the OFCCP has established a process to ensure clarity, which commits the agency to ongoing review and clarification of its policies and practices.

Continue reading “OFCCP Issues Last Directive Under CERT Principles for OFCCP Policies and Practices”

OFCCP Issues Final Rule to Clarify the Application of Executive Order 11246’s Religious Exemption

The Office of Federal Contract Compliance Programs (OFCCP) continued its clarity tour last week, publishing a final rule in the Federal Register regarding Executive Order 11246 and its religious exemption. The final rule explains the types of contractors that qualify for religious exemption and elucidates the latitude of such contractors to make employment-related decisions based on religion. The OFCCP maintains that its goal was to acknowledge case law permitting religious organizations to apply religious belief defenses to claims of alleged unlawful employment discrimination, but opponents believe the final rule impermissibly protects the free exercise of religion above protecting the rights of the LGBTQ community.

Continue reading “OFCCP Issues Final Rule to Clarify the Application of Executive Order 11246’s Religious Exemption”

Biden Proposes Nationwide Non-Compete Ban

President-Elect Biden recently released his “Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions.” His Plan states that “Biden will work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets, and outright ban all no-poaching agreements,” which are common in franchisor/franchisee and other arrangements. The foregoing statement is consistent with Biden’s previous comments about eliminating non-compete restrictions and no-poaching agreements while on the campaign trail, as well as with the Obama administration’s call for states to ban non-compete agreements.

Continue reading “Biden Proposes Nationwide Non-Compete Ban”

Ixchel Pharma, LLC v. Biogen, Inc.: Opening the Door to Non-Compete Agreements Between Businesses in California

In a recent decision, Ixchel Pharma, LLC v. Biogen, Inc.,[1] the Supreme Court of California opened the door for some restrictive covenants between commercial enterprises, but it left alone California law generally prohibiting post-employment restrictive covenants with employees.
Continue readingIxchel Pharma, LLC v. Biogen, Inc.: Opening the Door to Non-Compete Agreements Between Businesses in California”