By Jesse M. Coleman and Owen Wolfe

A federal court in Texas recently provided useful insights on what constitutes “solicitation” by a former employee under that employee’s restrictive covenant with his former employer, and the court provided further insights on what inferences courts will, and will not, draw in favor of a plaintiff seeking a preliminary injunction based on alleged
Continue Reading Federal Court Provides Insight on Meaning of “Solicitation” and Plaintiff’s Burden on Motion for Preliminary Injunction

By Justin K. Beyer

Seyfarth Synopsis: The ongoing saga of DC’s controversial Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) logged another chapter last week when the DC Council passed a further amendment delaying the effective date of the Act from April 1, 2022, until October 1, 2022.

The Act, which was originally passed in December 2020,
Continue Reading The Effective Date of DC’s Non-Compete Ban Delayed Yet Again

By Daniel I.Small and Robert S.Whitman

Seyfarth Synopsis: This week, Governor Hochul announced that she will lift the mask-or-vaccinate mandate for nearly all public places of business on February 10, 2022.  The New York Department of Labor has now revised its model safety plan under the HERO Act to eliminate the mask requirement in most settings.  Other HERO Act
Continue Reading UPDATED: New York Lifts Mask-or-Vax Mandate and HERO Act Masking Requirement

By Adam R. YoungRobert T. Szyba, Robert S. Whitman, and  Craig B. Simonsen

Seyfarth Synopsis: The New York Department of Labor published “Frequently Asked Questions” which address occupational cannabis issues under the adult-use cannabis and the Marijuana Regulation and Taxation Act (MRTA).

New York State has legalized medical and recreational marijuana, and
Continue Reading New York Department of Labor Attempts to Prohibit Drug Testing for Cannabis, Employment Actions Against Some Employees Who are Impaired at Work

By Adam R. YoungMelissa A. Ortega, and Craig B. Simonsen

Seyfarth Synopsis: On October 28, 2021, an amendment to the Illinois Health Care Right of Conscience Act passed the Illinois General Assembly and made its way to Governor Pritzker’s desk. The amendment creates a COVID-19 carve-out, but it will not go into effect until June 1,
Continue Reading A Swing and a Miss: Right to Conscience Objections to COVID-19 Vaccinations to Endure Until June 2022

By Daniel I. Small and Robert S. Whitman

Seyfarth Synopsis: With little fanfare and no public reporting, the New York Commissioner of Health extended the designation of COVID-19 as highly contagious, thereby requiring employers to keep their safety plans activated through October 31, 2021. 

As previously reported (herehere, and here), New York State’s health
Continue Reading NY HERO Act Update: Safety Plans Must Remain in Place

By Daniel I. Small and Robert S. Whitman

Seyfarth Synopsis: The deadline for employers to distribute their airborne disease prevention safety plan and post the plan in the workplace is approaching. 

As previously reported, the New York Department of Labor has published general and industry-specific model disease prevention protocols under the New York HERO Act. Employers were required to
Continue Reading NY HERO Act Update: Deadline to Distribute and Post Safety Plan Days Away

By 

Seyfarth Synopsis: As previously reported here, on February 22, 2021, New Jersey Governor Phil Murphy signed A21, the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (CREAMMA), which is enabling legislation for the amendment to the New Jersey Constitution making lawful the recreational use of marijuana in the state.

While the new


Continue Reading New Jersey Cannabis Regulatory Commission’s “Personal Use Cannabis Rules” Do Not Provide Guidance About Employer Drug Testing Practices

By James L. CurtisAdam R. Young, and Craig B. Simonsen

Seyfarth Synopsis: Labelling the Delta-variant surge as the “Pandemic of the Unvaccinated,” on August 26, 2021, Illinois Governor J.B. Prtizker announced that Illinois residents must wear masks indoors, and that school and health care staff must be vaccinated.

Cook County and the City of Chicago both had
Continue Reading Illinois Governor Announces Mask Mandate for All Indoor Settings, Regardless of Vaccination

By: Lauren Parris Watts, Lisa Nichols, and Patrick Joyce

Seyfarth Synopsis: In light of the record-breaking heat wave, Washington state announced new emergency rules to provide outdoor workers with additional protections from heat exposure. These rules update the existing Outdoor Heat Exposure mandates, and are in effect as of July 13, 2021.

On July 9, 2021, Washington announced
Continue Reading Washington State Mandates Additional Protections For Outdoor Workers