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The Modern Workplace

The Modern Workplace

  • Posts by Dion Farganis
    Associate

    Dion Farganis represents clients in a wide range of employment and general commercial litigation matters, including trade secrets, non-compete agreements, shareholder disputes, patent infringement cases, and contract ...

In early January, the Federal Trade Commission (FTC) announced a proposed rule that would ban the use of non-compete agreements by employers in the United States. The rule is a proposed, not final, rule and could face a number of legal challenges that might prevent it from taking effect. Therefore, while employers should be aware that major changes may lie ahead, there is still time to plan and prepare.

The FTC’s proposed rule is sweeping. With only limited exceptions, it would retroactively invalidate all existing non-compete agreements between employers and employees and bar ...

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EEOC Updates Guidance on COVID-19 and the ADA

On October 13, 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance regarding vaccination and other COVID-related workplace issues, providing businesses with important information as they continue to navigate evolving rules and regulations related to the pandemic. The key development from this round of updates is that the EEOC has now clarified that there is no cap or limit under federal employment discrimination laws enforced by the EEOC on the size of vaccine incentives offered by an employer to ...

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The Equal Employment Opportunity Commission (EEOC) has issued an important update to its COVID-19 guidance. Most notably, the update provides long-awaited guidance on mandatory vaccination policies and vaccination incentives—both of which we discussed in earlier blog posts and client alerts

Mandatory Vaccinations

The EEOC’s updated guidance makes clear that, under employment discrimination laws, an employer can require its employees to be vaccinated for COVID-19 before physically entering the workplace, subject to the reasonable accommodation provisions of the ...

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With two COVID-19 vaccines already authorized for emergency use in the United States and more likely forthcoming soon, employers are asking whether they can and should require employees to get vaccinated. This alert identifies some of the major issues that employers are likely to face when rolling out policies related to vaccinations. 
Can Employers Require Employees to Get Vaccinated?

Recently released guidance from the federal Equal Employment Opportunity Commission (EEOC) strongly suggests that employers can require employees to get vaccinated. Although the guidance does ...
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The Supreme Court recently heard oral argument in a series of cases that will determine whether federal employment discrimination protection extends to sexual orientation and gender identity. The Courts decisions in the cases could have a far-reaching impact on employers nationwide.


Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex and national origin. At issue in the trio of cases currently before the Court is whether sex applies to sexual orientation and gender identity. If it does, gay, lesbian, and transgender ...
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