Back in 2019, I wrote this:

For employers, the time is ripe to think about a new strategy going forward. That strategy may focus on protection of confidential information and specific non-solicitation clauses. Regardless, the time of using non-compete agreements broadly may be coming to an end soon.

The recent announcement of the proposed

Last week, I deleted the Twitter app off my iPhone as a bit of an experiment.  I’ve done this a few times before — but the start of the pandemic back in early 2020 had me going full on Twitter since then.  After all, if it’s important, it’s on Twitter, right?

Well, not exactly.  In fact, when I was sick for a few days, I kept turning to Twitter and finding…not much that merited the visit to the app — just boredom.  (Never fear though, I can still access it on my computer browser.)  Nevertheless, I wondered how much I’d miss if I just took it of my phone.

The first real answer came on Friday when news came of the Fifth Circuit’s beatdown decision to stay enforcement of the OSHA vax or test Emergency Temporary Standard.  Turns out you can hear about it the same time as others even without being on Twitter.

But what happened next was interesting for me — nothing. Without being on Twitter, I missed the immediate reactions, overreactions, snark, and, sure, some actual insights.

And that’s ok.

We are entering a time during this pandemic when the changes are happening more incrementally and slowly.  Perhaps we are headed for a modest 5th wave here, for example.  That might require employers to adjust on the fly again.  But speed isn’t everything right now.

Thus, with the luxury of a few more days to ponder and think, where are we now on the OSHA rule?
Continue Reading Court Stays OSHA ETS, But We Know All Too Well It’s Not the Last Word

Being sick over the last week brought me a lot of unexpected “gifts”.  Sure, there were the forced afternoon naps (oh, who’s kidding, even a morning nap too) .  The watching of “The Price is Right” at least once (or was it twice?). The early start of a post-pandemic diet.

But also the “gift” of

U.S. Department of Labor Headquarters

A federal district court in Texas yesterday struck down (once and for all?) the changes to the overtime rules proposed by the Obama Administration.  Previously, those rules (affecting the white collar exemptions) had been stayed, but the Court’s ruling suggests that there is a fatal

abahod1As I have for over a decade now, I attended the American Bar Association’s Annual Meeting last week serving on the ABA’s House of Delegates – the organization’s main governing body.  My exact position is actually State Delegate — a position that nominally makes the lead delegate of Connecticut’s delegation, though in practice it’s much

wheelchairOver the weekend, I finished planning for our webinar tomorrow on the new overtime rules.  In digging deeper into the materials produced by the Department of Labor on the final rule, I looked at the use of volunteers as a solution — particularly for non-profit organizations.

For the “for-profit” world, this is probably not a

For several years, one of the most popular posts on my blog was the one where I listed the mileage reimbursement rate for businesses.  It’s been relatively stable, but this year brings about another small change.

In any event, the new rate became effective January 1, 2015. Remember, this is the optional standard mileage rates.

Readers of a certain vintage, will remember Gilda Radner’s character Emily Litella who often said “Never Mind”.  (If you’ve never heard of Gilda Ratner or this, then I’ll pause while you watch this classic video.)  Readers of a later vintage will think of Nirvana’s “Nevermind”. If you just want the dictionary definition, here