Mindblown: a blog about philosophy.
-
Do Employers Risk Suit if the Don’t Keep Up with the CDC’s Covid Guidance?
Lawsuits are Coming for Entities That Don’t Change COVID Mandates After CDC Update, Says Head of the New Civil Liberties Alliance.
-
What Risks do Employers Face if They Mandate COVID Shots in the Absence of Federal Mandates?
The Biden administration earlier this year issued three national mandates through OSHA, the CMS (see below) and the Department of Defense (DoD).
-
Does Asking Someone’s Vaccine Status Violate the ADA?
Making Medical Inquiry Can Violate the Americans with Disabilities Act. Robin Shea of the Costangy, Brooks employment law firm posted this on Friday, 10/8/21: https://www.constangy.com/employment-labor-insider/asking-for-vax-status-pre-offer-not
-
Are COVID Indemnity Laws Void if a State’s Emergency Declaration is Overturned?
David Horowitz wrote an article on Wednesday, June 9th, analyzing the court decision holding the state’s COVID restrictions unconstitutional.
-
LAUSD Backs Down on Experimental COVID-19 Vaccine Mandate
California School Boards Association Concedes Merits of Lawsuit by Health Freedom Defense Fund (HFDF).
-
OSHA: Employers may be Liable for Adverse Reactions to COVID Shots
Adverse Reactions to Mandatory Vaccinations are OSHA – Recordable.
-
Third Strike Against CDC Eviction Moratorium
In my 4/8/2021 post CDC Eviction Moratorium has two Strikes Against It, I wrote that two Federal District (i.e., trial) Courts had ruled against the moratorium.
-
Why Employers May Not Want to Mandate Vaccinations
Eric’s 4/23/20201 email from The Employer Handbook is titled: Why you might not want to mandate COVID-19 vaccinations at work. Plus, Oreo cake, a beverage (or two), and some COBRA.
-
CDC Eviction Moratorium has two Strikes Against It
The Centers for Disease Control and Prevention (“CDC”) issued a nationwide injunction last year against certain evictions for nonpayment of rent as part of its efforts to contain the spread of COVID 19. Two separate Federal District Courts, using different legal theories, have ruled against the CDC’s use of the moratorium.
-
Vaccine Mandate Lands Los Angeles Unified School District in Court
May an Employer Force an Employee to take Experimental Vaccines?
-
Does Antitrust Law Apply to the Market for Talent?
Antitrust Laws Restrain Agreements Among Competitors. The Sherman Act and the Clayton Act are two federal statutes that set the foundation for U.S. Antitrust law more than 100 years ago.
-
Reasons to be Reasonable About Reasonable Accommodations
Eric B. Meyer with Reasonable Accommodations 101. Eric B. Meyer of The Employer Handbook posted this on 3/01/2021: Rather than pay about $2,000 to install automatic doors, an employer loses a $650K disability discrimination verdict instead.
-
Why Every Employer Needs a Call-in Policy
In my blog post of 12/10/2020 titled Are Your Telework Policies Ready for the New Year? I mentioned that Jeff Novak is another great employment law resource. Well, Jeff strikes again!
-
Health Care Law Enforcement – What you Need to Know for 2021
The Mintz Levin https://www.mintz.com/ law firm is an excellent source of updates on business law. I subscribe to several of their newsletters and regularly attend their continuing legal education webinars.
-
Here’s Why You Should Ask if it Needs to be in the Contract.
One of my tech clients sent me a pretty burdensome clause to review. I suggested some ways to push back on the customer.
-
Employers: Do You Understand Your Duty of Religious Accommodation?
What Does “Discrimination in Employment” Mean? I suspect most people know that it is illegal for employers to engage in several forms of workplace discrimination.
-
Seven Great Reasons to Write Great Job Descriptions
Here’s a Recap of the First Six Reasons to Write Great Job Descriptions.
-
Are Your Telework Policies Ready for the New Year?
I often quote my friend Eric B. Meyer of The Employer Handbook when I’m writing about employment law.
-
Employers: Do You Understand Your Duties to Our Veterans?
A recent post by my friend Eric B. Meyer on his The Employer Handbook prompted me to make sure I understood an employer’s duties to our military veterans.
-
What to Make of the CDC’s Mask Endorsement?
RationalGround.com offers Critical Analyses of the CDC’s Mask Endorsement. In my 10/15/20 post – COVID Mask OSHA Requirements – I discussed the OSHA’s requirement for employers to choose equipment that is suitable to the hazards facing their employees, and for implementing a respiratory protection program.
-
Do you Sell Tech to the Government? You Need to Know Your False Claims Act Risks!
According to this https://www.morganlewis.com/pubs/uptick-in-fca-investigations-and-litigation-targeting-tech-services 11/2/2020 White Collar Lawflash from the Morgan Lewis law firm, “The False Claims Act (FCA) imposes liability on any person for making false claims or false statements in connection with a claim. 31 USC § 3729(a)(1)(A), (B). A “claim” is any request or demand for money made directly or indirectly to…
-
Google and Microsoft: Antitrust déjà vu?
The U.S. Justice Department filed an antitrust suit against Google on 10/20/20. The DOJ press release alluded to the similarities of Google’s alleged conduct with that of Microsoft in in the 1990s.
-
COVID School Closure Lawsuit – Part of a Litigation Wave
I was semi-watching a local TV news broadcast Wednesday morning until one item got my full attention: The Liberty Justice Center (“LJC”) has filed suit against the West Ada School District to prevent a local teachers union from holding any more “sick-out” actions.
-
COVID Mask OSHA Requirements
Employers That Require Employees to Wear Masks Need to be Aware of OSHA’s Applicable Requirements.
-
COVID Intentional Tort Class Action Suits
Intentional Tort Suits – Coming Soon? In my 9/10/20 post Don’t Get Complacent About COVID Lawsuit Immunity Laws, I spelled out some of the limits on those laws. I also warned business owners to keep up with emerging information on harms associated with the use of certain Personal Protective Equipment. Emerging Information on Mask Use.…
-
COVID Lockdown Order in PA Ruled Unconstitutional
A Federal judge in Western Pennsylvania has ruled that the governor’s open-ended lockdown order violates the 1st Amendment and the Due Process and Equal Protection provisions of 14th Amendment to the U.S. Constitution.
-
Engaging Employees to Protecting Your Trade Secrets
Once you have figured out what your company’s trade secrets are, it is vital to engage your employees in the effort to protect them from improper use or disclosure.
-
Don’t Get Complacent About COVID Lawsuit Immunity Laws!
What Are COVID Lawsuit Immunity Laws? The Idaho legislature recently passed, and the governor signed into law, a bill intended to shield businesses from lawsuits by people claiming they got COVID after visiting their establishment.
-
Let’s “Manage by Data” when dealing with COVID19
The time I worked at SEMATECH (a semiconductor industry R&D consortium in Austin) was one my career highlights. I got to work with some of the brightest people in the chip world. I learned a lot of valuable lessons there, including (i) everything in life involves trade-offs; and (ii) the importance of Managing by Data.
-
Does Your Company Do the Basics of Trade Secret Protection?
Trade secrets are inventions and methods that have value to your company and that would lose the value if they were disclosed to your competitors.
-
Is COVID-19 Putting Your Trade Secrets at Risk?
Working from Home and an Economic Downturn Are Creating a Perfect Storm for Increased Theft of Trade Secrets.
-
Pediatricians Say Open the K-12 Schools
The American Academy of Pediatrics Strongly Advocates In-Person Schools to be Opened.
-
Use Your Contract to Deal with Recurring Problems
Some industries have problems that happen again and again. Construction has a handful of things that go wrong so often that the U.S. Government created some if-then clauses that go into virtually every government-funded construction contract.
-
Why is College inflation Double the Consumer Price Index?
Colleges are Making Cuts in Anticipation of low 2020 Enrollments.
-
Do the Human Costs Exceed the Lockdown’s Benefits?
In my opinion, the human costs of the nationwide lockdown have exceeded the benefits. Unemployment, harm to children, and suicides all need to be factored into any decisions to continue any lockdowns.
-
What Are the Costs of Not Getting it in Writing?
The Benefits of Getting It in Writing. I believe that Getting it in Writing helps us increase the likelihood of success in everything we do.
-
How to be Generous as a Company
Why be Generous as a Company? One of my key take-aways from the Morgan Lewis law firm’s webinar on The Fourth Industrial Revolution is that there is a growing recognition that company culture is a business strategy issue.
-
Is Your Written Contract Enforceable? Maybe Not!
I am fond of saying “always get it in writing!” What is “it?” Anything on which you intend to rely, including some thing as simple as a coffee date. An exchange of emails or text messages dramatically improves the likelihood that you and the other person will show up at the right place, on the…
-
Optimizing the Multi-Generational Workforce
Helping Employers Optimize the Multi-Generational Workforce. Several law firms have provided excellent Continuing Legal Ed programs in response to COVID19. Morgan Lewis https://www.morganlewis.com/ is one of those firms.
-
How do you Know you Have an Enforceable Online Contract?
Ecommerce is Up. So is Class Action Litigation. I recently took a continuing legal education program from the global law firm of Morgan, Lewis. https://www.morganlewis.com/
-
How did Force Majeure Clauses Suddenly Become “Sexy?”
Dusty Boilerplate no Longer. The Force Majeure (“FM”) clause has long been regarded as one of those boring old boilerplate clauses that rarely get much attention during contract negotiations. I speak from personal experience!
-
Fair Housing Act Compliance in the era of COVID19
The Intermountain Fair Housing Council, located in Boise, is a nonprofit organization that (among other things) provides education and training on complying with the federal Fair Housing Act. https://ifhcidaho.org/
-
Your Business Interruption Insurance May Not Pay for COVID19 Problems
Many of us have had our businesses interrupted as a consequence of government actions to curtail COVID19. Many of us also have insurance that purports to cover Business Interruption (“BI”).
-
Does Your Church Need a COVID Release Form?
As cities and states begin the “Return to Work” process, it prompts the question: “Does your church need a COVID19 Release Form?
-
FBI Tips on Preventing “Zoom-bombing”
FBI Warns of Teleconferencing and Online Classroom Hijacking During COVID-19 Pandemic.
-
How Are You Positioning Your Business for the Recovery?
Multiple Benefits Flowed from a Well-Placed Challenge.
-
How can we Mitigate COVID19 Supply Chain Risk?
A New Tool for Supply Chain Risk Analysis. COVID19 is causing people in industry and government to take a hard look as the subject of Supply Chain Management Risk.
-
Law Firms Providing Useful COVID19 Information
I regularly receive updates from several law firms covering subjects such as employment, construction, and technology.
-
Construction Project Design – Who Owns it?
Frank mentioned that the A.I.A. contract forms provide that the architect the owner of the copyright in the design of the project, even though the Project Owner (PO) is paying for the design. This means that the PO could face copyright infringement claims from the architect if the PO uses the design elsewhere.
Got any book recommendations?
Michael S Oswald, Chartered 