Human Resources

Title II of the Americans with Disabilities Act of 1990 (ADA) applies to “public entities.” Under the ADA, public entities are: (i) any State or local government; (ii) any department, agency, special purpose district, or other instrumentality of a State or States or local government; or (iii) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4)...

The Federal Trade Commission (FTC) has proposed a rule that would prevent employers from imposing noncompete agreements on their workers. The proposed rule is based on a finding that noncompete agreements suppress wages, hamper innovation, and block entrepreneurs from starting new businesses. Therefore, they constitute an unfair method of competition in violation of Section 5 of the Federal Trade Commission...

On July 6th the Department of Justice Office of Legal Counsel issued a Slip Opinion holding that public and private entities may impose vaccination requirements even though the only vaccines available are authorized under an emergency use authorization (“EUA”) pursuant to Section 564 of the Food, Drug, and Cosmetic Act (“FDCA”). A copy if the Slip Opinion can be found...