Scott McIntyre

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Kentucky Federal Court Issues Three-State Preliminary Injunction Against Federal Contractor Vaccine Mandate

By Marc Antonetti and Scott McIntyre On Nov. 30, 2021, the Eastern District of Kentucky enjoined President Biden’s federal contractor vaccine mandate in Commonwealth of Kentucky v. Joseph R. Biden. Under Executive Order 14042, covered contract employees and employees working at covered contractor workplaces are required to receive their final vaccine shot by Jan. 4, … Continue Reading

Nationwide Permanent Injunction Bars Implementation of DOL’s “Persuader Rule”

As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption … Continue Reading

Nationwide Preliminary Injunction Bars Implementation of Department of Labor’s “Persuader Rule”

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act” … Continue Reading

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy Neighborhood Market and United Food and Commercial Workers International Union decision, 361 NLRB No. 8 (July … Continue Reading

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline.  In fact, the number of employee retaliation claims filed with the EEOC has nearly doubled in the past 15 years, and the law continues to create new opportunities for these kinds of claims.  But … Continue Reading
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