US Court of Appeals for the Sixth Circuit Archives

Stryking Noncompete Preliminary Injunction

by Tessa Kroll | Apr 11, 2023 | Employment, Labor

The US Court of Appeals for the Sixth Circuit recently upheld a district court’s grant of a preliminary injunction restricting a former employee from working for conflicting organizations or communicating with a competitor’s counsel. Stryker Emp. Co., LLC v. Abbas, Case No. 22-1563 (6th Cir. Feb. 16, 2023) (Clay, Bush, JJ.; Sutton, C.J.) The Court found that the preliminary injunction was an appropriate measure to protect the plaintiff’s confidential information that was consistent with the employee’s noncompete agreement.

OSHA Hints at Permanent COVID-19 Standard, Withdraws Vax-or-Test ETS

by Abigail M. Kagan, Michelle S. Strowhiro and Lindsay Ditlow | Jan 27, 2022 | Employee Benefits, Employment, Health and Welfare Plans

On January 25, 2022, the US Occupational Safety and Health Administration (OSHA) announced that it would withdraw its controversial “vax-or-test” Emergency Temporary Standard (ETS), which required large employers to impose vaccination or testing requirements upon their employees. The withdrawal will be effective as soon as the announcement is published in the Federal Register, which is scheduled to occur on January 26, 2022.

Federal Vaccine Mandates Are Back in Play (For Now)

by Michelle S. Strowhiro, Abigail M. Kagan and Sandra M. DiVarco | Dec 22, 2021 | Employee Benefits, Employment, Health and Welfare Plans, Labor

The courts continue to move the vaccine mandate goalposts on employers as dozens of legal challenges work their way through the courts. The latest developments are major game changers for employers. As of today, the US Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS) vaccine-or-test rule is enforceable nationwide, and the US Centers for Medicare & Medicaid Services (CMS) Interim Final Rule (IFR) mandating vaccination, subject to exemptions, is enforceable in 25 states.

Federal Appellate Court Finds That Title VII Bans Gender Identity Discrimination

by Brian Mead and Todd Solomon | May 31, 2018 | Employment

The US Court of Appeals for the Sixth Circuit ruled on March 7, 2018, that workplace discrimination on the basis of gender identity and gender expression violates Title VII of the Civil Rights Act of 1964. The language of Title VII does not expressly prohibit discrimination on the basis of gender identity. However, the US EEOC has taken a broad approach to enforcing Title VII’s prohibition on sex discrimination, arguing that it includes both gender identity and sexual orientation.

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