The attorneys at Morningstar Law Group are leaders who are frequently asked to share their legal insights and expertise. Here is a sampling of the wisdom our attorneys are sharing at industry conferences, in published articles, and at continuing legal education events.
Q: An employee notified management late this afternoon that their partner might have COVID-19 but cannot be tested until Monday. What should we do?
March 17, 2020
Answer: Ask the employee to voluntarily stay home pending the test, and advise them to get medical attention if they experience known symptoms of COVID-19 (fever and cough). If the employee can work from home, that would be ideal. If not, PTO or other paid or unpaid leave policies could be used. STD and ADA […]
Q: Should we impose limits on business travel as a result of the COVID-19 pandemic? What about personal travel?
March 17, 2020
Answer: The State Department and Center for Disease Control (CDC) have been providing international travel guidance for weeks and in the case of some locations, months. Along with other developments last week, on Friday, President Trump declared COVID-19 a national emergency and the CDC warned Americans about traveling within the United States, bringing travel precautions […]
Q: The Governor issued an Executive Order closing public schools and banning mass gatherings of 100 or more people. What impact does this have on my workforce management?
March 17, 2020
Answer: The North Carolina Governor’s Office issued an Executive Order Saturday, March 14, 2020 banning gatherings of more than 100 people and directing the closure of K-12 public schools to limit the spread of COVID-19 (The “Order”)). https://files.nc.gov/governor/documents/files/EO117-COVID-19-Prohibiting-Mass-Gathering-and-K12-School-Closure.pdf. This Order will have an immediate impact on workforces across the State. For the duration of the […]
Coronavirus (COVID-19): Thirteen Action Items to Protect Your Workforce
March 13, 2020
It’s Friday the 13th. Sure feels like it. And, COVID-19 is playing the role of “Jason.” Just this week, the World Health Organization declared COVID-19 a pandemic, the stock market plummeted, the NBA, MLB, and NHL suspended their seasons, colleges told students not to return to campus after spring break, high school sports programs were […]
Is the COVID-19 Pandemic a Force Majeure?
March 13, 2020
The COVID-19 outbreak, now deemed a pandemic by the World Health Organization, is disrupting supply chains globally, leaving many companies unable to perform contracts or supply products to their customers, but is COVID-19 a force majeure that will shield affected companies from liability for non-performance? Under US law, the answer depends primarily on the terms […]
Wing Wednesday, Yes, But No Taco Tuesday
March 12, 2020
Last year, shortly after news broke of Tom Brady’s unsuccessful attempt to register the trademark “Tom Terrific” (see my article about that here), there were reports of a few other intriguing, high-profile sports-related trademark matters that seemed deserving of some additional commentary. Possibly not coincidentally, given Brady’s historic distaste for the State of Ohio […]
Mercedes Case Reveals Integrated-Work Copyright Stopgap
December 15, 2019
As Appeared in Law360, October 26, 2019 Stripped, the Mercedes-Benz USA LLC G500 runs $124,000 (manufacturer’s suggested retail price) and comes in 24 colors. In the lead-up to the January 2018 North American International Auto Show, Mercedes planned an ironic, down-scale Instagram Inc. campaign featuring photos of its Jeep-like G500s barreling through Detroit’s boho Eastern […]
Not So Terrific Understanding of Trademark Law There, Tom …
October 21, 2019
This recent article about Tom Brady and his unsuccessful efforts to register the trademark “Tom Terrific” came to my attention the other day: https://www.espn.com/nfl/story/_/id/27445881/not-terrific-tom-brady-trademark-refused. As an IP lawyer, I felt compelled to set the record straight and clear up any misconceptions Brady may have conveyed about trademark law to the general, non-(IP) lawyer public. First […]
New Jersey is Latest US State to Ban Salary History Inquiries in Recruiting
August 15, 2019
New Jersey is the 17th U.S. State to enact restrictions on employers’ inquiry into and use of salary histories in recruiting and employment decisions. NJ’s new Salary History law goes into effect on Jan 1, 2020. The law makes it an unlawful employment practice for an employer to: screen a job applicant based on the applicant’s […]
Workforce Alert: Just over 60 Days Left to Comply with NY’s New Sexual Harassment and Discrimination Avoidance Training Law
August 1, 2019
The State of New York implemented new employee training regulations effective October 9, 2018, with compliant training for existing employees to be first completed by October 9, 2019. The law requires sexual harassment and discrimination avoidance training for all employees who spend any time working in the State of New York, regardless of the size […]