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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
June 15, 2020

Supreme Court Issues Landmark Ruling, Extending Federal Anti-Discrimination Protections to the LGBT Workforce

This morning, SCOTUS issued its decision in Bostock v. Clayton County, Georgia, a case heard during the first week of its current term.  In the decision, the Court extends anti-discrimination protections in the workplace to LGBT employees, in a 6-3 decision written by Justice Gorsuch and joined by Chief Justice Roberts. 

Employer Law Blog
June 5, 2020

Key Provisions of the Paycheck Protection Program Flexibility Act

Today President Trump signed in to law the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”), which substantially modifies certain provisions of the CARES Act related to forgiveness of Paycheck Protection Program (“PPP”) loans for small businesses, as many recipients of the PPP funds come up on the end of their previously-determined 8-week measurement period for loan forgiveness. 

Employer Law Blog
May 4, 2020

Sandberg Phoenix Obtains Permanent Injunction Against Former Perficient, Inc. Tech Executive for Violating Non-Compete Agreement

Sandberg Phoenix lawyers Lyndon Sommer and Ben Wesselschmidt tried and successfully obtained a permanent injunction against a former Vice President of St. Louis tech company Perficient Inc. for breach of his non-compete agreement by moving to Chicago-based competitor Spaulding Ridge, LLC.  The permanent injunction trial followed after Sandberg Phoenix first obtained a temporary restraining order against the VP.   

Employer Law Blog
April 27, 2020

CARES Act and Traditional Labor Law

One of the little discussed provisions of the CARES Act are those added by House Democrats to curry favor with organized labor. The first is that borrowers who obtain loans under the Act must make a good faith certification that they will remain neutral in any union organizing effort for the term of the loan. The effect of this provision is to force neutrality upon borrowers under the CARES Act for the duration of their loans. This means that a borrower commits not to say or do anything to oppose a union’s organizing effort. Borrowers should be aware of this requirement which, in effect, abrogates some of their rights under the National Labor Relations Act.