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Showing posts with the label 2026-04-03 Digest

Implications of Recent and Upcoming Supreme Court Decisions for Government Contractors

The Supreme Court has recently addressed, and will soon further clarify, the scope of liability facing government contractors.  In  The GEO Group, Inc. v. Menocal , the Court issued a unanimous decision limiting interlocutory appeals of the  Yearsley  defense. At the same time, contractors await the Court’s ruling in  Hencely v. Fluor Corp ., which will address whether federal law preempts state tort claims against contractors operating in a military context. Together, these cases shape contractors’ litigation risk, strategy, and exposure. Yearsley  Defense Not Immediately Appealable As discussed previously,  GEO Group  involved detainees who alleged that GEO’s work policies violated federal and state law. GEO argued that it was not liable under  Yearsley v. W.A. Ross Construction Co . because ICE authorized and directed the challenged conduct. The district court rejected that defense, and the Tenth Circuit held that the ruling was not immed...

It’s Workplace Violence Prevention Month: Is Your Business Prepared?

April is Workplace Violence Prevention Month, serving as a reminder for all employers that dangerous altercations can happen anywhere, even at work. Anyone who comes in contact with your business – like guests, customers, patients, contractors, or even employees – can create a safety risk. And these risks can vary depending on what industry you’re in. For example, medical providers and front-facing employees are more likely to experience workplace violence, but anyone can unfortunately become a victim. While these situations are unpredictable, you can and should prepare. Here’s everything you need to know about current rules on workplace violence prevention and the steps you can take to keep your staff and customers safe. Understanding the Scope of Workplace Violence Violent acts are the third leading cause of injuries in the workplace. They can be caused by anyone who encounters your business and comes in many forms. The Occupational Safety and Health Administration (OSHA) explains t...

Illinois Supreme Court Holds That Preliminary and Postliminary Activities Must Be Paid

On March 19, 2026, the Illinois Supreme Court issued a highly anticipated decision in  Lisa Johnson v. Amazon.com Services, LLC , clarifying that nonexempt employees must be compensated for time spent completing pre-shift COVID-19 screenings, and other “preliminary” and “postliminary” activities under the Illinois Minimum Wage Law (IMWL). This marks a significant departure from the Fair Labor Standards Act (FLSA), which as amended by Section 254 of the Portal-to-Portal Act (PPA), excludes from an employee’s compensable time preliminary and postliminary activities—i.e., activities that occur before or after tasks that are an “integral and indispensable” part of the employee’s principal work. Lisa Johnson, a former Amazon.com Services LLC (Company) employee, filed a putative class action in Illinois state court alleging that the Company violated the FLSA and the IMWL by failing to pay its nonexempt employees overtime arising out of mandatory, pre-shift COVID-19 screenings. Johnson al...

Virginia Legislature Passes Broad Slate of Employment-Related Reforms

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Virginia’s new Democratic majority in the General Assembly has sent a slate of legislative reforms to Governor Abigail Spanberger’s desk that would address a broad range of employment-related subjects in the Commonwealth, including  paid sick leave and paid family medical leave , noncompetition agreements in the healthcare industry, pay equity, minimum wage, and leave protections for women with menopausal or perimenopausal symptoms. 00:00 10:13 Quick Hits Virginia’s General Assembly has passed legislation that would prohibit noncompete agreements for healthcare professionals. HB1 and SB1 would establish a multiyear schedule to increase Virginia’s minimum wage to $15 per hour by January 1, 2028, with further adjustments based on the Consumer Price Index starting in 2029. SB258 and SB790 would introduce workplace protections and health insurance coverage for menopause and perimenopause . Prohibiting Healthcare Noncompete Agreements (Senate Bill (SB) 128) Following the  trend ...