Latest Publications

Share:

Corporate Divorce Series: Acqui-Hires: A Corporate Blended Family?

Blended families may be more common than organic ones these days and perhaps the same can be said about employees in corporate America....more

Three California Municipalities Enact New Minimum Wage and Paid Sick Leave Laws

The trend toward local regulation of employment laws continues in California with three new local wage and hour enactments....more

Corporate Divorce Series: Online Dating, The Bachelor, and Predicting Successful Employment Relationships

If there is a predictive model for dating, why can’t the same model apply to the employment relationship? I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called...more

Corporate Divorce Series: Do Fraudulent Credentials Annul Employment Contracts?

If you follow my corporate divorce series, you are familiar with my affinity for the employment-as-marriage metaphor. I’ve already examined how employment relationships end or should end. But I have yet to address an...more

Corporate Divorce Series: Is Employee Solicitation A New Kind of Custody Dispute?

If you’ve been following my corporate divorce series, you are familiar with my view about who owns what at the end of the employment relationship, who pays what to whom, and even how to end the relationship. But I have yet to...more

Truthful Terminations May Lead to Better Consequences

We are often asked what, if anything, employers should tell an employee about the reasons for the employee’s termination, especially if the termination is abrupt. We tell employers to tell the truth....more

Corporate Divorce Series: An Employment Relationship Fail

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

Corporate Divorce Series: Your Cheatin’ Heart … Is Thinking About Leaving a Job Flirting or Infidelity?

You don’t have to have an Ashley Madison account to know that a spouse who strays into an affair is unfaithful to the marriage. Is there a similar adulterous line for employees when they consider leaving an existing job?...more

Corporate Divorce Series: Disparage-Me-Not

If you have been following my corporate divorce series, you may have read the “Break Up” piece where I advised newly terminated folks to keep their cool if they are unexpectedly fired because their post-firing behavior might...more

What Does the Latest Uber Decision Mean for Your Gig Business?

If you tuned in to my appearance a few months ago on Bloomberg Law Radio, you heard me bemoaning our legal system’s failure to catch up with the gig economy. For those of you who don’t know, the term “gig economy” (also...more

One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers

One of the questions clients frequently pose to me is how to make employment policies uniform across the different states where their employees work. Now it seems to me that this is a most appropriate question in this day...more

Corporate Divorce: No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends....more

Corporate Divorce Series: The Courtship of Employment Negotiation

Yes I realize that had my Corporate Divorce series progressed in a linear way, I would have started with The Courtship instead of The Break Up, but employment law metaphors are sometimes unpredictable. In my defense, I note...more

Corporate Divorce: Is Unemployment Like Alimony?

In my last article I promised to examine as part of my Corporate Divorce Series whether alimony (though the politically correct term these days is “spousal support”) is like unemployment (I’m pretty sure it is still...more

Can a Move to California Invalidate a Non-Compete?

It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract. We all know that California is finicky when it comes to non-competes – so much so that...more

Post-Employment Covenants: Is an Inducement to Smile An Inducement to Cancel?

A recent Circuit Court case confirms that the term “non-inducement” means just that. In American Family Mutual Insurance Company v. Graham, the Eighth Circuit affirmed a jury verdict against an insurance agent who, the jury...more

No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends. A “no fault” divorce permits a spouse to end a...more

Corporate Divorce: Property (Re)Distribution

Who Owns What - Unlike the marital relationship, which hypothetically balances power between spouses, the employment relationship is founded on the central concept of control: it is the employer who dictates the time,...more

Corporate Divorce: Treat Your Employment Contract Like a Prenup

Once again I observe that while I am not a divorce lawyer, the analogies of divorce law to my employment practice are startling. Two parties meet (the interview), they realize how many things they have in common (the job...more

California’s Paid Sick Leave Law Takes Effect July 1

As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522). Below is a brief summary of what this change will mean to employers...more

California’s Paid Sick Leave Law Takes Effect July 1

As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522). Below is a brief summary of what this change will mean to employers...more

2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

Restrictive Covenants: The Employee Choice Doctrine Explained … Yet Again

The “employee choice” doctrine is one of those employment terms that is as misunderstood as “right to work,” “employment at will” and my personal favorite, “labor lawyer”. But a recent New York Federal court in IBM v Smadi,...more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

42 Results
/
View per page
Page: of 2

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.