Jennifer Rubin

Jennifer Rubin

Mintz Levin

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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

9/2/2015 - Anti-Discrimination Policies Cost-Benefit Analysis Employment Policies Multistate Corporations Paid Leave Policies and Procedures Uniformity Wage and Hour

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

8/14/2015 - At-Will Employment Hiring & Firing Termination Unemployment Insurance

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

8/10/2015 - Hiring & Firing Job Applicants Job Offers Negotiations

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

7/21/2015 - Employer Liability Issues Hiring & Firing Payroll Taxes Unemployment Unemployment Benefits

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

7/20/2015 - Choice-of-Law Compelling Governmental Interest Corporate Counsel Employee Rights Employer Liability Issues Non-Compete Agreements Relocation Restrictive Covenants

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

7/16/2015 - Appeals Breach of Contract Corporate Counsel Employer Liability Issues Former Employee Former Employer Hiring & Firing Inducement Insurance Agents Jury Verdicts Non-Compete Agreements Restrictive Covenants

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

7/10/2015 - At-Will Employment Breach of Contract Employment Contract Hiring & Firing Misappropriation Protected Class Restrictive Covenants Termination Wrongful Termination

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

7/6/2015 - Bring Your Own Device Customer Lists Digital Assets Hiring & Firing Intangible Property Termination

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

6/22/2015 - Employment Contract Equity Compensation Hiring & Firing Non-Compete Agreements Severance Agreements

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

6/22/2015 - Employee Handbooks Paid Leave Paid Sick Leave Act Sick Leave

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

6/19/2015 - Employee Handbooks Paid Leave PTO Sick Leave

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

3/25/2015 - Discrimination FMLA Non-Compete Agreements Wage and Hour

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

3/20/2015 - Former Employee Non-Compete Agreements Restrictive Covenants

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

3/17/2015 - At-Will Employment Background Checks Disparate Impact Drug Testing EEOC FMLA Gender Discrimination Harassment Involuntary Reduction in Force Minimum Wage Non-Solicitation Agreements OWBPA Paid Sick Leave Act PTO Rest and Meal Break Retaliation Training Requirements Transgender Unpaid Interns Wage and Hour Wage Deductions WARN Act

More on California Non-Competes – But This Time from Delaware

When it comes to California non-competes, you can never get enough clarity.  And when that clarity comes from a Delaware Chancery Court, it adds a utility element that our corporate brethren appreciate....more

2/5/2015 - Choice-of-Law Employer Liability Issues Limited Liability Companies Non-Compete Agreements Public Policy

California Sunshine Warms the Market: A Twist on Customer Non-Solicitation Provisions in the Golden State

Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State. And that...more

1/26/2015 - Employer Liability Issues Employment Contract Former Employee Hiring & Firing Non-Compete Agreements Non-Solicitation Agreements Restrictive Covenants Tortious Interference

Bully for You: Ready or Not, California’s Anti-Bullying Training Requirement Starts Now

Welcome to 2015 and the start of California’s Anti-Bullying Training Requirements. Employers of 50 or more in California must now add an “anti-bullying” training requirement to their training curriculum, which is required to...more

1/15/2015 - Bullying Discrimination Employer Mandates Harassment New Legislation Retaliation Training Workplace Bullying

Yet Another Tale of (Alleged) LinkedIn Indiscretion in a Non-Compete Matter

For those of you following the saga our Employee Mobility Practice Group has been documenting about the many ways in which social media appears to be impacting the non-compete world, I present to you yet another case that...more

12/23/2014 - Former Employee LinkedIn Non-Compete Agreements Social Media Social Networks

Social Media and Non-Solicitation Covenants – Another LinkedIn Cautionary Tale, but this One for Employers

Those of you who joined us for our November 13 webinar on “Post-Employment Solicitation of Customers & Employees in the Social Media Age” will be interested in a recent social media-related non-solicitation case from...more

12/4/2014 - Contract Drafting Corporate Counsel Employer Liability Issues Former Employee LinkedIn Non-Solicitation Agreements Popular Social Media Social Networks

Keep Your Hands Off the Customers … and the Cows

A federal district court in Washington has confirmed that an employer’s relationship with the cows that its employees serviced is insufficient to establish a legitimate protectable interest to enforce a non-compete....more

10/20/2014 - Corporate Counsel Employer Liability Issues Former Employee Non-Compete Agreements Void and Unenforceable Wage and Hour

California Raiders … Not the Football Kind

In a pair of recent decisions, two courts interpreting California’s quirky non-compete law confirm that employee non-recruitment covenants in California are enforceable – but only if those covenants are necessary to prevent...more

10/8/2014 - Corporate Counsel Employer Liability Issues Former Employee Hiring & Firing Non-Compete Agreements Recruitment Incentives Recruitment Policies

Employee’s LinkedIn Contacts Once Again Become Focus of Trade Secrets Claim

Following up on the piece I wrote with Jim Ninivaggi, “Whose LinkedIn Profile is it Anyway,” the information contained in an employee’s LinkedIn contacts were discussed in the context of trade secrets in a recent California...more

9/22/2014 - Corporate Counsel Misappropriation Popular Social Networks Trade Secrets

PLEADING A NON-COMPETE CLAIM: Sometimes the Bare Minimum Is Just Enough

There is no such thing as “per se” unenforceability of non-compete agreements (with a few notable exceptions). Instead, a court will enforce a non-compete if it meets whatever criteria a particular jurisdiction establishes –...more

8/6/2014 - Corporate Counsel Non-Compete Agreements Restrictive Covenants

Interfere at Your Own Risk: Legal Fees Awarded as Damages for Violating A Non-Compete Agreement

We all know the default American Rule for attorneys’ fees: unless you get fees in a contract or from a statute, you shouldn’t count on someone else paying the freight if you win your case. But a recent non-compete case brings...more

8/1/2014 - American Rule Attorney's Fees Corporate Counsel Employer Liability Issues Former Employee Hospitals Johnson & Johnson Non-Compete Agreements Restrictive Covenants St Jude Medical Center

Back to the Basics: Non-Compete Lost to a Superseding-Agreement Clause

With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies....more

7/16/2014 - Employer Liability Issues Non-Compete Agreements Restrictive Covenants

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