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2016: They Say all Politics is Local: Now Employment Law is Too

The end of 2016 is a good time to review and consider a subtle shift in employment law which appears to be gaining momentum. The shift, which may be imperceptible at first, could prove to have lasting impact on employers,...more

You Cannot Create A Restrictive Covenant Out of Thin Air

I recently read a lengthy, and I have to admit, well-crafted letter by one employer (who I will call Company A) accusing a former executive (Mr. B) of violating every conceivable restriction relating to recruiting employees...more

Protecting Trade Secrets Now Front, Center and National

Most employers understand, in this era where information moves so quickly and critically sensitive commercial information is very easy to move, that protecting trade secrets is more important than ever. In fact, the U.S....more

Hostile Work Environments and Sexual Orientation: EEOC Files First Federal Suits

Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more

How Not to Fire a Union Organizer

The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

Isn’t Consistency Great?

There is probably no more hard and fast rule, or favorite word of human resource professionals, than “consistency.” And we love consistency, right? It allows you to say “no” to an employee who wants something outside of the...more

“But I Didn’t Know You Were Working…”

We live in the era of wage and hour lawsuits, particularly involving claims of “off the clock” work. Employees – who rarely first complain to their employer – allege in the lawsuit they were required to work “off the clock”...more

See No Evil, Hear No Evil: See No Defense for Third-Party Harassment?

It is rare that a distinguished federal appellate court invokes the “See No Evil, Hear No Evil” approach to deciding a case, but this is exactly what happened in a recent decision involving a North Carolina based tile and...more

Retaliation Gets a Broader View

Retaliation cases continue to grow in number and, in a decision on June 4, 2013 of the Tenth Circuit Court of Appeals, in scope as well....more

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