General Business Labor & Employment

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Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation...more

SEC Takes Issue with Employee Confidentiality Obligations and Waivers of Monetary Awards

The Securities and Exchange Commission's (the "SEC" or "Commission") Office of Compliance Inspections and Examinations ("OCIE") issued a risk alert on October 24, 2016, announcing that it will be reviewing registrants'...more

2017 Labor & Employment Law Update for California Employers

In 2016, California passed a slew of labor and employment laws affecting businesses across the state and their personnel policies and practices. Below is a brief summary of many of these laws, which generally take effect on...more

Can an Employer Back out of a Promise to Provide Advancement by Claiming That the Employee Committed Fraud?

Numerous decisions from the Delaware courts establish that a company cannot abandon its promise to advance legal fees and expenses when the covered director, officer, or employee properly invokes it....more

Tax Truths: Volume 1, No. 2 – December 2016

AN ANALYSIS OF TAX LAW PROPOSALS OF THE PRESIDENT-ELECT AND THE HOUSE - President-elect Trump made tax reform a highlight of his campaign, calling for fewer tax brackets, lower individual rates, and reduced corporate tax...more

Indiana Court of Appeals Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case

The Indiana Court of Appeals recently issued a restrictive covenant ruling addressing several significant issues. On November 30, 2016, in Hannum Wagle & Cline Engineering, Inc. v. American Consulting, Inc., the Indiana Court...more

Avoiding Appearance-based Discrimination Claims in the Workplace

Employees are generally considered the face of a company, projecting the brand’s image to customers and clients. In the face of this reality, employers often mandate certain grooming and appearance standards for employees –...more

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Freelance Isn’t Free Act Signed by Mayor De Blasio

Seyfarth Synopsis: The Freelance Isn’t Free Act, granting protections for freelancers in New York City, was signed by Mayor De Blasio on November 16, 2016. The law, on which we previously reported in detail here, will go...more

New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions...

In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding...more

Claim for Failure to Reimburse Reasonable Business Expenses Not Barred by EPL Policy’s Wage and Hour Exclusion

Don’t be too surprised if you see a “wage and hour” exclusion in your employment practices liability insurance policy, especially if you have employees in California. While these exclusions purport to bar coverage for claims...more

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

MoFo New York Tax Insights - Volume 7, Issue 12

NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors - The nature of the services performed by a corporation, and how that corporation should source its receipts from those...more

Federal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete

The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those...more

Your Daily Dose of Financial News

8 years after returning as CEO, Starbucks’ Howard Schultz is again planning to step down, turning over the barista apron to current president and COO Kevin Johnson. Schultz will continue to work on Sbux social issues and the...more

Worker representation on boards…or not?

Theresa May, during her campaign and at the beginning of her term as prime minister, repeatedly committed to introducing worker representation on company boards as part of her corporate governance reform package. The news at...more

NYC Employment News: First-of-Its-Kind Freelance Rights Bill Becomes Law

As the gig economy continues to surge throughout the United States, New York City has emerged as one of the first municipalities to protect freelance workers. The New York City Council recently passed the Freelance Isn’t Free...more

Additional Clarifying Amendments to the Nonprofit Revitalization Act Signed Into Law

On November 28, 2016, Governor Cuomo signed into law Chapter 466 of the Laws of New York of 2016 (Assemb. Bill 10365B) (the “2016 Amendment”). The 2016 Amendment is intended to “improve and make clarifying amendments to the...more

New York City Enacts First-of-Its-Kind Law to Protect Freelance Workers

On November 16, 2016, New York City Mayor Bill de Blasio signed Int. No. 1017-C, known as the Freelance Isn’t Free Act (“Act”), which establishes protections for the estimated 1.3 million independent workers in New York City....more

Employers Don’t Own Your Brain; They Merely Rent it

New Jersey is apparently about to join the list of states with statutes that protect the rights of inventors. Generally, inventions made by employees belong to the employee, unless (1) that employee was specifically hired to...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

The Sharing Economy: Developments in Collaborative Workspaces

Alternative office space sharing arrangements offer several benefits but are not without their downsides. The Great Recession of the late 2000s and the rise of the sharing economy have led to a concurrent growth in...more

San Jose Ordinance: Offer Hours to Existing Employees before Hiring New Workers

On November 8, over 63% of San Jose voters approved a first-of-its-kind ordinance that requires San Jose employers to offer additional hours of work to qualified existing employees before hiring new employees, subcontractors,...more

InterConnect FLASH! No. 58 - Contract, Conduct, And Common Sense Can Save You Money

You have undoubtedly heard countless times that “an apple a day keeps the doctor away.” Preventive health care is a big deal. Search Google for preventive medicine and it will return approximately 22.4 million results in...more

Your Daily Dose of Financial News

Loyal Starwood pointers have been waiting anxiously to hear what the hotel brand’s merger with Marriott will mean for their coveted reward system. They’ll have to wait a bit longer, but here are a lot of answers to other...more

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