Labor & Employment Law, Commercial Law & Contracts

Supplemental Life Benefits, Paid for by Employee, Governed by ERISA

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/24/2013

You know that many ERISA governed plans provide basic life insurance benefits. But what happens when the plan offers employees the choice to purchase supplemental life insurance? If the employee pays the entire premium...more

Want to Tie the Employee Up to You Forever?

by Kelly Scott | Ervin Cohen & Jessup LLP on 5/24/2013

There are occasions when an employer desires to contractually tie an employee to it for an extended period of time. These situations typically involve unique individuals who have special talents that cannot be easily...more

Garden Leave as Involuntary Servitude?

by Hartnett, Smith & Paetkau on 5/24/2013

After presenting a background of garden leave provisions and the current status of California law, we are discussing challenges to garden leave clauses in part 3 of our four-part series....more

HEAL Advisory: Doctor Non-Solicitation Agreement Not Supported by Legitimate Business Interest

by Zachary Jackson | Epstein Becker & Green, P.C. on 5/24/2013

Lawyers and clients alike often believe that it is easier to enforce a non-solicitation agreement than a non-competition agreement. Sometimes, that's true. However, that does not mean that companies can enforce a...more

European Banking Authority Guidance on Financial Services Bonus Cap

by Nick Thomas, William Yonge | Morgan Lewis on 5/24/2013

Affected financial institutions and investment firms will need to overhaul the way they remunerate many of their highest-paid staff....more

Beware of Choice of Law When Drafting Independent Contractor Agreements

by Renee Inomata | Burns & Levinson LLP on 5/24/2013

As we have previously posted in Choice of Law in a Contract Can Be Critical, Ensuring Your Dispute Is Resolved in the Forum You Want Is Not Always Easy, and Selection of Forum Other Than Massachusetts May Not Avoid Wage Act...more

Simplifying Leaver Provisions?

by Orrick, Herrington & Sutcliffe LLP on 5/23/2013

Introduction - In response to the Nuttall Review of Employee Ownership, the Government has introduced the Companies Act 2006 (Amendment of Part 18) Regulations 2013 (the Regulations) which entered into force on 30...more

Gavel to Gavel: Agreements enforceable

by Sharolyn Whiting-Ralston | McAfee & Taft on 5/23/2013

For years, Oklahoma employers have required employees to sign agreements stating they will not solicit the company’s employees if they go to work for another employer. In April, Gov. Mary Fallin signed legislation confirming...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Deadline Approaching for Compensation Committee Charter Amendments"

by Michael R. Bergmann, Andrew Brady, Brian V. Breheny, Kristin M. Davis, Berit R. Freeman, Richard J. Grossman, Neil M. Leff, Alessandra K. Murata, Audrey Murga, Timothy Nelson, more +Regina Olshan, David C. Olstein, Erica Schohn, Joseph M. Yaffe | Skadden, Arps, Slate, Meagher & Flom LLP on 5/23/2013

As a reminder, by July 1, 2013, compensation committee charters must comply with the new New York Stock Exchange (NYSE) and Nasdaq Stock Market (Nasdaq) listing requirements that were approved by the Securities and Exchange...more

A Recent Development in “Wage and Hour” Insurance

by Rachel Kronowitz, Jason Rubinstein | Gilbert LLP on 5/23/2013

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour...more

Employers With Share Option Schemes Take Note…

by Richard Cook, James Ross | McDermott Will & Emery on 5/23/2013

A recent decision of the United Kingdom’s First Tier (Tax) Tribunal has provided a timely reminder of the importance for employers of notifying their employees of the requirement to promptly reimburse the employer for income...more

OIG's Special Advisory Bulletin on the Effect of Exclusion—Continuing the Focus on Individual Accountability

by George Breen, Jonah Retzinger, Carrie Valiant | Epstein Becker & Green, P.C. on 5/23/2013

On May 8, 2013, the U.S. Department of Health and Human Services' Office of Inspector General ("OIG") released an Updated Special Advisory Bulletin on the Effect of Exclusion from the Participation in Federal Health Care...more

Getting Employees To Care About A Compliance Policy

by Thomas Fox on 5/23/2013

Putting a compliance policy into practice is not something that most companies do very well. How do you get buy-in for a new or amended compliance policy? ...more

Conducting Audits: Financial And Compliance Teams

by Michael Volkov on 5/23/2013

Companies with existing compliance programs are starting to focus on the importance of monitoring, auditing and improving their compliance programs....more

Law360 Quotes Lloyd Chinn on the U.S. Supreme Court’s Granting of Certiorari in Lawson

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/22/2013

In a Law360 article (subscription required) today, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the U.S. Supreme Court’s decision to hear its first-ever whistleblower case under the...more

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Exclusions: OIG Offers Relationship Counseling to Providers

by Summer Swallow | BakerHostetler on 5/22/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs...more

DUI Penalties for Commercial Drivers

by Hoffman DiMuzio on 5/22/2013

The consequences of driving under the influence of alcohol or drugs (DUI) in New Jersey are quite severe for every convicted offender. Commercial drivers such as bus and truck drivers face additional penalties including...more

What's Happening in Business Aviation? May 2013

by Burns & Levinson LLP on 5/22/2013

This edition of the Burns & Levinson Business Aviation Report covers new developments in the following areas of business aviation: • Rentals from leasing aircraft may be subject to the new 3.8 percent tax on net...more

A Catch to a Release

by Laura Buckingham | Field Law on 5/22/2013

A signed release provides peace of mind that all disputes are resolved and there will be no further claims, complaints, or legal action. Or does it? Two recent Ontario cases remind us that a signature alone is not a...more

New Jersey Bill Could Put An End To The Use Of Non-Compete Agreements As We Know It

by Kali Wellington-James | Pepper Hamilton LLP on 5/22/2013

Last month, the New Jersey Legislature introduced a bill that could drastically limit the enforceability of non-compete, non-solicitation, and non-disclosure agreements that New Jersey employers routinely enter into with...more

Retired County Employees Can Amend Their Complaint In An Attempt To Prove Existence Of A Contract for Health Benefits

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 5/22/2013

In 2008, the Sonoma County Board of Supervisors (“County”) acted to cap the county’s contributions for health care benefits for retired employees at $500 per month. The Sonoma County Association of Retired Employees...more

Do You Know the Seven Factors That Comprise "Just Cause"?

by David Froiland | Foley & Lardner LLP on 5/21/2013

The “just cause” standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with “just cause”). However, the standard also has...more

U.S. Supreme Court to Decide Whether SOX’s Whistleblower Provision Protects Employees of Publicly Traded Company’s Contractors

by Noa Baddish, Lloyd B. Chinn, Harris M. Mufson | Proskauer - Whistleblowing & Retaliation on 5/21/2013

On May 20, 2013, the United States Supreme Court granted a petition for a writ of certiorari to review the United States Court of Appeals for the First Circuit’s decision holding that SOX’s whistleblower protection does not...more

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

by Alyesha Asghar Dotson | Spilman Thomas & Battle, PLLC on 5/21/2013

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

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Labor & Employment Law › Commercial Law & Contracts