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Labor & Employment General Business

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Even a Well-Crafted Non-Compete May Not Get You Injunctive Relief

by Burns & Levinson LLP on

No doubt, having a properly drafted agreement is critical if you wish to prevent a former employee from competing against you or soliciting your customers. But, simply having a clear and straight-forward agreement may not be...more

Fifth Circuit: Discretionary Ban Does Not Mandate De Novo Review

by Seyfarth Shaw LLP on

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Apr. 21, 2017), the Firth Circuit concluded that Texas’ ban on discretionary clauses in certain insurance policies did not require a de novo review of...more

Pennsylvania Court Rules That Switch To At-Will Work Doesn’t End Restrictive Covenant

by Saul Ewing LLP on

On April 19, 2017, a Pennsylvania appeals court ruled that conversion to at-will employment after the end of a contract does not relieve employees of a non-solicitation provision. This opinion overturns a trial court decision...more

Company Liable for Not Providing Accurate Information about Benefits

by Dickinson Wright on

A recent court case, Erwood vs Life Insurance Company of North America, is a reminder that plan sponsors must understand the terms of their welfare and retirement benefit plans, and ensure that their staff follows the...more

The zero-hours contract debate: is the end in sight?

by Dentons on

It was reported yesterday that McDonald’s is set to offer employment contracts containing fixed hours to its 115,000 employees employed under zero-hours contracts. This follows a trial offer across 23 restaurants, following...more

Big For Gigs: New Florida Law To Eliminate Misclassification Battles

by Fisher Phillips on

I wrote an article yesterday about the new law that is about to be signed by Florida Governor Rick Scott that will ensure ride-sharing drivers are classified as independent contractors and not employees. You can check out the...more

Termination for convenience: What is the contractor entitled to?

by White & Case LLP on

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

Employee Business Expenses must be Ordinary and Necessary

by Foodman CPAs & Advisors on

Employees may be able to deduct their work related expenses as an itemized deduction. These expenses must be unreimbursed expenses that are ordinary and necessary to their work as an employee. According to IRS, an ordinary...more

Does Your Company Need an Affirmative Action Plan?

by Nexsen Pruet, PLLC on

Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national...more

New Rights for Freelance Workers in New York City

by Dorsey & Whitney LLP on

New York City has become the first city in the nation to protect freelance workers through legislation to prevent client non-payment, which is alleged to have become widespread. Some sources have estimated that 4 million...more

Texas Pre-Suit Discovery – Obligations Under Unusual Procedure Clarified

by Jackson Lewis P.C. on

Although most employers are very familiar with the usual discovery process of litigation, they may not be as familiar with the Texas Rules of Civil Procedure’s Rule 202, which concerns pre-suit depositions. Rule 202 can be...more

European Commission Launches Competition Law Anonymous Whistleblower Tool

by Jones Day on

The European Commission has introduced a new tool to encourage individuals to disclose anticompetitive conduct on an anonymous basis. Individuals are invited to supply inside knowledge to help the Commission uncover cartels...more

What To Do When You Hire A Thief

by Foley & Lardner LLP on

Employers victimized by trade secret misappropriation appropriately express righteous outrage, both at the offending ex-employee and sometimes at the new employer. However, on another day the roles can reverse: That same...more

A Retailer’s Failure to Pay Time And A Half for Work Performed on Sundays And Holidays May Violate Massachusetts’ Payment of Wages...

by Littler on

Massachusetts law requires most retail employers to pay employees time and a half for work performed on Sundays and certain holidays. In a case of first impression, a Massachusetts Superior Court judge recently held that...more

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

by Carlton Fields on

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more

Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After thirty-three former employees who signed release agreements requiring individual arbitration of ADEA claims collectively sued their employer for age discrimination, the employer moved to compel...more

Conversion to At-Will Status Does Not Void Restrictive Covenant, PA Court Holds

by Ballard Spahr LLP on

Non-solicitation covenants contained in two expired employment agreements were still in effect even after the employees in question were converted to "at-will" status and later terminated, the Pennsylvania Superior Court has...more

Employment News - April 2017 #3

by Hogan Lovells on

Taking the long view – potential nine month restriction for broker upheld - In Tradition Financial Services Ltd v Gamberoni the High Court has upheld six month non-compete and non-solicitation covenants, despite...more

Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of...more

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

The Official Delay of the Fiduciary Rule: A Compromise

by Snell & Wilmer on

On April 7, 2017, the DOL published a final rule, officially delaying the applicability of the Fiduciary Rule for 60 days, until June 9, 2017....more

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different,...

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a...more

President Trump Issues “Buy American and Hire American” Executive Order With Significant Federal Procurement Implications

by King & Spalding on

On April 18, 2017, President Donald Trump signed another executive order with potentially significant implications for international trade and U.S. manufacturers. Building on his previous executive orders addressing...more

Corporate Culture and Whistleblowers: A Reliable Barometer of a Company’s Culture

by Michael Volkov on

If you want a reliable indication of a company’s culture, just look at how the company treats employee concerns and whistleblowers. Recent events have highlighted serious failures on the part of major companies to address...more

Key California Employment Law Cases: February 2017

by Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

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