Pennsylvania Supreme Court Holds Uniform Written Obligations Act Does Not Allow Employer To Enforce Noncompete Unsupported By Consideration

In Socko v. Mid-Atlantic Systems of CPA, Inc. (No. J-40-2015), the Pennsylvania Supreme Court ruled on an issue of first impression: whether the state’s Uniform Written Obligations Act (“UWOA”) allows employers to enforce a…more
| Commercial Law & Contracts, Labor & Employment Law

Looking Backwards and Forward: A Review of Key EEOC Developments, Successes and Failures in FY 2015 and What to Watch For in FY 2016

On November 19, 2015, the Equal Employment Opportunity Commission (EEOC) issued its annual Performance and Accountability Report (PAR), which highlights key EEOC developments over the past fiscal year, ending September 30, 2015…more
| Civil Procedure, Civil Rights, Immigration Law, Labor & Employment Law

District of Columbia Employers Must Provide Transportation Benefit Programs by the New Year

Employers with employees located in the District of Columbia must provide a transportation benefit program to employees by January 1, 2016. This mandatory commuter benefit is among many environmental and sustainability…more
| Labor & Employment Law

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The regulatory…more
| Civil Rights, Government Contracting, Labor & Employment Law

Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule to…more
| Health, Labor & Employment Law

Fifth Circuit Holds Refusal to Accept Employee's Rescission of Resignation Can Be Considered Retaliation

On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered…more
| Labor & Employment Law

SEC Report Indicates Whistleblower Program Going Strong

Compliance professionals and attorneys received confirmation on Tuesday of what many have long expected: the U.S. Securities and Exchange Commission whistleblower program is steadily growing in scope and impact, and the SEC is…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

The EEOC Issues Proposed Rule on GINA and Wellness Programs

On October 30, 2015, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) to amend the regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) as they…more
| Civil Rights, Health, Labor & Employment Law

California Supreme Court to Decide Whether Finding That UTSA Claim Was Filed in Bad Faith Can Revive a Previously Dismissed Malicious Prosecution Claim

The California Supreme Court’s recent decision to review the Second District Court of Appeals’ ruling in Parrish v. Latham & Watkins, 238 Cal. App. 4th 81 (2015) sets the stage for a potential sea change in the litigation of…more
| Civil Procedure, Intellectual Property, Labor & Employment Law

Missouri Appeals Court Holds Sexual Orientation Discrimination is not Prohibited by Missouri Human Rights Act

In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act (“MHRA”) does not prohibit discrimination based on sexual…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0 Suggests Safe Harbor 2.0 is on the Horizon

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor to…more
| Consumer Protection, International Law & Trade, Labor & Employment Law, Privacy, Science, Computers, & Technology

Changes to Paid Sick Time in New Jersey: Elizabeth Becomes 10th Municipality to Require Paid Sick Leave and Jersey City Expands its Paid Sick Leave Ordinance

On October 29, 2015, the City Council in Jersey City, New Jersey voted to broaden the scope of its paid sick leave ordinance, which was enacted in 2013. Just four days later, on November 3, 2015, voters in Elizabeth, New Jersey…more
| Labor & Employment Law

New York City Commission on Human Rights Issues Guidance on Citywide "Ban-the-Box" Law

On November 5, 2015, the New York City Commission on Human Rights (NYCCHR) released its 13-page Interpretative Enforcement Guidance regarding the City's Fair Chance Act (FCA). The FCA, which became effective on October 27,…more
| Civil Rights, Labor & Employment Law

Supreme Court to Review Birth Control Mandates Under Affordable Care Act Once More

For the third time in four years, the U.S. Supreme Court will hear a challenge to a portion of the Affordable Care Act (ACA), President Obama’s signature health reform law passed in 2010. On November 6, 2015, the Supreme Court…more
| Health, Labor & Employment Law

House Passes Transportation Bill with Meal and Rest Break Implications

On November 5, 2015, the House of Representatives approved a transportation funding bill with an amendment that would reverse a 2014 Ninth Circuit decision that California's meal and rest break laws are not preempted under the…more
| Conflict of Laws, Labor & Employment Law
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