News & Analysis as of

Confidentiality Agreements Employee Handbooks

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

by Littler on

In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Executive Labor Summary - July / August 2016

NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

D.C. Circuit Upholds NLRB Position on Illegal Handbook Policies

Over the past several years, the National Labor Relations Board has repeatedly declared standard employee handbook policies illegal because it considered them to violate employees’ rights to engage in protected concerted...more

Defend Trade Secrets Notification Requirement

by Thompson Coburn LLP on

Most companies are aware that President Obama recently signed into law new federal trade secret protection, entitled the Defend Trade Secrets Act (DTSA). The DTSA provides protection for trade secrets similar to that found in...more

Avoid Potential Traps When Updating Employment Terms in Your Key Documents

by Foley & Lardner LLP on

There is little debate that best practices for employers include periodically refreshing the company’s key employment documents like personnel policies, confidentiality and nondisclosure agreements. Quite often, there are...more

Handbook Revisions Due

by Sherman & Howard L.L.C. on

The U.S. Court of Appeals for the District of Columbia sided with the NLRB on 3 common employer policies. These rules violate the NLRA on their face...more

NLRB Case Explains Agency's Position on Confidential Information Policies

Many, if not most employers maintain policies regarding disclosure by employees of confidential business information. Sometimes these policies appear in employee handbooks, and sometimes employees are required to sign...more

"WTF", Under the NLRB, Employers Should "Cut the Crap?" The NLRB on Employer Rules, Handbooks, and Increased Employee...

by Burr & Forman on

As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum...more

Is It Time to Switch Gears? Enforceability of Automotive Company Employee Confidentiality Restrictions

by Foley & Lardner LLP on

Given the large workforces and importance of intellectual property and trade secrets in the automotive industry, automotive companies rely heavily on confidentiality provisions in employment agreements and employee handbooks....more

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

by Akerman LLP - HR Defense on

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

by Holland & Knight LLP on

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

SEC Blows the Whistle on Confidentiality Agreements

by Foley & Lardner LLP on

Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise the confidentiality provisions in employment agreements, severance agreements, employee...more

15 Things To Do To Protect Value After April 15

by Ervin Cohen & Jessup LLP on

April 15, a date that lives in infamy. That is what FDR said about December 7, 1941, but many people feel the same way about April 15, also known as “Tax Day”. No one likes paying money to the IRS, even those persons who...more

Employer’s confidentiality agreement triggers SEC action and penalty - review and revise agreements now

by DLA Piper on

Consistent with its prior announcements that it will protect and encourage whistleblowers, the SEC recently announced its “first enforcement action” against a company for using allegedly restrictive language in an agreement...more

State Court Holds Employers Must Protect Trade Secrets From Independent Contractors

by Fisher Phillips on

A recent Massachusetts Superior Court decision held that employers risk losing trade secrets and confidential information if they do not protect that information from independent contractors. The court held that employers who...more

Employers Beware: NLRB Continues to Target Policies and Agreements

by Nexsen Pruet, PLLC on

The National Labor Relations Board (NLRB or Board) continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute...more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

by Epstein Becker & Green on

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

2013 Is Here – Are You “Employment Ready”

As we presented at our December 2012 Breakfast with Bradley program, the governmental agencies responsible for the enforcement of the employment laws and regulations continue to expand their reach by issuing pro employee...more

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