News & Analysis as of September 19, 2024

Employee Handbooks › Confidential Information

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both... more +

Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

My Mom is a Client. When I Move Firms, Can I Wish Her Happy Birthday? How Restrictive Covenants and Trade Secret Laws Can Impact...

Nilan Johnson Lewis PA on 12/14/2023

We defend many financial advisory firms and individuals in restrictive covenant and trade secret litigation. When an advisor moves from one firm to another, we help manage legal risk, and, if necessary, defend against the...more

Top 10 Tips for Drafting Whistleblower Compliant Arrangements

Troutman Pepper on 11/30/2023

Background - Under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Congress expanded protections for whistleblowers reporting possible violations of federal securities laws to the...more

New York Narrows the Scope of Employee “Invention Assignment” Provisions

Troutman Pepper on 10/13/2023

On September 15, New York enacted Labor Law Section 203-f, limiting the enforceability of invention assignment provisions in employment agreements. Under the new law, employers do not have rights to any employee inventions...more

New York Restricts Assignment of Employee Intellectual Property

Epstein Becker & Green on 10/9/2023

On September 15, 2023, New York Governor Kathy Hochul signed SB 5640 into law, adding New York to the growing list of states that restrict the enforcement of employee intellectual property assignment agreements....more

Considerations for California Employers about Side Hustle Culture

Fox Rothschild LLP on 7/21/2023

Gen Zers are embracing side hustle culture. A recent survey [Deloitte’s 2023 survey] about work and culture found that 46% of Gen Zers and 37% of Millennials reported taking on a side job in addition to their primary...more

Artificial Intelligence (“AI”) at Work

Fox Rothschild LLP on 4/27/2023

Can you take the “human” out of Human Resources? With the increasing curiosity and use surrounding ChatGPT and other AI platforms, businesses are struggling with how to manage the use of AI in the workplace. Weighing the...more

News of Supreme Court Leak is a Good Reminder to Revisit Confidentiality Policies

Verrill on 5/5/2022

If you have been on social media today (or yesterday) or picked up a newspaper or listened to the radio or watched television—really if you have consumed news in any format, you likely are aware that POLITICO obtained an...more

Will Employee Handbooks Need To Be Changed Again?

Ruder Ware on 8/20/2021

The newly-appointed General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, has issued a memorandum to NLRB regional offices saying that she intends to “reexamine” positions taken by her predecessors...more

Top Five Labor Law Developments For July 2020

Jackson Lewis P.C. on 8/13/2020

1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more

Protecting Your Trade Secrets in a COVID-19 World

Lowndes on 4/22/2020

Remote work. Shuttered offices. Courthouse closures. Social distancing. Business in a COVID-19 world has been turned upside down. In our current climate, it is more important than ever to protect your intellectual property...more

Coronavirus: Employer Action Items

Littler on 2/18/2020

Employers are doing their best to respond to the 2019 New Coronavirus (2019-nCoV) epidemic. The outbreak that began in China has rapidly evolved into a global crisis. It has caused turbulence in financial markets, forced...more

Coronavirus: Employer Action Items

Littler on 1/30/2020

Employers are struggling to determine how to respond to the 2019 novel coronavirus (2019-nCoV) outbreak, which, while originating in China, has swiftly turned into a perceived international crisis, upending financial markets,...more

The NLRB Permits Employers to Impose Confidentiality Requirements in Ongoing Workplace Investigations

Kramer Levin Naftalis & Frankel LLP on 12/23/2019

On Dec. 17, 2019, the National Labor Relations Board (NLRB) held that confidentiality mandates during the course of workplace investigations are presumptively lawful. ...more

NLRB Permits Confidentiality Requirements in Ongoing Workplace Investigations

Hogan Lovells on 12/20/2019

On December 17, 2019, the National Labor Relations Board (“NLRB”) held that confidentiality mandates during pending workplace investigations are lawful. This ruling overruled the NLRB’s recent precedent that such mandates...more

NLRB: Employers May Require Confidentiality In Workplace Investigations

Fisher Phillips on 12/19/2019

The National Labor Relations Board just ruled that employers may now require confidentiality from employees involved in open workplace investigations. Importantly, Tuesday’s decision in Apogee Retail LLC resolves conflicting...more

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

Proskauer - Labor Relations Update on 12/19/2019

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

NLRB Continues Employer-Friendly Shift; Employers Can Prohibit Discussion of Workplace Investigations

Benesch on 12/19/2019

Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision,...more

New Requirements for Noncompetition Agreements in Oregon and Washington

Schwabe, Williamson & Wyatt PC on 5/21/2019

Employers with noncompetition agreements in Oregon and Washington must take note of the changes enacted by the legislature in both states. Noncompetition provisions are restrictive covenants, which can appear on their own in...more

Employment Handbooks and Confidentiality

Snell & Wilmer on 4/30/2019

Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more

NLRB Weighs in on Confidentiality, Personal Use of Company Email, and Other Workplace Policies

Akerman LLP - HR Defense on 4/10/2019

Employers should be careful about designating Employee Handbooks confidential as, according to the National Labor Relations Board’s advice division, that would be unlawful. That advice was contained in one of five memoranda...more

12 Days of HR: All I Want For Christmas Is . . . A Side Hustle?

Verrill on 12/21/2018

In recent years, “side hustles” have become an increasingly common phenomenon among employees in all industries to supplement income from a “traditional” job. A key attribute of side hustles is that they are self-managed, and...more

An Employer’s Spooky Interpretation of its Bring Your Own Device (BYOD) Policy

Gray Reed on 10/31/2018

Mark Eting is one of Duncey’s Caps top outside sales agents. Because the company is based in Texas, but Mark lives in Cleveland and sells for the company in the northeast, Mark purchased a personal computer and a laptop to...more

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on 7/10/2018

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on 8/21/2017

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Proskauer - Labor Relations Update on 8/17/2017

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion,...more

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