On June 9, 2021, the National Labor Relations Board held that a party’s solicitation of one or more mail ballots constitutes objectionable election conduct that may warrant setting aside an election. Professional...more
Many employers have “no solicitation” policies for the workplace, prohibiting employees from soliciting for causes of any kind at work. These policies can be tricky to enforce when union solicitation is at issue....more
On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and...more
In a case that started back in February of 2013 – when Security called 9-1-1 and had police escort non-employee union organizers out of the employer’s cafeteria – the Board “modified” decades of its own precedent. Sort of....more
Over the last 18 months, no-poach provisions in franchise agreements have drawn considerable attention from academics, state attorneys general, politicians, and the class action plaintiffs’ bar. Originally published in...more
Many pollsters are predicting Congress could switch from Republican to Democratic control in November. It has been quite some time since we have seen any significant employment legislation from the Congress, but a newly...more
Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves...more
New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information. This sounds like a pretty standard...more
There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees. In addition, the Department of Justice (DOJ) Antitrust Division made a splash a few...more
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR...more
As we approach the November elections, it may be time to replenish your corporate PAC, also known as your Separately Segregated Fund (SSF). In early June, the Chairman and two commissioners of the Federal Election Commission...more
If you’ve been following my corporate divorce series, you are familiar with my view about who owns what at the end of the employment relationship, who pays what to whom, and even how to end the relationship. But I have yet to...more
The National Labor Relations Act protects employee solicitation of other employees and distribution of literature to form or join a union or to engage in other “concerted” activities. However, employers have the ability to...more
In Cypress Semiconductor Corporation v. Maxim Integrated Products, Inc., the California Court of Appeal affirmed a trial court’s award of $180,817.50 in attorneys’ fees plus costs to Maxim Integrated Products, Inc. as the...more
The National Labor Relations Act’s limitations on employer no-solicitation/no-distribution policies have been established for decades, right? Most labor relations practitioners and Human Resources specialists are familiar...more
Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking in order to measure their readiness for the coming year. We hope that you find this...more
On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company...more
The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more