Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more
12/4/2019
/ Appeals ,
Children's Toys ,
Competition ,
Confidential Information ,
Counterclaims ,
Former Employee ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Mattel ,
MGA Entertainment ,
Misappropriation ,
Misrepresentation ,
Preservation of Rights ,
Retail Market ,
State and Local Government ,
Statute of Limitations ,
Time-Barred Claims ,
Trade Secrets ,
Uniform Trade Secrets Acts
Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more
9/13/2019
/ Appeals ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Independent Contractors ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
2/25/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
First Impression ,
JPMorgan Chase ,
Motion to Compel ,
Notice Requirements ,
Unpaid Overtime ,
Wage and Hour
Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more
10/19/2018
/ #MeToo ,
Appeals ,
Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Harassment ,
Health Care Providers ,
Home Health Care ,
Hostile Environment ,
Internal Investigations ,
Internal Reporting ,
Offensive Language ,
Summary Judgment
Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more