News & Analysis as of

General Business Labor & Employment

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Multiple Artificial Intelligence Bills Introduced in House and Senate

Over the last two months, the United States legislature has introduced three new bills intended to establish a Federal Advisory Committee on the rapidly-evolving field of artificial intelligence (AI) and to analyze and report...more

Medical Marijuana Goes On Sale at Pennsylvania Dispensaries This Week

As you may recall, we wrote late last month that Pennsylvania’s first licensed medical marijuana dispensary opened in the Lehigh Valley and expected to have products for sale by February or March of 2018. In the following...more

S.D.N.Y Dismisses Dodd-Frank Whistleblower Action

On February 5, 2018, U.S. District Court for the Southern District of New York granted Defendant Khan Funds Management America, Inc.’s Rule 12(b)(6) motion to dismiss a whistleblower retaliation claim under Dodd-Frank on the...more

Legal Advisor Newsletter - First Quarter 2018

by PilieroMazza PLLC on

The topics in the Legal Advisor focus primarily on corporate and business matters, federal contracting, employment law, intellectual property and electronic commerce. We encourage our readers to communicate their views to us...more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Government Initiatives in Response to Wave of Harassment Allegations Challenges Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an...more

Employees Again Sue Jimmy John's Based on Hiring Restriction

A few years ago, the Jimmy John’s sandwich restaurant chain ran into problems over noncompetition agreements entered into with hourly workers at its franchisees’ stores. Several state attorneys general contended that...more

Lessons From The Waymo v Uber Trade Secrets Trial

by Fisher Phillips on

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

Late Notice Under Claims-Made Policy Torpedoes Claim

by Nexsen Pruet, PLLC on

A recent ruling by a North Carolina federal district court highlights the different treatment the courts give to the late notice defense under a claims-made liability insurance policy versus an occurrence-based policy. The...more

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

Uber and Waymo Settle Trade Secret Dispute

by Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

Selling Your Winery? 7 Issues to Consider Before Putting Your Winery on the Market

Having decided to sell your winery, you have hired a broker or adviser to help you market the property, circulated marketing materials to prospective buyers, and invited those buyers to submit an expression of interest....more

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

Turns Out Attempting To Insert New Term Into Collective Bargaining Agreement Not Agreed To In Negotiations Violates The Law…Who...

As we have noted previously, the make-up of the Board currently stands at four out of five total members, divided evenly between two warring factions making it pretty much impossible to change the law which requires a...more

Serious changes for fixed-term employment in Germany announced

by Bryan Cave on

The formation of a new government in Germany has not yet been completed however since February 7, 2018, the coalition agreement has been signed. Such political guidelines were consistently implemented during the last...more

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

by Bass, Berry & Sims PLC on

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

The European Union’s GDPR Is Coming: Is Your Company Ready?

If you have employees or are doing business with individuals in the European Union, on May 25, 2018, you will be subject to some new regulations. The General Data Protection Regulation (GDPR) sets a new, heightened standard...more

Manatt on Medicaid: 10 Trends to Watch in 2018

Medicaid has entered a period of volatile change, unprecedented in its 51-year history. With 74 million members nationwide,1 Medicaid provides health coverage to more than one in four Americans, ensuring access to...more

More flexibility for employers in Belgium in 2018: Profit Bonus and E-Commerce

A new bill, the so-called Programme Act of 25 December 2017, introduces as from 1 January 2018 a series a new legislative initiatives in Belgium which offer more flexibility for employers. 1. Tax friendly profit sharing...more

Ironically, a General Release Needs to Be Specific to Apply to Wage Act Claims

by Burns & Levinson LLP on

Often, when settling a dispute, I include a general release that goes something like this...more

Federal Employment Law Updates

by White & Case LLP on

New Tax Law Limits Deductibility of Confidential Sexual Harassment and Abuse Settlements - Effective December 22, 2017, new Section 162(q) of the Internal Revenue Code of 1986, as amended (the "Code"), denies businesses...more

Love Contracts and Policies on Office Romance: What Can an Employer Do if Love is in the Air?

by Nexsen Pruet, PLLC on

February is often called the “month of love,” and for employers, it may be an appropriate time to consider how to address issues surrounding workplace romance. Regardless of whether employers approve, it is likely inevitable...more

Ninth Circuit Affirms Carrier Had Duty to Defend Employment Class Action

Fewer and fewer companies in California have insurance coverage for “wage and hour” claims, i.e. claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide accurate itemized wage...more

Human Trafficking Raises Corporate Liability Concerns for the Hospitality Industry

Recent U.S. lawsuit against corporations, including major hotel chains, shines the spotlight on the need for anti-human trafficking compliance. U.S. law creates corporate liability for entities, such as hotels, casinos and...more

Walk The Compliance Walk In 2018

by Jackson Lewis P.C. on

The New Year is prime time to take a look at your Code of Conduct and compliance policies both to consider whether you are up to date on all applicable requirements, but also so that you are fluent in your own processes and...more

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