News & Analysis as of

Breach of Contract Employment Policies

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Ius Laboris

Can employers monitor their employees’ social media posts?

Ius Laboris on

Increasingly, employers are being made aware of employee misconduct that is evidenced by photos, videos or other social media posts. What are employers allowed to do when it comes to their employees' posts, what are the...more

Cranfill Sumner LLP

Business Court Holds that Employees’ Continued Work for Reduced Salaries Waived Claims for Breach of Employment Contracts

Cranfill Sumner LLP on

In Gallaher, et al. v. Ciszek, et al., 2022 NCBC 67, Chief Business Court Judge Louis A. Bledsoe, III, recently held that three neonatologists who continued to work after their employer unilaterally reduced their...more

Jackson Lewis P.C.

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Jackson Lewis P.C. on

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully...more

Littler

Mandatory vaccines for the workplace: worth a shot?

Littler on

With over half the adult population having now received their first vaccine, many employers will be wondering how they can use the vaccine rollout to get employees back into workplaces....more

Faegre Drinker Biddle & Reath LLP

Minnesota Supreme Court Rules That Handbook Policies Can Be Contractual Notwithstanding Disclaimer

In a recent 5-2 decision, Hall v. City of Plainview, the Minnesota Supreme Court held that a general contract disclaimer in an employee handbook did not, as a matter of law, nullify a breach of contract claim with respect to...more

Dorsey & Whitney LLP

Employee Handbooks (and Policies): Make Sure that the Policies and Disclaimer Accomplish their Purpose

Dorsey & Whitney LLP on

On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more

Jackson Walker

COVID-19 & Your Business: Frequent Questions

Jackson Walker on

With heightened concern about the possible spread of COVID-19, a number of issues arise that concern businesses of all kinds. In this article, we discuss some questions companies frequently ask. Because physicians and...more

Burr & Forman

Think your evidence is solid? Jury, judge, and appeals court may disagree

Burr & Forman on

We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more

Farrell Fritz, P.C.

Fox News Executive Not a Faithless Servant, Despite Allegations of Sexual Harassment

Farrell Fritz, P.C. on

In a recent Commercial Division decision, Pozner v Fox Broadcasting Company, (2018 NY Slip Op 28102 [Sup Ct, NY County Apr. 2, 2018]), Justice Saliann Scarpulla declined to extend the application of the faithless servant...more

Mintz - Sports Entertainment Viewpoints

Where is the Line? Options for Professional Leagues and Teams Facing On-Field Player Social Activism

In July 2016, four players on the Minnesota Lynx WNBA team wore black shirts in support of the Black Lives Matter social justice movement. The WNBA fined the players, but later rescinded the fines. In August 2016, San...more

BCLP

Tips For Drafting Employee Handbooks – Tip #3: Avoiding Breach of Contract Claims

BCLP on

This article is part three in a six-part series. The purpose of this series is to provide tips and identify potential pitfalls associated with the drafting of an employee handbook....more

Seyfarth Shaw LLP

What Underlying Facts are Required to Assert a Valid CFAA Claim Based on “Exceeds Authorized Access” in Georgia?

Seyfarth Shaw LLP on

The Computer Fraud and Abuse Act (“CFAA”) gives rise to an actionable claim if someone “knowingly access[es] a computer without authorization or exceed[s] authorized access.” 18 U.S.C. § 1030(a)(1). The term “exceeds...more

Fisher Phillips

Ownership of Social Media Accounts

Fisher Phillips on

It is becoming increasingly common for issues to arise relating to employer vs. employee ownership of a social media account and the names, addresses, etc. that go along with that account. Business-related social media...more

Cooley LLP

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

Cooley LLP on

On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

Franczek P.C.

“Super” Anti-Harassment Policy May Create Unanticipated Liability

Franczek P.C. on

Ordinarily, employers think of anti-harassment policies as a means of defending themselves against harassment claims rather than a source of liability. However, a recent decision from a U.S. District Court in Connecticut...more

Hinshaw & Culbertson LLP

Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond That Which is Required by Law

A Costco employee suffered from Tourette's syndrome, and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well...more

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