News & Analysis as of

Employee Solicitation

Littler

Solicitation of Mail Ballots Constitutes Objectionable Conduct

Littler on

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

Stokes Wagner

NLRB Redefines “Union Solicitation”

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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

Littler

Employers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA

Littler on

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

McNees Wallace & Nurick LLC

NLRB Continues on an Employer-Friendly Roll

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

Troutman Pepper

Legal Challenges to No-Poach Provisions in Franchise Agreements

Troutman Pepper on

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

Cozen O'Connor

New Bill is Preview of What Might Happen if Congress Flips in November

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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

Farrell Fritz, P.C.

Is Customer Information A Trade Secret? Not So Fast!

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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

Mintz - Employment Viewpoints

Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful...

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

McDermott Will & Emery

THE LATEST: Employee “No-Poaching” Agreements Remain in the Antitrust Crosshairs

McDermott Will & Emery on

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

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Put HR Executives on Notice That Anticompetitive Hiring and Compensation Practices May Be Subject to Criminal...

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

Stinson LLP

Raise Your Hand if You Are Contributing—FEC Dismissal of Charges Offers Insight about Coercing Contributions to Your PAC

Stinson LLP on

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

Mintz - Employment, Labor & Benefits...

Corporate Divorce Series: Is Employee Solicitation A New Kind of Custody Dispute?

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

Foley & Lardner LLP

Someone’s Knocking: If It’s the Union, Don’t Let Them in

Foley & Lardner LLP on

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

Holland & Knight LLP

Trade Secrets Misappropriation Suit Over Solicitation of Employees - Cypress Semiconductor Corporation v. Maxim Integrated...

Holland & Knight LLP on

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

Littler

Solicitation and Distribution Rules and Their Enforcement Under Attack: NLRB Continues to Narrow Employer Limitations on Workplace...

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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

Levenfeld Pearlstein, LLC

2013 Labor And Employment Law Checklist

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

Dickinson Wright

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

Dickinson Wright on

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

Orrick - Employment Law and Litigation

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

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

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