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Employer Liability Issues › Duty of Loyalty

PilieroMazza PLLC

Disloyal Employees: Disgorgement Offers Employers Some Reprieve

PilieroMazza PLLC on

In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their...more

Holland & Knight LLP

Ninth Circuit Decisions Overrule 35-Year Precedent in ERISA Arbitration Disputes

Holland & Knight LLP on

In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act (ERISA) disputes were not arbitrable. The...more

Stoel Rives LLP

We’re Not California, Yet: Washington Enacts Some Limitations on Noncompetition Agreements and Moonlighting Bans

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Washington has not gone as far as California, which generally bars all forms of noncompetition agreements. However, after several years of unsuccessful attempts, the Washington legislature has just passed Engrossed Substitute...more

Seyfarth Shaw LLP

Gig Workers And The Duty Of Loyalty

Seyfarth Shaw LLP on

Seyfarth Synopsis: Thinking of converting your independent contractors to employees? Not so fast. There are many implications to consider. Below we touch on one of them....more

Genova Burns LLC

Appeals Court Tells Former Employees: Two Wrongs Don’t Make Them Right

Genova Burns LLC on

The Third Circuit skirted the issue as to the means by which the employer, Scherer Design Group (“SDG”) found out about the theft. In the end, the fact that an employer may have violated the common law by accessing private...more

Amundsen Davis LLC

Exit Stage Left –Tips For When A Key Employee Moves To A Competitor

Amundsen Davis LLC on

As with most things in life, you should hope for the best, but plan for the worst in the event that a valued employee leaves to join a competitor. This post contains some helpful tips to keep in mind following such a move by...more

Littler

Littler Global Guide - Sweden - Q3 2018

Littler on

Policy Requiring All Employees to Shake Hands Discriminated Based on Religious Belief - Precedential Decision by Judiciary or Regulatory Agency - During a job interview, a job seeker refused to shake the company...more

Littler

Victory for NYU After First Trial in the 401(k) Fee Cases Filed Against Colleges and Universities

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In the past two years, more than 16 prominent colleges and universities across the country have been targeted by class action lawsuits filed under the Employee Retirement Income Security Act (ERISA) challenging the fees and...more

Pullman & Comley - Labor, Employment and...

Is Disloyalty Its Own Reward?

Pullman & Comley - Labor, Employment and... on

May a disloyal employee keep the compensation his employer paid him, even while he was betraying his employer’s trust? In a recent case, the Connecticut Supreme Court said “yes, at least in some circumstances.” Here’s the...more

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