News and Events for Attorneys and Executives

Tag: EmploymentLaw

When Union Contracts And Overtime Law Conflict: Court Provides Balance For Employers

Insight
The case involved an offshore oil worker whose contract called for 12-hour shifts for a week and required him to be on the off platform between shifts.

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Female Attorneys Sue Biglaw Firm Over ‘Fraternity’ Atmosphere, Allege Bias Against Women

News
Jones Day is being sued for gender, pregnancy and maternity discrimination to the tune of more than $200 million, reports Crain’s Cleveland Business.

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Invalidating a Non-Compete Agreement

Invalidating a Non-Compete Agreement

Insight
There are circumstances that allow a departing employee to challenge the legitimacy of a non-compete agreement, even if this type of contract meets all the legal requirements, writes Romy Jurado of Jurado & Farshchian.

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Key Terms for Provider Contracts

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A good contract with an employed or contracted physician or other practitioner may help you avoid regulatory violations and future disputes, advises Kim Stanger of Holland & Hart.

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Employers Face Hurdles in Enforcing Non-Competes Against Lower-Wage Workers

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Courts across the country are refusing to enforce non-competes against lower-wage employees and now states are taking action to preclude these agreements, Foley & Lardner reports.

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What Not to Do: Construction Contractor Charged With Lying to OSHA

What Not to Do: Construction Contractor Charged With Lying to OSHA

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A case discussed in a Seyfarth Shaw blog provides an important lesson: Don’t lie under oath, especially when there exists discoverable evidence to the contrary.

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Are Contractor Agreements Not Worth the Paper They’re Printed On?

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A recent ruling in an Alabama federal court illustrates how having a valid independent contractor agreement is not necessarily an impenetrable magic shield automatically rendering misclassification claims null and void, according to Fisher Phillips’ Gig Employer Blog.

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Where Did We Go Wrong? Planning for Issues in Employment Agreements

Insight
When drafting executive agreements, it is easy to focus almost exclusively on benefits and wages, the popular areas, without properly addressing some of the legal concerns that have grown over the last several years, according to Davis, Brown, Koehn, Shors & Roberts.

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Court Agrees General Counsel Was Fired for Whistle-Blowing; Upholds $8 Million Verdict

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The 9th Circuit ruled that the former general cousnel had acted as a whistle-blower and was dismissed in retaliation for reporting conduct that he “reasonably believed” to be illegal.

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Turbulence on Breach of Employment Agreement, Trade Secret Misappropriation

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The Fourth Circuit found that the ex-employee had not breached the non-compete clause because his role at his new employer was not sufficiently similar to constitute a breach.

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Ex-Winston Lawyer Can’t Be Forced to Arbitrate Job Claims

News
Bloomberg Law is reporting that a former Winston & Strawn LLP intellectual property attorney can litigate—and can’t be forced to arbitrate—her pay, bias, and retaliation claims.

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‘Breaking Contracts has Consequences’ – Third Circuit Backs Employer with Restrictive Covenant Agreements

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Employers should be mindful that entering restrictive covenant agreements containing merger clauses may nullify prior restrictive covenant agreements, advises Genova Burns.

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Overbroad Geographic Restriction Dooms Covenant Not to Compete

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The reach of the geographic restriction in the convenant should extend only as far as the employee’s geographic activities extend.

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Fired Hershey IP Attorney Sues Alleging Race, Age, Sex Bias

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The 52-year-old former senior counsel for global intellectual property at Hershey Co., has sued his ex-employer, claiming he was replaced with a younger, black, female lawyer in a case of race, age and sex bias.

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Job-Seeking Lawyer Loses Age Discrimination Case Based on Experience Cap

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The job applicant, with 25 years of legal experience, didn’t get an invitation to interview for the position that was aimed at lawyers with three to seven years experience.

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Have You Really Agreed to Arbitrate?

Have You Really Agreed to Arbitrate?

Insight
An appellate court found that the arbitration clause in the contract did not specify what forum would substitute in place of the jury trial.

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Jury Awards $21 Million to Hotel Dishwasher After She Was Forced to Work on Sundays

News
A federal jury in Miami set a $21.5 million verdict for a Haitian immigrant in a religious accommodation case who lost her job at a Conrad Hotel because she would not work on Sundays because of religious beliefs.

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Negotiating a Labor Contract: Finding the Style that Suits You

Insight
In labor contract negotiations, should you be low key? Should you yell and pound the table?

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HP and Hewlett Packard Enterprise Will Pay a $25 Million Settlement to Salespeople Who Sued Over Messed Up Pay

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Business Insider reports that about 2,000 of HP’s and Hewlett-Packard Enterprise’s salespeople will finally be getting their share of a $25 million settlement paid to them by the two companies.

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Arbitration Agreements: Tips for Enforceability

Insight
Steven P. Gallagher of Akerman LLP offers some tips on what to do — and not do — when arbitration agreements for new hires.

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