Employment
Court Won’t Enjoin Physician Who Breached Non-Compete and Consented to Injunction
Article
When his former employer asked a Providence, Rhode Island Superior Court judge to enter an injunction, the judge refused to prevent patients from being treated by a doctor of their own choosing, reports Paul E. Freehling of Seyfarth Shaw on the firm’s Trading Secrets blog.
U.S. Treasury Issues Report on the Economic Effects of Non-Compete Contracts
Article
The Treasury Department is concerned that the prevalence of non-compete agreements raises important questions about worker welfare, job mobility, business dynamics, and economic growth.
Webinar: Why Strategic HR is Crucial Now, and How to Get Started
Event, April 19, 2 p.m. EDT
BanbooHR will present a complimentary webinar designed to help companies’ human relations departments become more strategic to solve more imminent business problems.
Katz, Marshall & Banks Partner Co-Authors Whistleblower Law Practitioners Guide
News
Lisa J. Banks of Katz, Marshall & Banks and Jason Schwartz of Gibson, Dunn & Crutcher are co-authors of “Whistleblower Law: A Practitioner’s Guide,” which covers whistleblower law and issues facing practitioners from both sides of the whistleblower bar.
Are they Worth Price of Paper They’re Printed On? – Ubersization of Arbitration Clauses
Article
Vanessa L. Goddard, of counsel with Steptoe & Johnson, provides some tips that make arbitration agreements more likely to be upheld by courts in the employment context.
Employee Separation Agreements – A Refresher, Part Three
Article
Even if the employee is under 40 (and therefore isn’t protected by ADEA), it’s still wise to write the agreement in clear, understandable language and to have the employee confirm that he or she is entering into it knowingly and voluntarily, writes Jonathan Orleans of Pullman & Comley, LLC.
How to Speed Up the Corporate Decision-Making Process
Article
The CEO of CEB, a multi-national best practice insight and technology company recently wrote an article in Fortune Magazine titled “Revving Up Your Corporate RPMs” that notes that, despite advances in technology, decision-making and change in the business world has actually slowed down in the last decade
Without a Disclaimer, Employee Handbook May Create a Contract
Article
Employment manuals may constitute binding contracts between employees and employers provided all necessary elements of an implied contract are present.
‘Belt and Suspenders’ Overreach in Contracts May Prevent Satisfaction
Article
Often, drafters opt for a “belt and suspenders” approach, which is not only a terrible fashion faux pas but may result in an overreach nullifying the effectiveness of the risk management strategy.
Last Call for H-1Bs
Article
The H-1B is a non-immigrant visa in the United States which allows U.S. employers to temporarily employ foreign workers in specialty occupations. The deadline to file is April 1, 2016.
Arbitration Provisions, Unconscionability, and Employment Contracts
Article
In a recent California contract case, a court found the agreement in question was found to be unconscionable in places, but that didn’t doom the arbitration provision contained within it, writes Stacey Lantagne in ContractsProf Blog.
McDonald’s Under Fire for Labor Violations in Landmark Joint Employer Case
News
A decision from the NLRB that McDonald’s is a joint employer would open the door for a union formed by workers at franchised stores to bring the parent company to the bargaining table and set a precedent for other fast-food franchises.
Understanding the DOL’s Proposed Regulations on Paid Sick Leave for Federal Contractors
Article
Contractors who disregard the new requirements beginning in 2017 can be subject to debarment, among other penalties, so it is important that contractors understand the proposed rules and plan to ensure compliance.
Handbook Contract Disclaimers & Mandatory Arbitration Policies
Article
A New Jersey court recently used the so-called contract “disclaimer” language in an employer’s handbook to preclude the employer from enforcing a mandatory arbitration program contained in that same handbook, reports Kevin C. Donovan in a Wilson Elser client alert.
Startup Essentials: Avoiding Common Employment Law and HR Pitfalls
Event, March 9, 1 p.m. EST
Practical Law will present a free 75-minute webinar on Wednesday, March 9 at 1 p.m. EST, in which Philip M. Berkowitz, a shareholder with Littler Mendelson P.C., and his colleague, Christine L. Hogan, discuss key employment laws, practices, and policies of particular concern for startups.
Startup Essentials: Structuring Equity Compensation Wisely
Event, March 2, 1 p.m. EST
Practical Law will present a free 75-minute webinar covering the types of equity awards commonly used by early-stage startups and highlight key reasons why certain types of awards are used at various stages of a startup’s development.
Under Contract Law, Court Says Retirees Have No Vested Right to Lifetime Benefits
Article
Many companies that have previously deferred the modernization of their legacy benefits obligations may want to reevaluate the applicable agreements, as now may be the right time to press ahead with long-overdue changes.
Independent Contract Workers: Just Because You Say It, Doesn’t Make It So
Article
When not done correctly, independent contractor classification is fraught with risk and lots of potential legal liability write Mark J. Neuberger and Larry S. Perlman of Foley & Lardner in an article posted by The National Law Review.
Akerman Names Eric Gordon Labor & Employment Practice Group Chair
NEWS
Akerman LLP, a top 100 U.S. law firm, has announced Eric Gordon has assumed the role of Labor & Employment Practice Group Chair.
When a Consultant Starts Work Before Signing the Agreement
Article
An article by Dennis Crouch in the Patentlyo.com blog looks at the TriReme v. AngioScore federal circuit court ruling about the ownership of potential patent rights.
