Counsel News and Events for Attorneys and Executives

Tag: HR

Recent Developments on Sufficient Consideration for Employee Non-Compete Agreements

Insight
Like other contracts, non-compete and restrictive covenant agreements must be supported by adequate and sufficient consideration at the time of execution, according to a posting by Sheppard, Mullin, Richter & Hampton.

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If You Checked The Box, You’re Bound By The Contract

If You Checked The Box, You’re Bound By The Contract

Insight
The moral of the story is to always read the contract before you sign, whether by signature or by checking the box, writes Pat Collins of Norris McLaughlin & Marcus.

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Is Your Noncompete Agreement Enforceable?

Is Your Noncompete Agreement Enforceable?

Insight
Laws in many jurisdictions generally support reasonable noncompete agreements in employment, but other regulations limit restrictions on separated employees, says , warns David B. Ritter of Barnes & Thornburg in an interview with SHRM Online.

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Reducing Workplace Violence

Insight
Companies have obligations to keep their employees safe regarding anticipated dangers as well as to respond quickly to actual dangers, writes Natalie Lynch of Lynch Law Firm in Austin.

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8th Circuit: No Contracting Out of WARN Act Obligations Where Sale of Business is ‘Going Concern’

News
Companies considering purchasing a business should carefully consider the intent of the proposed transaction when assessing their WARN Act obligations, according to a post on the website of Winston & Strawn LLP.

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On-Demand: Managing Workplace Harassment: Trends and Objectives in 2017

On-Demand: Managing Workplace Harassment: Trends and Objectives in 2017

On-Demand
The video covers strategies for developing policies and plans for training departments and employees to minimize and manage workplace harassment, and understand when disciplinary actions should be taken.

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Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Insight
Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts, warns David Heck for Proskauer Rose.

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Are Non-Compete Agreements Right for Your Construction Company?

Insight
Contractors have several reasons to require that their high-level employees (e.g., C-Level) enter non-compete agreements, explains Peter C. Vilmos of Burr Forman.

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Akerman Launches Labor & Employment Law Podcast ‘WorkedUp’

Akerman Launches Labor & Employment Law Podcast ‘WorkedUp’

Insight
Akerman LLP has launched WorkedUp, a new podcast that explores the ever-changing world of employment law and human resource management.

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Uber Sexual Harassment Allegations are a Warning for Tech Industry and ‘Rock Star’ Culture

News
Two groups weren’t surprised at allegations of sexual harassment in high tech, according to a report in The Los Angeles Times: women who work in tech, and Silicon Valley employment attorneys.

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Investigating Discrimination Complaints: Some Special Considerations

Insight
The investigation of discrimination complaints requires sensitivity to some special considerations that will not always apply to other complaints, according to an article published by Lynch Service Company.

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Disparate Treatment and Disparate Impact Are Tests for Discrimination

Disparate Treatment and Disparate Impact Are Tests for Discrimination

Insight
Disparate treatment and disparate impact are two very different types of employment discrimination that use two very different tests to determine if illegal discrimination has occurred and if an employer may be liable for such discriminatory conduct, according to an article published by Lynch Service Company.

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Early Investigative Mistakes that Destroy the Privilege

Early Investigative Mistakes that Destroy the Privilege

Insight
It is imperative that individuals advising or conducting workplace investigations think about the way their actions will preserve or destroy the privilege at each step of the process, according to a report published by Lynch Service Company.

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Justices Will Hear Challenges to Mandatory Employee Arbitration

Justices Will Hear Challenges to Mandatory Employee Arbitration

News
The U.S. Supreme Court has agreed to decide whether companies can use employment contracts to prohibit workers from banding together to take legal action over workplace issues, reports The New York Times.

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Employees Who Sell: Understanding the FLSA’s Exemptions for Sales Employees

Event, Jan. 25, 1 p.m. EST
Practical Law and the Wage & Hour Defense Institute will present a free 75-minute webinar providing guidance on minimum wage and overtime pay exemptions applicable to sales employees under the Fair Labor Standards Act.

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Void Contracts: Court Nullifies CFO’s Employment Because of Prior Extortion Conviction

Insight

The doctrine of void contracts arose recently in an employment case in Florida, writes Jason M. Knott for Zuckerman Spaeder LLP.

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Webinar: What’s Next for FLSA Compliance: Proven Strategies to Minimize Risk

Event, August 25, 2 p.m. EDT
HR Daily Advisor will present a complimentary webinar discussing what the overtime changes mandated by the U.S. Department of Labor FLSA mean for employers and recommend strategies for meeting these new challenges.

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Wearable Technology That Monitors Workers Could Lead to Legal Problems for Employers

Wearable Technology That Monitors Workers Could Lead to Legal Problems for Employers

News
Some labor lawyers are concerned about unintended legal consequences of the use of wearable electronic monitoring devices in the workplace.

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New Federal Trade Secret Statute Requires Important Updates to Contracts

New Federal Trade Secret Statute Requires Important Updates to Contracts

Insight
Employers are required to provide employees with notice that they are entitled to immunity if they disclose a trade secret for the purpose of reporting suspected illegal conduct, according to a report by Fisher & Phillips LLP.

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Littler Survey Shows Employers Grappling With Regulatory, Social Changes

Littler Survey Shows Employers Grappling With Regulatory, Social Changes

Insight
Littler Mendelson’s 2016 Executive Employer Survey examines the legal, economic and social issues having the greatest impact on the workplace, based on responses from more than 800 executives.

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