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PLEADING A NON-COMPETE CLAIM: Sometimes the Bare Minimum Is Just Enough
August 5, 2014 | Blog
There is no such thing as “per se” unenforceability of non-compete agreements (with a few notable exceptions). Instead, a court will enforce a non-compete if it meets whatever criteria a particular jurisdiction establishes
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Conflicts & Nepotism – A Dangerous Employment Cocktail
August 4, 2014 | Blog
Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the oversight of an organization’s governance or operations, you must be mindful of your family’s relationship to that organization.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 21: Self-Funded Group Health Plans, the Affordable Care Act and National Health Plan Identifier Numbers (HPIDs)
August 4, 2014 | Blog
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) ushered in broad national standards aimed at improving the efficiency and effectiveness of the U.S. health care system.
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Interfere at Your Own Risk: Legal Fees Awarded as Damages for Violating A Non-Compete Agreement
July 31, 2014 | Blog
We all know the default American Rule for attorneys’ fees: unless you get fees in a contract or from a statute, you shouldn’t count on someone else paying the freight if you win your case.
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LIRR Strike Averted, but Employers Should Remain Aware of Wage and Hour Requirements When Outside Events Prevent Workers From Reaching the Workplace
July 30, 2014 | Blog
Recently, union leaders at the Long Island Railroad and representatives of the Metropolitan Transportation Authority finally reached a deal to avoid a strike. If a strike had occurred, businesses would have faced a potentially significant loss of employee productivity as more than 300,000 daily commuters travel to and from Long Island each day.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 22: Charting the Future of the Premium Subsidies (and Employer Penalties): Halbig v. Burwell and King v. Burwell
July 28, 2014 | Blog
On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act (“ACA” or the “Act”).
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New Jersey Likely Next to Ban Discrimination Against the Unemployed
July 25, 2014 | Blog
Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris Christie’s desk. It’s still sitting there, so no news on that front.
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SHRM: FMLA Continues to Challenge Employers
July 24, 2014 | Blog
My colleague Drew Matzkin is quoted in this Society for Human Resource Management piece in which he comments on the importance of employers keeping an employee’s performance issues separate from the individual’s use of FMLA-leave. The article focuses on the rising rate of FMLA abuse and specific tactics employers can take to contain it.
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USCIS Rolls Out Full-Scale Implementation of L-1 Site Visit Program: Employers of L-1 Transferees Should Now Set up Processes to Prepare for Such Visits
July 24, 2014 | Advisory
U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by the U.S. Department of Homeland Security’s Office of Inspector General (OIG) titled “Implementation of L-1 Visa Regulations.”
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The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status
July 20, 2014 | Blog
For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s employer shared responsibility rules, determining an employee’s status as “full-time” is critically important.
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Having Employees Sign Non-Compete Agreements After They Have Already Started Working Could Be A Big Problem For Some Employers
July 16, 2014 | Blog
A non-compete agreement is a vital tool that companies use to protect their confidential and trade secret information and their customer and employee relationships. Employers, of course, want to avoid the trouble of running to court to enforce their non-compete agreements, but if they do, they better make sure their non-competes will withstand a judge’s scrutiny.
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Back to the Basics: Non-Compete Lost to a Superseding-Agreement Clause
July 16, 2014 | Blog
With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies.
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California Supreme Court Nixes Certification Denial Ruling Against Newspaper Carriers Classified as Independent Contractors
July 16, 2014 | Blog
The California Supreme Court recently held that a trial court needed to revisit its class certification decision regarding newspaper carriers who alleged that they should have been classified as employees rather than independent contractors.
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The EEOC Releases Updated Enforcement Guidance on Pregnancy Discrimination and Related Issues
July 15, 2014 | Blog
The EEOC released its updated enforcement guidance on pregnancy discrimination yesterday -- the first time it's done so in more than 30 years. You can access the guidance and related documents here.
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The Employer Shared Responsibility provisions of the Affordable Care Act (“ACA”) generally require “applicable large employers” (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) to offer group health plan coverage or face the prospect of having to pay an assessable payment.
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Employee Benefits: Important Wellness Plan and Mental Health/Substance Use Disorder Parity Effective Dates Have Arrived!
July 10, 2014 | Blog
Employers and insurers offering medical plans: take note! Two important final regulations issued jointly by the IRS, DOL and HHS (the “Departments”) are now in effect.
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NY Wage Law Repeal a Mixed Blessing for Companies
July 9, 2014 | Blog
Corporate Counsel followed up on my entry on the amendments to the New York Wage Theft Prevention Act, which we expect Governor Cuomo to sign shortly.
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A Recent D.C. Circuit Court of Appeals Decision Calms Employer Fears that Internal Investigations May Not Be Privileged and Lays Out Roadmap to Protect Attorney-Client Privilege
July 8, 2014 | Blog
A recent decision from the D.C. Circuit Court of Appeals, one of the most important courts in the nation, reaffirmed that a company’s internal investigations—if structured properly—are protected from disclosure in litigation by the attorney-client privilege.
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Pay Careful Attention to Pregnancy Accommodation Requests as EEOC Plans New Enforcement Guidance
July 8, 2014 | Blog
My article on pregnancy accommodations, the EEOC's updated Enforcement Guidance and the Young v. UPS case, which the Supreme Court will hear in its next term, was published in Thompson's ADA Compliance Guide August 2014 Newsletter.
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5 Attributes of a Successful Non-Compete Agreement
July 8, 2014 | Blog
JD Supra's Business Advisor recently asked my colleague Jennifer Rubin what is "the one thing that a business's non-compete agreement should accomplish."
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