Employers do not have to pay their employees to attend mandatory alcohol counseling and treatment sessions, according to a New York Federal court. In reaching its decision, the court concluded that employee attendance at...more
Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more
Last week, we blogged about the EEOC’s recent litigations involving employee wellness programs, including the Honeywell case where the EEOC sought to prohibit Honeywell from penalizing employees who decline to participate in...more
The U.S. Equal Employment Opportunity Commission is taking a hard look at employers who implement employee wellness programs that condition eligibility for benefits on participation in such programs. In the past few months,...more
As one employee recently learned, a supervisor’s favoritism toward another employee because of a romantic relationship does not equate to unlawful discrimination. Additionally, a complaint of said favoritism cannot serve as...more
Recently, litigation consultant TrialGraphix Inc. sued its competitor FTI Consulting, Inc. and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and gain access to...more
The National Labor Relations Board is attempting to expand the reach of the National Labor Relations Act once again – this time the NLRB’s Office of the General Counsel authorized formal complaints against McDonald’s USA,...more
A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more
In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more
Most jurisdictions in the United States hold that continued employment constitutes sufficient consideration in exchange for entering into a non-competition agreement. A handful of jurisdictions however – Minnesota, North...more
A recent decision from a Massachusetts superior court reinforces what we’ve known for quite some time – be extremely mindful of the actions you take with respect to an employee lodging a complaint under M.G.L. 151B, the...more
The importance of drafting employment agreements carefully could not be more evident in the superior court case of Boesel v. Swaptree, Inc., where the court rejected a high-level executive’s ability to bring a claim under the...more
Anti-poaching agreements, non-recruitment pacts, no-hire contracts, whatever you want to call them, require a protectable interest to be enforceable in New York. That’s what a Southern District of New York judge in Reed...more
A recent decision from a Massachusetts appeals court should give some Massachusetts certain managers and directors one less thing to worry about. Simply having the title of a manager or director alone is insufficient for...more
In today’s increasingly competitive world, employers understandably have a need to protect their business interests by requiring employees to enter into non-competition agreements that restrict their employees’ ability to...more
When a company evaluates a potential acquisition target, employment agreements and non-competition agreements might not top the list of assets and liabilities it considers. A recent decision from a federal court in Florida...more
“Associational discrimination” refers to a claim that a plaintiff, though not a member of a protected class, was still subjected to some type of adverse action because of his or her association with a member of a protected...more