Don’t go too far when investigating trade secret misappropriation by an employee (Fairly Competing, Podcast Episode 17)
Navigating the Nuances of the COBRA Subsidy Under the American Rescue Plan Act
Noncompete Agreements - Traps for the Unwary: Part 2
Noncompete Agreements - Traps for the Unwary: Part 1
Part 2: Practical Considerations in Managing the Risk of Employing Former Government Employees
Part 1: Practical Considerations in Managing the Risk of Employing Former Government Employees
COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees
JONES DAY PRESENTS®: Helping Clients with Trade Secret Protection
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued
Meritas Capability Webinar - California’s Prohibition Against Non-Compete Agreements (B&P Code § 16600), the Protection of Trade Secrets and the Practical Relationship Between the Two
Potential Employer Liability for Late Manifesting Occupational Diseases
Protecting Trade Secrets When Employees Depart
Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more
This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more
On 27 February 2024, the Nîmes Court of Appeal confirmed that an employee may be dismissed for serious misconduct for participating in an anti-competitive cartel. While the risk of companies being penalised for...more
On February 16, 2024, in a published decision in Chee Ng, PH.D., v. Fairleigh Dickinson University, the New Jersey Appellate Division granted summary judgment in favor of the University against a former tenured professor who...more
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
Many restrictive covenant agreements rely on various abbreviations to streamline the contractual language, including most notably the use of “Company” as a stand-in for the employer’s name. Additionally, these agreements...more
Maine’s governor recently signed H.P. 160 - L.D. 225, amending the state’s final wages statute to require that “[a]ll unused paid vacation accrued pursuant to the employer's vacation policy on and after January 1, 2023 must...more
The plaintiff sued his former employer, Charter Communications, asserting Kentucky state law claims arising out of his termination. After the case was removed to federal court in the Western District of Kentucky, Charter...more
The termination of an employee can raise many issues, including what to do with personal property a former employee leaves at the workplace such as photos and frames, personal tchotchkes, lunch boxes, tools, and even uncashed...more
Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more
Laser Tone Business Systems LLC v. Delaware Micro-Computer LLC, C.A. No. 2017-0439-TMR (Del. Ch. Nov. 27, 2019). In one of her final opinions before joining the Delaware Supreme Court, Vice Chancellor Montgomery-Reeves...more
Do you provide terminated employees with information regarding their employee benefits upon termination? If not, consider doing so now—especially if you typically provide a lot of your benefits information on your intranet...more
Unused vacation time can represent a substantial liability on the books for many employers. Therefore, the extent to which you can control the payout of unused vacation time upon an employee’s separation from employment is an...more
California law has specific requirements regarding the payment of final wages to terminated employees. The failure to comply with those requirements can require an employer to pay an individual up to 30 days of pay – known as...more
A recent decision from the Colorado Court of Appeals clarifies that employers can limit the payment of accrued but unused vacation time at separation from employment and that forfeiture is not a violation of the Colorado Wage...more
In a significant decision for employers, a Colorado appellate court recently upheld an employer’s policy requiring forfeiture of accrued, unused vacation at separation of employment, finding the policy did not violate the...more
A recent decision by a National Labor Relations Board Administrative Law Judge has re-affirmed that “personal gripes” made by employees are unprotected by federal labor law. This decision comes from the NLRB’s regional office...more
Imagine this scenario: Like most businesses, you have undergone the effort and expense of recruiting quality talent to join your workforce. After employment offers are extended and accepted, you provide valuable training to...more
The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more
Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more
Employers commonly find themselves answering the following question: What right does a former employee have to access his or her personnel file? Often, after an employer terminates an employee, that employee and/or the...more
Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more
Question: My company recently terminated an employee, and we are very worried she accessed her email inappropriately in the days before she was fired. The timing of it all is … well, quirky. Here’s what happened: The...more
Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more
The U.S. District Court for the Southern District of New York recently granted a motion for summary judgment dismissing a plaintiff’s SOX and Dodd-Frank whistleblower claims. The court ruled that the plaintiff failed to...more