Category Archives: Employment Contracts

Pennsylvania Supreme Court Holds Continued Employment Insufficient to Enforce Non-Compete Covenant

The Pennsylvania Supreme Court has held that employers looking to implement non-competition agreements (i.e. restrictive covenants not to compete) with their current employees must provide “new and valuable consideration” to render the agreement enforceable. Pennsylvania employers should now ensure that … Continue reading

Posted in Employment Contracts, Hiring, Non-Compete Agreements, Pennsylvania | Leave a comment

California Employers Must Bear the Cost of Employee Training When the Training is Solely Required by the Employer

California employers are required to pay for all necessary expenses that an employee incurs as a direct result of his or her employment, and an employee cannot waive this right by any agreement or contract. (Labor Code sections 2802 and … Continue reading

Posted in California, California Court of Appeal, Compensable Time, Employee Policies & Procedures, Employment Contracts, Wage and Hour | Leave a comment

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

Posted in Compensation, Employee Policies & Procedures, Employment Contracts, FLSA/Overtime, Hiring, HR, Interstate Operations, Joint-Employer, Labor Relations, New York, NLRB, Unions, Wage and Hour | Leave a comment

Fifth Circuit Establishes “Snapshot” and Contemporaneous Documentation Requirements for Employers

The Fifth Circuit recently issued a decision that impacts joint employer liability, perceived disability under ADAAA and the dangers of revisiting employee performance reviews. Michael Maslanka, a regular contributor to Texas Lawyer, wrote an article last month called, “L&E Plaintiff … Continue reading

Posted in ADA, ADAAA, Disabilities, Employee Policies & Procedures, Employment Contracts, HR, Joint-Employer, Performance Reviews, Texas | Leave a comment

SEC Takes Action Against Employer Confidentiality Clauses That Could Limit Employee Whistleblowing

Recently, the Securities Exchange Commission (“SEC”) warned that it will investigate and take administrative action against employers who require employees to sign confidentiality agreements/statements prohibiting the employees from communicating the employer’s possible securities law violations to the SEC (i.e. whistleblowing).

Posted in Confidentiality, Employee Policies & Procedures, Employment Contracts, Noncompete Agreements, Securities & Exchange Commission, Whistleblower | Tagged | Leave a comment

Multi-State Employers Face Potential Wage and Hour Claim Complications in the Washington DC Region

In a significant decision earlier this year, the Court of Appeals of Maryland found that employees performing work in Maryland on behalf of their Virginia employer may pursue claims for unpaid wages under the Maryland Wage Payment Collection Law (“MWPCL”) … Continue reading

Posted in Employment Contracts, Wage and Hour | Tagged , , | 1 Comment