Court-Reformed Non-Compete Agreements can Impose Serious Liability on Employers

A Texas employer trying to enforce a non-compete agreement learned the hard way that Texas Courts may reform the agreement to more reasonable terms and then award the employee his attorneys’ fees at the end of trial.  This is exactly what happened in Sentinel Integrity Solutions, Inc. v. Mistras Group, Inc

Continue reading

Post to Twitter

Posted in Noncompete Agreements, Texas | Tagged , | Leave a comment

Newark Municipal Council Passes Paid Sick Leave Ordinance

The Municipal Council of Newark, New Jersey has passed a paid sick leave ordinance, which Mayor Luis Quintana (D) has promised to sign into law.  Newark will be the eighth jurisdiction in the United States to enact a paid sick leave law, joining Jersey City, NJ; New York, NY; Seattle, WA; San Francisco, CA; Washington, DC; Portland, OR; and the State of Connecticut.

Continue reading

Post to Twitter

Posted in HR, Legislative Activity | Tagged | Leave a comment

Recent Jury Verdicts and Settlements

A roundup of recent employment law jury verdicts and settlements from January of 2014 can be found after the break.

Continue reading

Post to Twitter

Posted in Jury Verdicts | Tagged , | Leave a comment

January 2014 EEOC Verdicts and Settlements

Our January summary of EEOC verdicts and settlements is after the break.

Continue reading

Post to Twitter

Posted in Jury Verdicts, Settlements | Tagged , , | Leave a comment

4th Circuit Analyzes Franchise Non-Compete Agreement

In an unpublished decision, the U.S. Court of Appeals for the Fourth Circuit determined that restrictive covenants do not necessarily apply to former franchisees who choose not to renew the franchise agreement.

Continue reading

Post to Twitter

Posted in 4th Circuit, Virginia | Tagged , | Leave a comment

Terry McAuliffe’s First Executive Order Prohibits LGBT Discrimination For All State Employees

As his first official act as Virginia’s new governor, Terry McAuliffe signed Executive Order #1 prohibiting discrimination against state employees or applicants for state positions based on sexual orientation.

Continue reading

Post to Twitter

Posted in Discrimination, Virginia | Tagged , | Leave a comment

NLRB Will Not Pursue Appeal of Decisions Invalidating Notice Requirement

On January 6, 2014, the National Labor Relations Board (“NLRB”) announced in a news release that it will not seek U.S. Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.

Continue reading

Post to Twitter

Posted in NLRB | Tagged , | Leave a comment

SOX Claimants May Be Entitled To Front Pay

In a recent memorandum opinion, the Eastern District of Virginia found that plaintiffs raising retaliation claims under the Sarbanes-Oxley Act (“SOX”) are entitled to front pay, provided they present enough data to calculate a reasonably certain front pay award.  This issue was a matter of first impression for the district court, and it is unclear whether the Fourth Circuit will agree with the district court’s interpretation.

Continue reading

Post to Twitter

Posted in 4th Circuit, Retaliation | Tagged , | Leave a comment

California Expands Protection For Whistleblowers

California Governor Jerry Brown signed into law SB 666 and AB 263, which together expand protections for whistleblowers in California by amending California’s general whistleblower statute, Labor Code section 1102.5.  These amendments are effective January 1, 2014.

Continue reading

Post to Twitter

Posted in California, Retaliation | Tagged , | Leave a comment

“Targeted Mailings” May Violate Non-Solicitation Agreements

In a recent interlocutory appeal, the First Circuit upheld a preliminary injunction restraining a former employee from selling products to his former employer’s customers in violation of a non-solicitation agreement, despite the fact that the customers initiated contact with the former employee.

Continue reading

Post to Twitter

Posted in Noncompete Agreements | Tagged , | Leave a comment

Court Slashes Fee Award Where Plaintiff Achieved Minor Victory

Attorneys’ fee awards are often a significant factor in employment litigation.  If an employee-plaintiff prevails after trial, she is entitled to recover her attorneys’ fees and court costs as part of the judgment against the employer.  The U.S. Court of Appeals for the Fourth Circuit issued a decision in December in a Section 1983 case that has potential implications for employment cases where the plaintiff does not substantially prevail at trial.

Continue reading

Post to Twitter

Posted in 4th Circuit, Virginia | Tagged , | Leave a comment

EEOC Verdicts and Settlements — December 2013

Our December summary of EEOC verdicts and settlements is after the break.

Continue reading

Post to Twitter

Posted in Jury Verdicts, Settlements | Tagged , , | Leave a comment

Recent Jury Verdicts and Settlements

A roundup of recent employment law jury verdicts and settlements from December of 2013 can be found after the break.

Continue reading

Post to Twitter

Posted in Discrimination, Settlements | Tagged , | Leave a comment

Employers Should Update Their Cobra Election Notice

The Department of Labor has revised its Model Election Notice required under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), to comply with the Patient Protection and Affordable Care Act (“PPACA”).

Continue reading

Post to Twitter

Posted in COBRA | Tagged , | Leave a comment

U.S. DOL and New York Sign Agreement to Reduce Misclassification of Employees as Independent Contractors

New York State Labor Department and Attorney General have signed a memorandum of understanding with the U.S. Department of Labor to increase enforcement efforts against employers suspected of misclassifying workers as independent contractors. More after the break.

Continue reading

Post to Twitter

Posted in DOL, Independent Contractors | Tagged , | Leave a comment