Today marks the beginning of the Chinese New Year, which is also known as the Spring Festival. Traditionally and especially in China, this celebration last 15 days. This festival is also a celebration that involves both cultural and religious elements. For this reason, it is an excellent backdrop for discussing an employer’s obligations on
Does Your Company Need An Employee Probationary Period?
What do airplane life vests and probationary employment periods have in common? Both are ubiquitous in their respective context, both are often useless, and they may even do more harm than good.
Let me explain; the Wall Street Journal’s Scott McCartney recently wrote an article, “An Airplane Safety Measure That’s Not Much Use.
Courts Continue to Narrow Application of Computer Fraud and Abuse Act Against Former Employees
While it is far from settled, the trend under the Federal Computer Fraud and Abuse Act continues towards narrowing the application of the CFAA in the context of the employer/employee relationship.
Specifically, a federal district court in Colorado concluded that the federal computer fraud statute was not violated by departing employees and contractors who, during
“Reasonable Accommodations” and “Undue Hardship” Defenses – It Comes Down to Money
A recent case involving the Americans with Disabilities Act offers employers an opportunity to consider two frequent issues under this statute: What is a reasonable accommodation and what must an employer show to establish an “undue hardship” defense to providing such an accommodation.
The case, Searls v. Johns Hopkins Hosp. (1-21-16), resulted in the
New Guidance On “Joint Employment Status” Likely Means More Liability for Companies
President Ronald Reagan famously noted that the “most terrifying words in the English language are: I’m from the government, and I’m here to help.”
Well, the Department of Labor (DOL) announced on 1/20/2015 that they were here to help clarify when a joint employment relationship exist under the Fair Labor Standards Act (FLSA) and the
Should Employers Reconsider Using Mandatory Arbitration Provisions in Employment Agreements?
The Wall Street Journal recently ran an editorial titled, “Why the Trial Bar and Its Friends Detest Arbitration” by James R. Copland. Mr. Copland’s editorial highlighted some high-profile lawsuits to conclude that the court system often fails companies. Business owners frequently share the same belief and assume their businesses will fare better in
CEO’s “Reckless Texting” Wrecks Lawsuit to Enforce Noncompete Agreement
Texting as a reckless activity is well-documented when it comes to driving. It is also noted as an increasing health hazard for “petextrians” (pedestrians who are texting, clever huh?) according to Ben Zimmer of the Wall Street Journal in his article “What Do You Call a Reckless Texter?”
But can it be “reckless”
Dissecting an Injunction Hearing for Enforcing a Non-compete Agreement
In noncompete lawsuits, whether a preliminary injunction should be issued is a critical battle that in large part determines the direction of the lawsuit. For this reason, a recent decision denying a former employer’s motion for injunctive relief in a non-compete enforcement action provides critical insight for companies and individuals.
Court Denies Preliminary Injunction in
Key to Successfully Assessing ADA Accommodations Starts with Individualized Inquiry
An area under the Americans with Disabilities Act that can be problematic for employers and employees alike concerns conducting the individualized inquiry that is required to determine if an employee’s disability or another condition disqualifies the employee from a particular position. This issue recently played out in a federal district court case of (Siewertsen
The Price Tag for Settling Sex Discrimination Claims
A long-running sex discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) came to an end on November 25, 2015, when a Michigan federal district court approved a consent decree. Under that decree, Cintas Corporation agreed to pay $1.5 million in addition to a numerous other requirements for years to come. A copy of