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Non-Competition Agreements, Part 2: Making It Hard to Say Goodbye Posted on: May 14, 2019 In: Labor & Employment
Like any relationship, a separation between an employer and employee can be difficult. It can be even worse if one party is surprised by the separation. Non-competition agreements are an important tool for employers to help mitigate the difficulties of employment separation, especially when it is the employee doing the leaving. Here are three tips for employers using or thinking about using non-competition agreements/
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Tags:
non-competition, employment agreements, offer of employment, retention
3 Tips to Help Your Business Acclimate to the New Landscape of Legal Marijuana Posted on: May 09, 2019 In: Labor & Employment
Amazing though it may seem, we are living in the brave new world of legalized marijuana, a development that just a few years ago was likely unthinkable to the average employer. In 2019, ten states and Washington, D.C. have legalized recreational marijuana for adults over 21, while 33 states have legalized medical marijuana. More states, such as Illinois, are expected to legalize recreational marijuana soon. Employers must acclimate to the rapidly-changing drug landscape. Here are three helpful tips to get
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Tags:
marijuana, medical marijuana, drug policy, reasonable accommodation policy, zero tolerance
Bring-Your-Own-Device Policies: What Employers Need to Know Posted on: May 08, 2019 In: Labor & Employment
Chances are good that you’re reading this on a smartphone or other mobile device. It’s also likely that a great deal of your workforce currently uses their smartphone or other mobile device in performing job duties. As such, many employers are either expressly or impliedly implementing Bring-Your-Own-Device (BYOD) policies that allow workers to use their own devices for work-related tasks.
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Tags:
bring your own device, flsa, trade secrets, overtime, smartphones
California Employers: Don’t Forget to Post the New Family Care and Medical Leave and Pregnancy Disability Leave Notice Posted on: May 06, 2019 In: Labor & Employment
The California Fair Employment and Housing Council (FEHC) just released an updated Family Care and Medical Leave and Pregnancy Disability Leave notice. Beginning April 1, 2019, California employers with 20 or more employees must post in their workplace this new notice that explains employee rights to take job protected leave under three California leave laws — the California Family Rights Act (CFRA), the Pregnancy Disability Leave (PDL) law, and the New Parent Leave Act (NPLA).
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Tags:
california, family care, medical leave, pregnancy disability leave, employee notices
Colorado Joins the Growing Number of States That ‘Ban the Box’ Posted on: April 30, 2019 In: Labor & Employment
On April 12, 2019, Colorado’s House Bill 1025 – known as the “Ban the Box” law – cleared the state legislature and moved to the governor’s desk for final signature. In doing so, Colorado joins the growing number of states that have passed legislation aimed at removing the check box that asks if applicants have a criminal record from hiring applications. Colorado becomes the 12th state to get behind this initiative, in addition to many municipalities that have placed limitations on criminal background inquir
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Tags:
colorado, ban the box, employment application, criminal background checks, employment law
California’s Notice of Change in Relationship Requirements: Four Things Employers Should Know Posted on: April 26, 2019 In: Labor & Employment
Under California law, there are certain requirements related to an employee’s change of relationship with the company. Here are four things every employer with employees in California should know.
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Tags:
notice requirements, california, employee status, employment law
A Fair-Minded and Welcoming Workplace for All Posted on: April 22, 2019 In: Labor & Employment
While Title VII of the Civil Rights Act of 1964—the federal law prohibiting discrimination by private employers—does not expressly include sexual orientation or gender identity as protected classes, the Equal Employment Opportunity Commission (EEOC), consistent with U.S. Supreme Court case law, has taken the position that Title VII's prohibition of sex discrimination forbids employment discrimination based on gender identity or sexual orientation, protections which apply regardless of any contrary laws.
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Tags:
title vii, civil rights, transgender rights, eeoc, supreme court
An Employee’s Rights and Responsibilities to Seek and Obtain COBRA Continuation Coverage Posted on: April 18, 2019 In: Labor & Employment
The prospect of losing one’s employer-sponsored health insurance is a scary proposition. This is a quick guide of your rights and responsibilities to secure continuation coverage if you choose to do so following an event that causes you to lose coverage provided through an employee-sponsored group health plan.
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Tags:
cobra, employee rights, health coverage
An Important Fact About Informed Written Consent and Conflict Waivers Posted on: April 16, 2019 In: Labor & Employment
If you’ve ever worked with a labor & employment attorney, you may have heard them refer to “written consent” and “conflict waivers.” These terms can be confusing and this post will endeavor to explain what they mean and give suggestions on what you should do when dealing faced with them in your business.
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Tags:
written consent, conflict waivers, employment law, double representation
‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling Posted on: March 28, 2019 In: Labor & Employment
The law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive. The conservative majority on the U.S. Supreme Court typically has no difficulty finding reasons to vacate or reverse a decision from the notoriously liberal Ninth Circuit Court of Appeals.
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Tags:
supreme court, 9th circuit, equal pay act, sex discrimination
A Guide To The Revised New Jersey Minimum Wage Law Posted on: March 26, 2019 In: Labor & Employment
New Jersey recently passed legislation to gradually increase its current minimum wage of $8.85 per hour to $15.00 per hour by 2024. Initially, the minimum wage will increase to $10.00 per hour on July 1, 2019. However, as with most laws, there are exceptions to the minimum wage increase schedule.
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Tags:
new jersey, minimum wage, payroll, tipped employees, seasonal workers, small employers
Scabby the Rat Finally Gets Popped Posted on: March 22, 2019 In: Labor & Employment
The Seventh Circuit Court of Appeals ruled last month that a Wisconsin town did not violate a local union’s First Amendment rights when it required the union to remove a giant inflatable rat staked to a public highway median. The appellate court held the cities’ zoning ordinance, which banned all private signs on public rights-of-way, allowed the city to deflate the rat without running afoul of the First Amendment.
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Tags:
first amendment, free speech, 7th circuit, unions, strikes

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