7th circuit 9th circuit after-acquired evidence agreements appellate business california civil action civil rights cobra compliance confidentiality conflict waivers criminal action double representation eeoc employee handbook employee misconduct employee rights employers employment employment law equal pay act essential employees exemptions first amendment flsa free speech health coverage human resources inclement weather investigation labor and employment me too minimum wage misconduct new jersey non-competition on-call overtime payroll personnel records petition regulations reporting-time scheduling seasonal workers secret sauce settlement sex discrimination sexual harassment small employers strikes supreme court tipped employees title vii trade secrets transgender rights unions wages white collar work policy writ written consent