Blog
Labor & Employment Blog Posts From April 2022
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Blog: Effective Non-Competition Agreements for Expanding Businesses
Date: April 20, 2022
Title: Effective Non-Competition Agreements for Expanding Businesses
Summary: Expansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company....
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Blog: Tips for Employers for Compliant Handbook Policies and Practices
Date: April 19, 2022
Title: Tips for Employers for Compliant Handbook Policies and Practices
Summary: Every employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures....
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Blog: No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law
Date: April 18, 2022
Title: No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law
Summary: Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law....
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Blog: Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims
Date: April 15, 2022
Title: Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims
Summary: On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration....
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Blog: California Employers: New Law Expands Record Retention Requirements
Date: April 13, 2022
Title: California Employers: New Law Expands Record Retention Requirements
Summary: The California Department of Fair Employment and Housing (DFEH) enforces civil rights laws with respect to housing and employment. In 2022, Senate Bill 807 (SB 807) changed the requirements for employers to maintain and preserve personnel records. Effective January 1, 2022, employers must now preserve these records for a minimum of four years, and possibly longer if a DFEH complaint has been filed....
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Blog: Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation
Date: April 12, 2022
Title: Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation
Summary: The Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer’s legal violation. However, a Florida federal court recently granted summary judgment in favor of an employer in such an action because the employee failed to prove an actual legal violation....