With Election Day rapidly approaching next week, employers should be prepared for a host of issues associated with election year politics in the workplace. We recently wrote about some of the key issues facing employers in election years on the Work Knowledge Blog. As a reminder about those… Continue Reading
The federal Defend Trade Secrets Act (“DTSA”) includes protections for trade secret owners, including civil seizure in extraordinary circumstances, injunctive relief, and the availability of attorneys’ fees and exemplary damages on top of actual damages. While much of this law is about a protection of intellectual property, employers must be aware of… Continue Reading
Recently, the NLRB General Counsel issued a memorandum to Regional Directors, Officers-in-Charge, and Resident Officers recommending an alternative theory to plead and argue when challenging an employer’s withdrawal of recognition.
Under current precedent, an employer may unilaterally withdraw recognition of an incumbent union if it has objective evidence that the union… Continue Reading
On February 22, 2012, a split U.S. Court of Appeals for the 8th Circuit in EEOC v. CRST Van Expedited, Inc.held that the EEOC must satisfy its investigation and good faith conciliation requirements under Title VII for each purported class member before bringing suit to maintain a Section… Continue Reading
In a significant shift from prior rulings, the Texas Supreme Court ruled that the issuance of stock options which are exercised by an employee can support a non-competition agreement. This ruling presents employers with an additional opportunity to obtain non-compete agreements from employees in certain situations.… Continue Reading
In Staub v. Proctor Hospital, the Supreme Court ruled that an employer may be held liable for employment discrimination based on the conduct of an employee who influenced – but did not make – the ultimate employment decision. Commonly called the “cat’s paw” theory of liability, the Supreme Court’s decision… Continue Reading