New California Law Potentially Impacts Other States’ Non-Compete Agreements
California has updated its non-competition law to give employees more freedom to work with competitors. This means that any agreements that restrict someone from working with a competitor in California are now invalid, except in limited cases.
Jury Selection in Litigation: Preparing for Voir Dire, Identifying Bias, and Leveraging Strikes
Commercial Litigation attorney Casey Erick recently presented a CLE on Jury Selection - including the elements of preparing for voir dire and getting to know prospective jurors.
Law Firm Fined by New York Attorney General for Data Breach
New York Attorney General Letitia James announced on March 27, 2023, that she had levied a fine against law firm Heidell, Pittoni, Murphy & Bach LLP for failing to secure personal and health information of clients and exposing the information in a data breach. The law firm represents New [...]
The Proposed “Workforce Mobility Act of 2023” and Non-Compete Agreements
In the proposed “Workforce Mobility Act of 2023,” another attempt has been made to ban non-compete agreements. The Proposed "Workforce Mobility Act of 2023" A bipartisan group of U.S. senators introduced the "Workforce Mobility Act of 2023 " ("Act") on February 1, 2023, seeking to ban the use [...]
Employer’s Monetary Incentive Programs May Forfeit FLSA Exemption
Some employers will try to incentivize employees to work for a set period of time by requiring repayment of money by the employee if he or she prematurely resigns. The terms of these incentives would be set forth in a written agreement signed by both parties. For example, if [...]
Uncertain Times Call for Stable Jobs
The U.S. News recently reported that the combined factors of a 2023 recession, decline in job growth, continued inflation, and higher interest rates – will likely culminate in pressure that will lead to more layoffs. Therefore, the U.S. News Best Jobs annual ranking and analysis provided a list of [...]
Risk Assessment and Arbitration – SCOTUS to Review Coinbase v. Bielski
The Supreme Court will decide if cases are stayed during arbitration appeals; companies' risk assessments should consider this decision. The Supreme Court granted certiorari in a case that has serious implications for companies that are unsuccessful in enforcing arbitration provisions in federal district courts. In Coinbase, Inc. v. Bielski, [...]
Employer’s Illegal Pay Practices Result in $250K in DOL Wage and Damage Claims
Photo: Pixabay.com stock image An employer's illegal pay practices resulted in $250,000 in wage and damage claims by the US Department of Labor. The Oak Texas Bar LLC/Oak Texas Bar & Grill LLC paid servers and bartenders tips only. The U.S. Department of Labor’s Wage and Hour Division found [...]
Enforcing a Non-Compete Injunction Could Require Disclosing Your Customer List
Texas Rule of Civil Procedure 683 requires that "[e]very order granting an injunction . . . shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail and not by reference to the complaint or other document, the act or acts sought [...]
Disability Discrimination Claims Based on Enforcement of the COVID-19 Vaccine Mandate Have Arrived
The Equal Employment Opportunity Commission (EEOC) has periodically updated its guidance in response to workplace vaccination questions. Significantly, the agency said that the federal anti-discrimination laws it enforces don't prohibit employers from requiring all employees who physically enter the workplace to be vaccinated for COVID-19. Employers that encourage or require vaccinations, however, must [...]
