Searching Content indexed under Contract of Employment by Ford & Harrison LLP ordered by Published Date Descending.
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AB 5, Codifying Dynamex And Broadening The ABC Test's Application, Passes California Legislature
After months of debate and negotiations, the California State Legislature passed the controversial AB 5 on Wednesday, September 11, 2019
United States
20 Sep 2019
NLRB Changes Course On Unilateral Employer Action Standard
Executive Summary: In a 3-1 decision, the National Labor Relations Board (NLRB or the Board) reversed long-held Board precedent regarding when unionized employers may unilaterally change a term
United States
20 Sep 2019
Non-Compete News: – Georgia Court Interprets Non-Compete Statute's "Sale-Of-A-Business" Provision
Georgia's Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) ("RCA") governs Georgia non-compete agreements entered into after May 2011. Very few courts have interpreted
United States
5 Sep 2019
Non-Compete News: Georgia Court Of Appeals Clarifies Definition Of "Key Employee" Under The Georgia Restrictive Covenants Act
The Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.) governs non-compete agreements in Georgia entered into after May 2011 and sets forth that such agreements can be used only with respect to certain employees.
United States
27 Mar 2019
Non-Compete News: Florida Senator Rubio Proposes Legislation to Loosen Grip On Non-Compete Agreements
Employers use restrictive covenants as a means to protect trade secrets or specialized training
United States
18 Mar 2019
The Definitive Employee Handbook Checklist
The employee handbook: It sounds so routine, like something that's been around forever and just needs a quick and easy update every year ...
United States
7 Feb 2019
Non-Compete News: Sixth Circuit Gives Attorneys' Fees To Employer
Executive Summary: This month, the United States Court of Appeals for the Sixth Circuit affirmed a lower court's award of attorneys' fees to an employer after it had been granted a preliminary
United States
28 Jan 2019
Supreme Court Rules Independent Contractor Truck Driver Not Required To Arbitrate Wage Claim
Executive Summary: In New Prime Inc. v. Oliveira, the U.S. Supreme Court held today that the Federal Arbitration Act's (FAA) exclusion of certain "contracts of employment" from the Act's coverage
United States
22 Jan 2019
Non-Compete News: Is A Non-Solicitation Of Employees Provision Enforceable In California?
Last month, California's Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018).
United States
13 Dec 2018
Non-Compete News: In Georgia, Whether It Is A Non-Compete Or A Non-Solicit Makes All The Difference
Georgia's Restrictive Covenants Act (the "RCA") became effective in May 2011, but it took nearly six years before a court published a decision interpreting the statute in the context of a non-competition provision
United States
18 Oct 2018
Non-Compete News: Pennsylvania Considers The "Freedom To Work Act"
Pennsylvania is entertaining legislation to ban all non-compete covenants.
United States
7 Sep 2018
U.S. DOL Plans To Review Contractor Affirmative Action Certification
Executive Summary: On August 3, 2018, the head of the U.S. Department of Labor's (DOL) contractor enforcement office announced that the DOL intends to identify and audit contractors who fail...
United States
31 Aug 2018
Common Sense Prevails: Waiving A Drug Test As A Condition Of Employment Is Not A Reasonable Accommodation
In Cotto v. Ardagh Glass Packing, Inc., 2018 U.S. Dist. LEXIS 135194, a case of first impression, the federal district court held that neither New Jersey's LAD nor CUMMA require an employer to waive a drug test as a...
United States
30 Aug 2018
New Jersey Enters Partnership With USDOL To Fight Worker Misclassification
Just months after New Jersey Governor Phil Murphy signed Executive Order No. 25 establishing a task force to combat employee misclassification, the NJ Department of LWD entered into a cooperation agreement...
United States
20 Aug 2018
Non-Compete News: Massachusetts Legislature Passes Non-Compete Legislation
As discussed in our prior Alert, the Massachusetts Legislature has been considering legislation focused on reforming non-compete covenants
United States
9 Aug 2018
Non-Compete News: Massachusetts Takes Another Swing At Comprehensive Non-Compete Reform
Executive Summary: For several years, Massachusetts has tried—and failed—to pass restrictions on non-compete covenants, and this year is no exception. Massachusetts' 2017-18 legislative session...
United States
6 Aug 2018
California Court Holds Rounding Employee Time Punches To Nearest Quarter Hour OK—Under The Circumstances
Under California law, employers are required to pay employees for "all hours worked" when subject to the employer's "control."
United States
26 Jul 2018
Sexual Harassment: New Protections For Independent Contractors In New York
Executive Summary. In New York State, the State Human Rights Law ("HRL") was recently amended to prohibit sexual harassment against independent contractors.
United States
18 Jul 2018
Non-Compete News – Georgia Court Interprets Who Can Be Subject To A Non-Compete
Effective May 2011, Georgia's Restrictive Covenants Act (RCA) represented a significant change to pre-existing Georgia law.
United States
20 Jun 2018
The New ABC's Of Independent Contractor Classification In California
On April 30, 2018, in the landmark decision Dynamex Operations West, LLC v. Superior Court of California, the California Supreme Court established a new test for determining who qualifies as...
United States
8 May 2018
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