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HTMLState Court Holds Employers Must Protect Trade Secrets From Independent Contractors
Amber L. Elias; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 12, 2014
A recent Massachusetts Superior Court decision held that employers risk losing trade secrets and confidential information if they do not protect that information from independent contractors. The court held that employers who do not take active steps to protect their proprietary information from...

 

HTMLIt's Back - NLRB Revives Quickie Election Rule That May Soon Be Here to Stay
Steven M. Bernstein; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 5, 2014
The National Labor Relations Board has just announced that the agency would be reissuing its proposed “quickie election” amendments to rules governing representation case procedures. The news came in the form of a press release, describing plans to publish a formal Notice of Proposed...

 

HTMLEEOC Going For More Systemic Investigations In 2014; Sound Familiar?
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 7, 2014
An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers. As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to an burdensome corporate wide...

 

HTMLOSHA Might Just Be a Grocery Store's Biggest Employment Exposure
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 8, 2014
Most retail employers, even large companies with hundreds of branches, do not much worry about being inspected by OSHA; let alone cited. It’s not that these employers are disinterested in their employees’ safety, it’s just that they have rarely experienced and OSHA visit, and with...

 

HTMLOpinion: Bad Facts Make Bad Law, Especially in Non-Compete Cases
Michael R. Greco; Fisher & Phillips LLP;
Legal Alert/Article
February 13, 2014, previously published on February 12, 2014
A non-compete agreement that prohibited a former sales rep from working for a competitor in any capacity, “even as a custodian,” is overly broad and unenforceable. At least that’s what a North Carolina Court of Appeals recently concluded in a case captioned CopyPro, Inc. v....

 

HTMLYou Can't Fire Me For That - I Was Off Duty!
Jeffrey A. Dretler; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Employers learned long ago that it’s wise to establish written policies which set forth the standards of conduct expected of their employees. These employers also know that the policies may not simply sit on a shelf (or on an intranet), but must be monitored and enforced in order to remain...

 

HTMLThe EEOC's Focus On Religious Accommodations
Heather Zalar Steele; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Religious accommodation claims are on the EEOC’s radar screen. This means that offering religious accommodations to employees and applicants must be on your radar screen as well.

 

HTMLPreventing A Messy "Failed Exemption" Lawsuit
Ted Boehm, Lawrence S. McGoldrick; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
In recent years employers have become all too familiar with lawsuits alleging violations of the federal Fair Labor Standards Act (FLSA). According to the Administrative Office of the United States Courts, there were more than 7,000 FLSA federal lawsuits filed in 2012, and 2013 was similar. Many of...

 

HTMLEmployee Fired For Facebook Rant Doesn't Like Status
Richard R. Meneghello; Fisher & Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 03, 2014
There’s no doubt about it - Facebook is the 21st Century water cooler. Workers who used to gather in the break room to talk about the latest sports news, the newest outrageous celebrity scandal, or the latest office gossip are now sharing this communication online. In some cases that’s...

 

HTMLProposed "Independent Misclassification" Law
Ted Boehm; Fisher Phillips LLP;
Legal Alert/Article
February 12, 2014, previously published on February 3, 2014
Government efforts aimed at cracking down on perceived independent-contractor misclassification show no signs of slowing down as 2014 begins. On November 12, 2013, the “Payroll Fraud Prevention Act of 2013” (PFPA) was introduced in the U.S. Senate. According to one of the bill’s...

 


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