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HTMLNike Lawsuit Against Former Designers Will Test Company Security Initiative
Shawn N. Butte; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 29, 2014
Athletic shoe manufacturer Nike filed suit on December 8, 2014 in Multnomah County Circuit Court in Oregon against three of its former designers alleging that the designers misappropriated Nike’s trade secrets and conspired with Adidas to start a new, competing business venture.

 

HTMLIndiana Measure to Amend Breach Notification Law Passes Senate
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 26, 2015
Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015. Indiana’s bill...

 

HTMLDistrict Court Affirms: Business Not Obligated to Pay $350,000 Performance Bonus to Employee Who Never Worked a Day
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 27, 2015
The importance of detailed drafting of employment documents - particularly those calling for commissions, bonuses or other types of incentive compensation - was highlighted recently by a plaintiff’s claim that, as a conditional hire who never worked a day at now-defunct Lehman Brothers, the...

 

HTMLThere’s Still Time to Comment on OFCCP’s Proposed Sex Discrimination Rules
Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 23, 2015
OFCCP published its long-awaited Sex Discrimination Rules amidst a lot of other activity vying for our attention. Maybe you’ve not had the chance to review them (yet). But you’ve still got time. The public comment period is open until Tuesday March 31, 2015 - let your voice be heard.

 

HTMLEmployer Could Not Establish Sufficient Evidence to Prove Employee Signed an Arbitration Agreement through an Electronic Signature
Kyle C. Worrell; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 23, 2015
A new case from the California Court of Appeal, Fourth Appellate District, Division Two, Ruiz v. Moss Bros. Auto Group, Inc., was certified for publication on December 23, 2014, and addresses an area of interest for many employers - electronic signatures on arbitration agreements. Employers must...

 

HTMLNLRB Division of Advice on Making Unilateral Changes when Employer and Union are at Negotiations Stalemate
Howard M. Bloom, Roger S. Kaplan, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 11, 2015
A unionized employer did not violate the National Labor Relations Act when, after reaching a bargaining impasse with the union, it unilaterally issued a health care proposal that gave it broad discretion to make unilateral changes to certain parts of the health care plan.

 

HTMLAnti-Bullying Laws in California and Tennessee Could Be the Start of a New Trend
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
While there are no current federal laws that prevent workplace bullying in the private sector, “Healthy Workplace” bills have been introduced in 26 states since 2003. Tennessee recently became the first state to pass the “Healthy Workplace Act,” a law designed to encourage...

 

HTMLFormer Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete
Susan F. Desmond; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 5, 2015
Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s...

 

HTMLSecretary in Germany Successfully Challenges Employer’s Monitoring...Is Your Monitoring Program Defensible?
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 25, 2015
According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers...

 

HTMLAB 2053: Sexual Harassment Training Must Now Include the “Prevention of Abusive Conduct”
Carly B. Plaskin; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 5, 2015
AB 2053 went into effect on January 1, 2015, thereby requiring that California employers with 50 or more employees provide training on the “prevention of abusive conduct” along with the sexual harassment training already required by law.

 


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