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HTMLActions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?
David Dubberly, Ted P. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
August 14, 2014, previously published on August 5, 2014
The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. Employees of franchisees have filed more than 180 unfair labor...

 

HTMLSupreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies
David Dubberly; Nexsen Pruet, LLC;
Legal Alert/Article
April 23, 2014, previously published on April 14, 2014
In 2002, after corporate fraud at Enron led to the company's collapse, Congress passed the Sarbanes-Oxley Act (SOX). Under SOX's main whistleblower protection provision, an employee of a publicly traded company who claims retaliation for "blowing the whistle" on fraudulent conduct or...

 

HTMLEEOC Lawsuit Challenges Commonly Used Language In Severance Agreements
David Dubberly; Nexsen Pruet, LLC;
Legal Alert/Article
February 24, 2014, previously published on February 19, 2014
On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns because it attacks language that employers commonly use in severance...

 

HTMLTo Pay or Not to Pay? The Test for the Unpaid Intern
David Dubberly; Nexsen Pruet, LLC;
Legal Alert/Article
May 13, 2013, previously published on May 9, 2013
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities. As a result, your organization may soon be faced with the question of whether to hire summer interns. Sure, you could use the extra hands to help out ¿ but do you...

 

HTMLNew I-9 Form Shows More Changes May be in Store for Employers
David Dubberly, David Garrett; Nexsen Pruet, LLC;
Legal Alert/Article
March 21, 2013, previously published on March 18, 2013
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. The new form will be required for use by all employers beginning May 7, 2013. Until May 7, employers may continue to use the versions dated 08/07/09...

 

HTMLS.C. Supreme Court Upholds Confidentiality and "Holdover" Inventions Assignment Clauses in Employment Agreement
David Dubberly; Nexsen Pruet, LLC;
Legal Alert/Article
February 1, 2013, previously published on January 2013
In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer’s intellectual property from unfair competition.