No one can deny that cyberattacks are the new norm. Such risks will increasingly challenge our ability to operate our businesses. In the world of cybercrime, everyone — from individuals to nation-states — is a target. However, some targets are more alluring than others.
Non-compete clauses in employment contracts typically seek to preclude employees from working for a competitor for a specific period of time and within a specific geographic area. Most states allow non-competition agreements, provided they are reasonable in scope and justified by the employer's legitimate business interests. California, however, generally prohibits covenants not to compete, subject to limited exceptions.
The new DOL regulations that will take effect on Dec. 1, 2016 do not precisely resolve the present overtime eligibility debate; the absence of clarity remains a material issue especially with respect to highly compensated individuals or large groups of employees who are not easily classified.
In the face of a glaring pay gap between male and female law firm partners, some firm leaders point to the emphasis on origination credit (bringing in new business) as the key culprit. But moving away from such a model may not be so easy.
Minimizing Risk and Protecting Employees
According to the Occupational Safety and Health Administration (OSHA), approximately 2 million employees are victims of workplace violence each year. Violence in the workplace must be a top concern for employers, as no organization is immune from workplace violence and no organization can completely prevent it.
Warning from the SEC
In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
The DOL recently issued its final overtime rule revamping the white collar exemptions under the Fair Labor Standards Act for executive, administrative, professional, and highly compensated employees. This Final Rule, effective Dec. 1, 2016, rolls out major changes for employers.
Results have been mixed for employees accused of hacking into the databases of their own companies, competitors and potential business partners. This article discusses three recent cases in this area of law.
The case described herein involved misuse of confidential information by present and former employees. Although this case involved mortgage companies, the lessons learned are valuable to any business.
