Employee Noncompete Agreements
Due to the low number of reported cases addressing the treatment of noncompete agreements in bankruptcy sales and abundance of conflicting precedents across different states, it is important for attorneys and their clients to anticipate and address these issues early in the bankruptcy sale process.
States Keep Changing the Marijuana Laws
Despite legalization in several states, marijuana use remains illegal for both medical and recreational purposes under federal law, and many companies continue to maintain "zero tolerance" policies with respect to employee marijuana use.
Extraterritoriality and Whistleblower Retaliation
Though whistleblower protection statutes take many forms, the frameworks for determining liability are really quite similar. However, can overseas whistleblowers avail themselves of United States whistleblower protection laws?
Immigration Compliance
With the dire and obvious need for immigration reform and the equally obvious slow move toward adopting a comprehensive solution, some companies fatigued by the debate and hopeful for the slow enforcement choose to put immigration compliance on the back burner. Bad idea.
NLRB Joint Employer Standard
A reworking of the National Labor Relations Board's (NLRB) joint employer standard appears to be a near certainty. For instance, in July, NLRB general counsel Richard Griffin Jr. threatened to charge franchisor McDonald's USA over violations that allegedly occurred at franchisee-owned restaurants.
The NFL's Compliance Fumbles
To manage reputational risk, organizations, like the NFL or your company, set forth clear rules on what is required for employees, telling them what doing a good job looks like. One of the key components of these rules is a system of disciplinary action with escalating punishment depending upon the rule infraction.
Marijuana Legalization vs. Employee Drug Tests
As marijuana laws change throughout the country, how should employers handle positive drug tests? In a recent blog post, Jordan Schwartz of Epstein Becker & Green weighs in on the issue.
Increase in Unemployment Insurance Benefits
Unemployment insurance continues to be front and center in the news. How did everything get so out of control? Here is an overview of how we got here and where we seem to be going.
