Author: David McDonald

Employer obtains injunction to prevent misuse of its confidential information

by David McDonald When an employee announces that he or she is resigning in order to go work for a competitor, it is only natural for an employer to become anxious—particularly when the departing employee has access to the business’s confidential information. Complicating matters further is the technological ease with which an employee can wrongfully […]

Ready for kickoff

I live in the South. This time of year, that means college football; that also means otherwise healthy friendships will erupt with enough recrimination, envy, taunts, and ill will to put the Corleones and Tattaglias to shame. Everyone crows that this is their year , we’re going to come out on top, and what-do-you-mean-that-overtime-loss-last-month-means-we-can’t-play-for-the-championship? (Except […]

Supreme Court roundup: the fall of government regulation

by Mark I. Schickman In June, the U.S. Supreme Court finished one of its most interesting terms in recent memory when it comes to employment law. While it’s difficult to find a consistent pattern in the multiple waves of rulings that were issued, one theme emerges: a limitation on governmental authority in areas that have […]

Latest fast-food protests buoyed by NLRB, Obama stance

More fast-food protests are planned for September 4, with the latest round including homecare workers and possible civil disobedience. Fast-food and other low-wage workers have been staging periodic strikes and demonstrations since 2012 in hopes of increasing their hourly wage. In addition to expanding the type of workers represented, planners of the new protests have […]

Disloyal conduct may justify termination

by Mohamed Badreddine There is little dispute that senior employees owe a duty of good faith and loyalty to their employers. But what about junior employees—do they owe their employers the same duty? And if so, can they be fired if they violate that duty? Depending on the situation, the answer may be yes—at least […]

Get involved or steer clear? What’s HR to do when complaints roll in?

Ahh, the human resources department. The place where compassionate, friendly people solve problems in the workplace. A place filled with intelligent professionals uniquely qualified to turn conflict into comfort. Or maybe that’s not what the HR department should be at all. Maybe HR should empower others to handle certain workplace issues on their own rather […]

ERISA = Every Ridiculous Idea Since Adam

by Brandon Long It’s rumored that President Ronald Reagan once referred to the Employee Retirement Income Security Act of 1974 (ERISA) as “Every Ridiculous Idea Since Adam.” ERISA serves important purposes in our society, but it also presents tremendous challenges and potential liabilities for good-intentioned employers that merely want to provide nice benefits to their […]

Drug-free healthcare facility law takes effect in New Hampshire

by Gregory L. Silverman A New Hampshire law taking effect August 25 requires healthcare employers to take action against substance abuse in their facilities. The new law requires all hospitals, home healthcare providers, outpatient rehabilitation clinics, ambulatory surgery centers, urgent care centers, nursing homes, assisted living facilities, adult daycare centers, birthing centers, dialysis centers, and […]

No silver bullet, but HR seen as key to solving talent shortage

More and more employers are suffering from a shortage of talent at the same time jobseekers are struggling to find work. That seemingly implausible situation has become the reality in many fields as the world of work deals with a still-struggling economy and epic change brought on by rapid technological advances.  A study from workforce […]