Tag: Employment law

What “American Vandal” Does (Not) Teach Us About Workplace Investigations

I don’t normally binge-watch TV shows. While time is certainly an issue, I’m not going to go as far as to self-importantly claim that I do not have any availability to watch television. Let’s just say it’s a big commitment that I personally have a tough time setting aside. I’m more than happy with the […]

Noncompete

New Massachusetts Law Brings Changes to Noncompetes

Massachusetts’ new law affecting noncompete agreements, set to take effect October 1, retains certain aspects of current law—namely that a noncompete must be necessary to protect a legitimate business interest—but also enacts changes seemingly designed to reduce employers’ reliance on noncompetes.

Canada Wrestles with Medical Pot’s Impact on Safety-Sensitive Jobs

Perceptions of marijuana have changed dramatically in Canada. What used to be an illegal drug is now a recognized medical treatment and is soon to be a legal recreational activity.  Canada’s Cannabis Act—making recreational marijuana legal—will take effect on October 17, 2018. Employers have struggled to balance the changes against legitimate health and safety issues, […]

NY Fast-Food Industry’s ‘No-Poaching’ Agreements in the Cross-hairs

New York’s fast-food employers remain in the line of fire. First came the higher minimum wage laws. Next came proposed legislation that mirrors New York City’s “Fair Work Week” laws on “predictable scheduling” and attempts to end the “tip credit.” Now, new Attorney General Barbara D. Underwood recently joined a coalition of other states’ attorneys […]

Josh Gordon: The Final Straw?

The NFL season is back, and with it comes personnel news.  Are the Steelers and Antonio Brown going to smooth things over?  Is Tom Brady getting along with his boss?  Will Dez Bryant find work?  For me, though, the most interesting move to date was New England’s trade with Cleveland to acquire the services of […]

IT

Protecting Data from Departing Employees (or Why I Love Auditing and Access Restrictions)

Countless formal and informal studies show that most employees retain at least some company data when they leave a job. The reasons vary from the benign (such as when an employee inadvertently keeps a work flash drive) to the more malicious (such as in the case of an employee’s deliberate theft of company trade secrets […]

When Is Sexual Abuse an “Accident?”

A student alleged that she was sexually abused by a construction worker at her school and sued the construction company for negligently hiring, retaining, and supervising the worker. The company submitted the claim to its insurance company under a commercial general liability policy. The carrier successfully challenged the company’s request for coverage in federal court. […]

Brett Kavanaugh: How Will LGBTQ-Based Antidiscrimination Policies Fare?

The confirmation hearings for Brett Kavanaugh have finished (pending new hearings surrounding sexual misconduct allegations), and they have been filled with political strife already. I recently sat down with Mark Phillis, an attorney at Littler Mendelson, to discuss some of the fears that the LGBTQ community has about the future of workplace discrimination laws.