Legal Updates

New Federal Trade Secrets Law Features “Civil Seizure” Remedy

The “Defend Trade Secrets Act” has passed through Congress and is awaiting signature by President Obama, which is expected any day now.  Up to now, trade secrets have been the exclusive province of state law.  Although the new law will not displace state laws, it will provide an overlapping set of procedures to protect trade secrets and allow for enforcement of misappropriation claims in...Read More

Untimely Discrimination Claims Could Be Revived

A recent decision by the Eleventh Circuit Court of Appeals (covering Georgia, Florida, and Alabama) may have opened the door for countless otherwise-expired claims of age discrimination with no evidence of intentional basis. In Villareal v. R.J. Reynolds Tobacco Co., the Court ruled that an unsuccessful job applicant could pursue a claim of age discrimination under the federal Age...Read More

DOL Continues Expansion of “Joint Employer” Coverage

The US Labor Department’s Wage and Hour Division (WHD) recently issued an Administrative Interpretation that greatly expands the possibility that two or more businesses are “joint employers” of one employee.  Joint employment status means two or more employers may be held jointly and severally responsible for fulfilling minimum wage, overtime, and other obligations under the...Read More

NLRB Widens the Goalposts for Labor Union Organizers

A recent decision by the National Labor Relations Board could have a major impact on tens of thousands of employees who never thought that they would have to worry about labor unions.  In Browning Ferris Industries of California, Inc. et al., NLRB Case No. 32-RC-109684 (August 27, 2015), a majority of the five member Board held that a company was required to recognize and bargain with a union...Read More

What is Your Employment Risk Profile?

Are you prepared for a potential lawsuit or government investigation involving your employment practices?  Most employers know they have significant risk in this area, but do not know how to limit their legal exposure.  To properly assess and improve its risk profile, and potentially avoid a legal dispute altogether, an employer should work with legal counsel to focus on the following key...Read More