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Wednesday, October 5, 2011
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Tuesday, May 31, 2011
In late 2010, the National Labor Relations Board (the "NLRB") issued a controversial complaint regarding workers' rights and personal internet postings, contending that comments on a social networking site constituted protected activity. While the complaint was subsequently settled, the NLRB's pursuit of this claim raises concerns for...
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Tuesday, May 31, 2011
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Monday, May 2, 2011
In 2009, Section 195 of the New York Labor Law (the "Labor Law") was amended to require employers to provide certain written information to newly hired employees, including their rates of pay, their regular payday and, if non-exempt, their regular hourly and overtime rates of pay. At the end of 2010, legislation entitled the New York State Wage Theft...
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Tuesday, November 2, 2010
In an opinion letter dated January 10, 2010, the New York State Department of Labor ("NYDOL") stated its position that employers cannot deduct from an employee's wages amounts owed by the employee to his employer, including for overpayments or repayment of a loan, even with the employee's written authorization.
Section 193 of the Labor Law (entitled "...
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Tuesday, November 2, 2010
Recent decisions rendered by the United States Supreme Court, the United States Court of Appeals for the Second Circuit and the New York State Court of Appeals generally bode well for employers with respect to the enforcement of their arbitration agreements with employees.
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Monday, February 1, 2010
The United States Equal Employment Opportunity Commission (the "EEOC") recently issued guidance in question and answer format entitled "Understanding Waivers of Discrimination Claims in Employee Severance Agreements" (the "Severance Agreement Guidance"). While the Severance Agreement Guidance does not break much new ground, it provides a useful summary of...
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Monday, May 4, 2009
Two recent disputes illustrate the success employers may achieve when they seek to protect their confidential and proprietary information.
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Monday, May 4, 2009
In late January 2009, the United States Supreme Court decided Crawford v. Metropolitan Government of Nashville and Davidson County , 129 S. Ct. 846 (2009), a case that will force employers to revisit their internal investigation policies. The plaintiff in Crawford claimed retaliation when she and two other employees were terminated after being questioned in...
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Thursday, January 1, 2009
The downturn in the economy has created an increase in restrictive covenant litigation as employers seek to prevent competitors from gaining access to their confidential and proprietary information, clients and employees. We present below a summary of the principles and issues concerning non-compete and non-solicitation provisions that have been addressed...