All Employment Law Articles
Families First Coronavirus Response Act - An analysis of House Bill 6201
On March 19, 2020 the Senate passed the Families First Coronavirus Response Act to address some employment impacts of the coronavirus and COVID-19. It was a much smaller version of the Act that passed...
posted by Neil Klingshirn | Mar 14, 2020 4:04 PM [EST] in | applies to All States
Sexual Harassment Protections in New York
Everyone deserves a workplace free from sexual harassment. What types of sexual harassment violate the law? What protections do you have under New York sexual harassment laws? And what should you do i...
posted by Charles Joseph | Apr 18, 2019 1:07 PM [EST] in | applies to New York
Can I still be fired if I already resigned.
Most employers want employees to give them a two week notice before resigning. Sometimes, though, employers accept a two week notice immediately, in effect firing employees two weeks before the employ...
posted by Neil Klingshirn | Oct 4, 2014 4:20 PM [EST] in Wrongful discharge | applies to Ohio
Can they enforce my Non-compete if they Fired Me?
Non-competition agreements hit fired employees particularly hard, especially when the employer fires the employee without warning or cause. Non-competes hits fired employees with a second whammy, a ba...
posted by Neil Klingshirn | Oct 4, 2014 2:10 PM [EST] in Non-competition | applies to All States
Employee Poaching & Non-Compete Agreements
Over the past decade, there has been a dramatic increase in non-compete litigation. This is not anecdotal— it is statistical. State and federal court dockets confirmed that non-compete litigation is...
posted by Jonathan Pollard | Aug 12, 2014 08:24 AM [EST] in Tortious interference | applies to Florida
Tired Truckers: How the Tracy Morgan Crash is a Sign of a Bigger Problem
Driving while tired can be just as dangerous as driving while intoxicated, and in an industry that pushes the limits on production, tired truck drivers are often the result. The recent tractor trailer...
posted by Chris Wilms | Jun 11, 2014 07:09 AM [EST] in Wrongful discharge | applies to North Carolina
Who should have to pay back overpaid Unemployment Benefits in North Carolina?
The majority of contested NC unemployment benefits cases we handle involve the following situation: The Claimant (former employee) files for unemployment benefits. The Employer gives the Division of E...
posted by Chris Wilms | Mar 27, 2014 12:42 PM [EST] in Unemployment | applies to North Carolina
Your Job Title Does Not Determine Whether You Are Exempt from Overtime Compensation
California courts and the Department of Labor have repeatedly held that an employee's title doesn't determine whether he or she should be exempt from receiving overtime compensation. In other words, j...
posted by Arkady Itkin | Jan 3, 2013 11:58 AM [EST] in Overtime | applies to California
Help for Non-competition Problems
Non-competition agreements can block promising career paths. Even so, every state enforces them, but within limits. For help solving your non-compete problems, learn the limits. Neil Klingshirn has wr...
posted by Neil Klingshirn | Dec 21, 2010 2:42 PM [EST] in Non-competition | applies to All States
Exempt or Nonexempt: Do You Receive Overtime Pay?
When it comes to the idea of overtime pay, most think that only the laborer, manufacturer or other "blue collar" worker is eligible to receive overtime, not the professional, executive, supervisor or ...
posted by Norman B. Blumenthal | Nov 10, 2010 10:40 AM [EST] in Wage payment | applies to California
Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m...
posted by Neil Klingshirn | Nov 4, 2010 1:47 PM [EST] in Non-competition | applies to All States
Enforcing Non-competition Agreements after the Sale of a Business
If an employer with non-competition agreements sells its business to a new buyer, the buyer does not necessarily acquire the old employer's/seller's rights in its non-competition agreements. The buyer...
posted by Neil Klingshirn | Nov 4, 2010 1:27 PM [EST] in Non-competition | applies to All States
Overtime Wages When Carrying and Using a Pager or Cell Phone After-hours for Your Employer
Employees are often asked to carry a pager or cell phone after regular work hours to respond to customer calls or emergencies. Sometimes, the employee is not compensated for the time spent carrying th...
posted by Robert Kapitan | Jun 30, 2010 5:20 PM [EST] in Overtime | applies to All States
Same-sex Harassment Claims
Claims of sexual harassment where the harasser and harassed are the same sex are analyzed in much the same way as different-sex harassment cases. See, generally, Sexual harassment by a co-worker . How...
posted by Robert Kapitan | Jun 29, 2010 7:41 PM [EST] in Harassment | applies to All States
Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint is: reasonable in that it is no greater than nece...
posted by Neil Klingshirn | Feb 17, 2010 10:08 AM [EST] in Non-competition | applies to Virginia
Choice of Law in Non-compete Cases
Non-compete laws vary significantly from state to state. California law favors employees, while Ohio law recognizes and protects most employer interests. Thus, the law that a court chooses to apply to...
posted by Neil Klingshirn | Feb 7, 2010 3:15 PM [EST] in Non-competition | applies to All States
Injunctions Barring Enforcement of Invalid Non-competes
Employers who enforce non-competition agreements have long sought temporary restraining orders (TROs) and preliminary injunctions to bar employees from violating valid non-competition agreements. Cour...
posted by Neil Klingshirn | Jan 24, 2010 1:07 PM [EST] in Trial, Hearings | applies to All States
Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445...
posted by Neil Klingshirn | Jan 22, 2010 4:31 PM [EST] in Non-competition | applies to Michigan
Physician non-competition agreements in Michigan
Michigan non-competition agreement law states that an employer may protect an employer's reasonable competitive business interests, but its protection in terms of duration, geographical scope, and the...
posted by Neil Klingshirn | Jan 22, 2010 4:08 PM [EST] in Non-competition | applies to Michigan
Indiana Non-competition Law
Indiana courts disfavor covenants not to compete, which they view as in restraint of trade. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co. 492 N.E.2d 686 (Ind. 1986). Indiana courts strictly constr...
posted by Neil Klingshirn | Jan 22, 2010 1:04 PM [EST] in Non-competition | applies to Indiana