The Obama Administration may go down in history as the Administration of Enforcement: investigations of worker misclassification and wage and hour issues are way up. Now we’re seeing it also applies to the civil rights arena. Last year was a record-setting year for the Equal Employment Opportunity Commission. It received more charges than ever, resolved [...]
As published in the August 8, 2011 CT Law Tribune
On November 2, 2010, Georgia residents voted to change the state’s constitution to allow the enforcement of reasonable non-compete agreements. Until this point, Georgia has been one of the most hostile states for employers seeking to enforce such agreements. This was due to a constitutional provision strongly disfavoring such agreements. The recently ratified constitutional amendment replaces that provision and allows a non-compete-friendly bill, passed in 2009, to become effective. One question that remains, however, is when can employers begin to take advantage of the new law?
As published in the July 19, 2010 Connecticut Law Tribune. In today’s competitive economy, many employers try to limit litigation costs by requiring employees to sign arbitration agreements. One drawback, however, is employees may nonetheless file suit in court, forcing employers to litigate the very arbitration agreement that was supposed to keep them out of [...]
There is a tide rolling in to expand the federal WARN Act. The Worker Adjustment Retraining Notification Act (WARN) requires 60 days notice by employers, with 50 or more employees, of mass lay off’s or plant closings if at least 500 employees or a third of a workforce greater than 49 employees at one site [...]