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Navigating the Sometimes Tricky Terrain of Noncompete Agreements

In a competitive business environment where human talent often represents an organization’s most important asset, noncompete agreements serve as important tools to help companies safeguard their proprietary information and maintain a competitive edge. But these legal contracts, designed to prevent employees from entering into direct competition with their former employers for a specified period after […]

Presidential Politics and the Workplace

If Trump wins, one thing is certain: NLRB General Counsel (GC) Jennifer Abruzzo would be fired at once. Just as President Joe Biden sacked then-NLRB GC Peter Robb almost before the Inaugural Balls were over, Abruzzo would meet the same fate. Because the GC sets agency policy and decides what cases to pursue, the Board […]

Small Creatures Cause Large Number of Fatalities

When you think of certain jobs—like firefighter, police officer, bodyguard—you tend to think that these jobs are pretty dangerous. Would you feel the same way about groundskeepers or florists? Some of the most mundane jobs may, in fact, be the most life-threatening. And it’s not the jobs that are killing workers; it’s the critters that […]

Mental disorders: How will DSM-5 affect California employers?

What is DSM-5? It is the new edition of the Diagnostic and Statistical Manual of Mental Disorders, released by the American Psychiatric Association on May 18, 2013. This is the first substantial update to the DSM since 1994, and it reorganizes the classification system and changes the names of some disorders to simplify diagnostics for practitioners. The DSM is primarily used by psychiatrists and other mental health professionals in diagnosing patients, but its influence extends to the courts and the development of employment law.

A Shorter Commute Can Be Very Accommodating under the ADA, 2nd Circuit Says

Perhaps employers have been mistaken in assuming they never have to worry about a worker’s commute when accommodating a sickness or disability. In certain circumstances, an employer may be required to assist with an employee’s commute, the 2nd Circuit says in a recent opinion (Nixon-Tinkelman v. New York City Department of Health and Mental Hygiene). […]

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Training Mistakes to Avoid—Part 2

Training is an integral part of employee development and organizational growth, but it’s not without risks. In Part 1 of this two-part series, we outlined several different training mistakes that employers will want to avoid.

Supreme Court Lowers Bar for Adverse Actions

Can an employee sue under Title VII of the Civil Rights Act of 1964 to challenge a lateral transfer, even if the transfer doesn’t result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is yes. Employers transfer employees, or take other actions, for a variety of reasons. Until […]

New NLRB General Counsel Identifies Possible Changes

Those of you who have watched the National Labor Relations Board (NLRB)—the nation’s primary enforcer of labor law—over the years no doubt expect it to reshuffle its priorities when the White House changes parties. The Board swore in Jennifer Abruzzo as its new general counsel (GC) on July 22, 2021, and three weeks later, she […]