The Bottom Line Washington, D.C.’s new law banning non-compete agreements is sweeping in scope. Given the potential liability for violating the Act, employers should become familiar with the Act’s provisions.Employers should review their existing restrictive covenant agreements for Washington, D.C. Continue Reading
Keeping the Faith…less Servant Doctrine Alive
The Bottom Line The faithless servant doctrine has potentially huge advantages for employers, including alleviating the need to prove damages – a requirement for any claim for breach of contract.Disgorgement of past wages allows for monetary relief in circumstances where proving damages may be Continue Reading
Summer Camp Closures and Cancelled Enrichment Programs Allow Working Parents to Request Paid Leave from Covered Employers
The Bottom Line Employees who managed to both work or telework, and take care of their kids when schools were closed during the months of April, May and June 2020, could be eligible for a paid leave during the summer months to care for kids if their planned camp or other summer program is also Continue Reading
Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination
The Bottom Line Firing an employee for being gay, bisexual, transgender or transitioning is a violation of federal law. Employers should be mindful that such discrimination may seep into the workplace in much more subtle ways than an employee’s termination. Employees should be encouraged to shed Continue Reading
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
COVID-19: As Cases Continue to Spread, Will Court Cases Begin to Spread?
The Bottom Line As employees return to work, employers must increase precautions they take in connection with their workers’ health and safety.Companies should closely follow guidance being issued and frequently updated by the CDC, OSHA, and other agencies, to protect themselves from civil Continue Reading
Employers Need to Promptly Raise Plaintiff’s Failure to File Charges with the EEOC
The Bottom Line With Fort Bend, the Supreme Court has set limits on an employer’s ability to dismiss a Title VII claim when the employee failed to raise a parallel claim with the EEOC. The Fort Bend decision serves as a warning that employers should promptly conduct a careful review of a Title Continue Reading