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Foley & Lardner Labor and Employment Law Weekly Update (Week of July 18, 2011)

Serving Two Masters Can Trigger Overtime Claims By Gregory W. McClune While it has been said that "no one can serve two masters," in our modern society many people work for two or more employers at the same time. This multiple employment can have significant consequences under...

Why I Don't Like Most Non-Disparagement Clauses (and 3 Tips To Fix Them)

Will Blythe recently penned an op-ed in the New York Times entitled, Fired? Speak No Evil. In this piece, Mr. Blythe chronicled his recent job loss, and why he refused to sign a separation agreement that included a non-disparagement clause. Like Mr. Blythe, I don’t like most non-disparagement clauses...

More on the EEOC’s Position on Retaliation in Severance Agreements: A Proposed Solution

In an earlier post , on a lawsuit the EEOC has filed, claiming that some fairly generic terms in an employee severance agreement constitute illegal retaliation. In EEOC v. CVS , the agency claims that an agreement that attempts to limit an employee’s communication with the EEOC unlawfully attempts...

The EEOC and Mission Creep: CVS

The EEOC issued a press release announcing that it had filed a pattern and practice suit against CVS because of its use of an "overly broad" severance agreement which interferes with the employee's rights to file a charge or to communicate with the EEOC. The regional attorney referred to...