LexisNexis® Legal Newsroom
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...

Coworking Part 4: Managing Employees

Coworking Part 4: Managing Employees In my recent blog posts, I discussed the emerging importance of coworking spaces in the post-industrial workforce and some of the risks around data security and privacy , as well as interpersonal employment law risks . In this next part of the series, I set out...

Court Says PAGA Representative Action Waiver Is Unenforceable Even Though Plaintiff Had Ability to Opt Out of Arbitration Agreement

by Robin Largent Last week a California Court of Appeal addressed various issues relating to the enforceability of an employment arbitration agreement containing a class action and representative action waiver in the wake of the California Supreme Court’s decision in Iskanian v. CLS Transportation...

Backlash To Sandwich Noncompetes: Three States Propose Bills To Limit, Ban Noncompetes

After the world woke up and discovered a "secret" everyone who practices employment law already knew, that noncompete agreements are becoming so common even low-level employees like sandwich makers and dog groomers are being required to sign them to keep their jobs, four states are stepping...

Internal Investigations: KBR, Inc. Fined $130,000 Over Standard Confidentiality Statement

The Securities and Exchange Commission (“SEC”) recently issued a press release announcing its “first enforcement action against a company for using improperly restrictive language in confidentiality agreements with the potential to stifle the whistleblowing process.” At issue...

How To End Sandwich Noncompetes?: Tie Them To CEO Pay

Problem 1: CEO Pay Gap CEO pay has been in the news a lot lately, and for good reason. CEOs make, on average, about 300 times what their average workers make. Hillary Clinton has made CEO pay part of her campaign. Where CEO pay jumped an average 13% in 2014, rank and file workers saw only a 2% average...

Some Thoughts on Arbitration Agreements for Employees

Recently, the Cuyahoga County Court of Appeals stymied an attempt by an employer to enforce an arbitration agreement against an employee. The employer was a Burger King franchise and the employee was a former employee claiming she was raped by her supervisor in the restaurant’s men’s bathroom...

Are Mandatory Employment Arbitration Agreements About to Be History in California?

This may be the case. California's Legislature has passed a bill ( AB 465 ) to ban employers from requiring applicants and employees to agree to arbitrate employment disputes as a condition of employment or continued employment. That bill is now headed to the Governor's desk to sign or veto....

Don’t Call the Whole Thing Off When Negotiating IP Rights With Employees

Tomaydo-Tomahhdo is a local sandwich shop, and a purveyor of damn fine paninis and wraps. As for litigation, let’s say its lunches are way better. It sued one of its former chefs, claiming that he stole its book of recipes to open a competing catering business. Ultimately, the restaurant lost its...