Searching Content indexed under Contract of Employment by Davis & Gilbert ordered by Published Date Descending.
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California Legislature Passes Bill Redefining Independent Contractor Test
On September 10, 2019, California legislators passed a landmark bill toughening the state's employment classification test for independent contractors.
United States
17 Sep 2019
Labor & Employment Alert >> Beginning October 29, 2018, New Jersey Employers Must Provide Paid Sick Leave
On October 29, 2018, New Jersey employers will be required to provide eligible employees with up to 40 hours of paid sick leave per year under the New Jersey Paid Sick Leave Act (the "Act").
United States
12 Oct 2018
New Massachusetts Law Specifies Requirements For Noncompetition Agreements
The Massachusetts Noncompetition Agreement Act (the "Act") codifies new requirements for noncompetition agreements entered into with Massachusetts employees and independent contractors on or after October 1, 2018.
United States
3 Oct 2018
Employers May Be Required To Accommodate Employees Who Request To Work Part Time Due To A Disability, Even If They Had Previously Worked In Full-Time Roles
Last month, the Sixth Circuit (which has jurisdiction over Michigan, Ohio, Tennessee and Kentucky) revived an employee's claim that the termination of her employment, due to her inability to return to her full-time job because of her post-partum depression and separation anxiety arising from leaving her baby at home, was a violation of the Americans with Disabilities Act (ADA).
United States
10 Sep 2018
Enforcing Restrictive Covenants Against Employees Discharged Without Cause
Can an employer enforce post-employment restrictive covenants (including agreements not to compete and not to solicit customers and employees) against an employee discharged without cause?
United States
27 Apr 2017
New Rights For New York City Freelancers Effective May 15, 2017
New York City freelancers hired by private employers will have new rights and protections under the New York City Administrative Code pursuant to the "Freelance Isn't Free Act" (FIFA).
United States
31 Mar 2017
Employment Restrictive Covenants And Other Post-Employment Restrictions
This chapter discusses the use and enforcement of restrictive covenants between employers and employees.
United States
22 Aug 2016
New Rights And Obligations For Employers Under The Defend Trade Secrets Act
President Barack Obama on May 11, 2016 signed the Defend Trade Secrets Act (DTSA), which provides a federal private right of action for the misappropriation of trade secrets.
United States
31 May 2016
IRS Regulations Clarify Treatment Of Self-Employment Tax Of Partners
In recently issued final and temporary regulations, the IRS has clarified the tax treatment of partners in a partnership that owns a disregarded entity for which the partners work as employees.
United States
17 May 2016
2016 Mitigating Risk: Key Litigation Developments - Employment >> Restrictive Covenant Keys: Choice Of Law, Forum Selection Provisions
In some states, such as California, non-compete agreements essentially are unenforceable outside the sale-of-business context because of the state's strong public policy against such agreements.
United States
12 Apr 2016
Restrictive Covenants For New York Employees Must Be Tailored To Comply With New York Law
On her first day on the job, Johnson was presented with a restrictive covenant agreement which had not been provided to her when she accepted her offer of employment.
United States
8 Jul 2015
Defining "Solicitation" In Restrictive Covenant Agreements
In "Bessemer Trust Company v. Branin", the Court of Appeals held that an executive who sold his company and later joined a competitor could assist his new employer in a variety of ways to pitch his former clients without violating the law on non-solicitation.
United States
28 Jul 2011
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