Do non-disparagement and confidentiality clauses in severance agreements violate Sections 7 and 8 of the National Labor Relations Act (NLRA)? The answer depends on the prevailing political winds – under President Trump’s NLRB, severance agreements containing these provisions were not …
Is after-acquired evidence still a defense against employment law claims? What happens when an employee files a wrongful termination claim, and then the employer discovers (after the action has been filed) that there were grounds for a lawful termination? In …
On January 5, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (NPRM) that will ban most non-compete clauses if finalized. The FTC’s proposed rule would strip away businesses’ best tool for preserving trade secrets and intellectual property …
Is there a fundamental right to earn a living that is recognized by the courts? In Golden Glow Tanning Salon v. Columbus, the Fifth Circuit Court of Appeals affirmed a grant of summary judgment against the plaintiff tanning salon who …
On October 13, 2022, the Department of Labor (DOL) published a new proposed rule on independent contractors that is likely to result in findings that some independent contractors have been misclassified under the Fair Labor Standards Act (FLSA) and may …
The unintentional disclosure of privileged or confidential information in discovery responses is an ever-present fear for civil litigators who understand the damage that it can cause, not only to their client’s case but, as in the case of the recent …
Victims and witnesses of sexual harassment often feel robbed of their sense of safety and peace of mind. After all, when someone is sexually harassed in an overt and physical manner, an actual assault and battery may have occurred. Sexually …
When you hire contract labor for your business, you must ensure that you are not misclassifying an employee for the tax and reporting benefits – if you do, you may have unexpected expenses when the government requires you to pay …
Our employment law attorneys at Murray Lobb routinely advise clients on unfair competition issues, including how to prevent unfair competition issues from arising and how to take legal action to protect your company’s interests. Below, we will go over some …
When should your business file a lawsuit for breach of contract? If vendors, customers, or other businesses have entered into an agreement with you or your company and failed to perform their obligations, you might have a lawsuit for breach …
