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Corporate Counsel

More Workers Seek Mental Health Accommodations, Creating Vexing Legal, HR Decisions for Firms

"People are more willing to step up and say, 'I'm a person who has this and this, and this is what it means to me,'" said Devjani Mishra, a Littler Mendelson shareholder.
6 minute read

New York Law Journal

'Bazdaric', the 'Integral to the Work' Defense and the 'Slippery Condition' Provision of Industrial Code 23

In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.
14 minute read

Law.com

Peloton Accused Duping Workers With 'Worthless' Stock Options, Employment Suit Claims

Peloton was hit with an employment lawsuit in Kentucky state court last week by a employee who claims the at-home fitness company duped him to stay with the company during COVID-19 by granting him "worthless" restricted stock units and stock options.
3 minute read

The Recorder

California Supreme Court Cuts Break to 'Good Faith' Employers in Wage Statement Case

While ignorance may generally be no excuse when it comes to the law, there are some exceptions when enforcing California's labor laws, the high court held.
4 minute read

New York Law Journal

Second Circuit Takes on Case Involving Discovery of Regular Employees in Union Debate

A pending Second Circuit case will likely decide whether employers facing a preliminary injunction proceeding brought by the National Labor Relations Board can obtain court-sanctioned discovery from rank-and-file employees of their views of the "chilling effect" of particular employer actions on their willingness to support the union seeking to organize them.
6 minute read

New York Law Journal

What a Recent Labor Law §240(1) Decision Teaches Us About Stare Decisis

This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
12 minute read

Daily Report Online

Employment Lawyers in Big Law Optimistic About More Work Ahead After Noncompete Rule

"If it did go into effect, certainly it's going to create a demand for people to make sure their nonsolicitation provisions are tightly drafted," said Ogletree partner Christine Bestor Townsend.
5 minute read

Corporate Counsel

With Noncompetes Out, Businesses May Swivel to 'Garden Leave,' Other Ways to Protect IP

"Nonsolicitation agreements will be that much more important, that much more of a prevalent part of how private entities regulate ... or manage the market for employment and employment mobility," said John Siegal, a Baker & Hostetler partner.
5 minute read

Corporate Counsel

Challenges to Noncompete Ban Already Hitting Courts, Setting Up Showdown Over FTC's Powers

"If you take this to its natural extension, the FTC is invalidating hundreds and hundreds of years of a common law, of statutes being implemented on this topic," Jason Tremblay, a partner with Saul Ewing, said.
6 minute read

New Jersey Law Journal

The End of Noncompetes? Anxious Clients Are Calling Their Lawyers

"I'm a defense lawyer primarily, but at the end of the day, noncompete agreements were not meant to be a tool to prevent your midlevel workers from going from Company A to Company B," employment attorney Michael Elkins said.
6 minute read

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