Informed Employer: How Not to Use a Covenant Not to Compete Informed Employer: How Not to Use a Covenant Not to Compete

Informed Employer: How Not to Use a Covenant Not to Compete

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GOP to Challenge ACA Definition of "Full-Time Employees"
Congressional Republicans will return to Capitol Hill with Obamacare in their crosshairs. They'll take aim at a provision in the law that defines "full-time employees" as those working 30 hours or more.
(Source: The Fiscal Times, 2014-02-19) Read the full article
Workplace Safety Regulations Highlighted After Factory Death
Workplace deaths are tragically common: 4,383 workers were killed on the job in the U.S. in 2012, the latest year for which OSHA has data, or about 12 a day. The Occupational Safety and Health Administration cited a Florida manufacturer for safety violations discovered after the death of a machine worker in August 2013, adding a concrete example to abstract debates about the appropriate level of regulation in free markets.
(Source: Bloomberg Businessweek, 2014-02-19) Read the full article
Corporate-Sponsored Medical Tourism Partnerships Aim to Cut Costs
Beginning this year, employees in need of a knee or hip replacement with health coverage at a Wal-Mart or a Lowe's didn't have to choose surgery at their local hospital. Instead, they can travel to four medical centers in Baltimore, Seattle, Irvine, Calif., or Springfield, Mo., sites selected for the Employers Centers of Excellence Network.
(Source: MedCity News, 2014-02-09) Read the full article
Many Companies Cutting Back on Workers' 401(k) Plans
Companies including JPMorgan Chase, Oracle, and Caesars Entertainment have reduced the amount or delayed payment of 401(k) matching funds and dragged out vesting schedules, making it harder for employees to save for old age, according to hundreds of government filings analyzed by Bloomberg. Corporate tinkering with 401(k)s accelerated in the wake of the 2008 financial crisis.
(Source: Bloomberg Businessweek, 2014-02-20) Read the full article
Laid-Off Workers Getting Less Assistance Finding New Jobs
As unemployment remains stubbornly high, one of the main tools companies use to help some laid-off workers find new jobs is shrinking. Outplacement used to be a way to help upper-level employees -- usually managers and above -- through a job loss and guide them toward new work, but where companies once paid outside firms for months of face-to-face coaching, job leads, office space and workshops, laid-off workers today get less help.
(Source: The Wall Street Journal, 2014-02-18) Read the full article
Corporate America Seeing Rise in Women, Foreign-Educated
The face of corporate America is gradually being remade as women and professionals educated abroad enter into the top ranks of the largest corporations, according to a study in the latest Harvard Business Review. And the career path to the top has also changed over the last 30 years, the research found.
(Source: The New York Times, 2014-02-18) Read the full article
More Underperforming Companies Disclose Executive Comp
A growing number of underperforming companies want investors and analysts to know: "Our top executives aren't making as much money as you think they are." In this era of unrest over executive pay, the compensation data required to be disclosed in proxy statements may portray company leaders as being unduly enriched while performance lags, a study by Compensation Advisory Partners (CAP) suggests, so some companies are offering voluntary supplemental disclosure, in the form of "realized" or "realizable" pay.
(Source: CFO.com, 2014-02-19) Read the full article
College Athletes Looking to Form Labor Union
Football players at Northwestern University have kicked off a daunting, but not necessarily impossible, drive to become the first U.S. college athletes to unionize, starting a legal process with the potential to redefine college sports. Wildcats quarterback Kain Colter has teamed up with Ramogi Huma, a former University of California-Los Angeles player turned activist, to form the College Athletes Players Association (CAPA), a first-of-its-kind labor union.
(Source: Reuters, 2014-02-10) Read the full article
Chain of Sports Bars to Pay $6.8M to Settle Over Wage Violations
A popular chain of sports bars based in Philadelphia has agreed to pay $6.8 million in back wages and damages for improperly taking tips from waiters and bartenders and for violating minimum wage and overtime laws, the Labor Department announced. The department said that Chickie's & Pete's, which has nine sports bars in Pennsylvania and New Jersey, illegally underpaid and took a percentage of tips from 1,159 servers.
(Source: The New York Times, 2014-02-20) Read the full article
 
 
 
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How Not to Use a Covenant Not to Compete
 
 
David Carr

A very recent court of appeals decision offers a primer on how not to use a covenant not to compete involving an employee. Wise employers will learn the lessons taught by this ruling.

In this case, an employer sought to enforce a non-compete against an employee who left and went to work for another company. The employee in question possessed no unique confidential information of the original employer, made no effort to steal customers, and took no steps to interfere with the employer's business.

Read full story online.

Ice Miller congratulates the 100 companies to make the 2014 Best Places to Work list.

See the full list here.

 

All in the Name: Employee Names and the Form I-9

What is your name? It seems like a simple enough question, but the Form I-9 has managed to make even this question complicated. Although the two-page Form I-9 is accompanied by a 70-page handbook (M-274) and a website dedicated to its nuances, bright-line rules dictating an employer's responsibilities for the variety of possible situations that may result in a name discrepancy are hard to find. For example, what is an employer's responsibility when an employee's name on the document(s) presented do not match the name the employee wrote in Section 1? The answer may be surprising: it depends upon the employee's explanation of the discrepancy. The M-274 Handbook for Employers provides the following directive: employers "may accept a document with a different name than the name entered in Section 1 provided that [the employer] resolve[s] the question of whether the document reasonably relates to the employee."

Read full article here.

If you have questions related to the Form I-9, including training opportunities, please contact Grace Miller, Jenifer Brown or another member of the immigration practice.

 

 
 
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