Informed Employer: The Defend Trade Secrets Act Requires Employers to Comply With Notice Requirement Informed Employer: The Defend Trade Secrets Act Requires Employers to Comply With Notice Requirement

Informed Employer: The Defend Trade Secrets Act Requires Employers to Comply With Notice Requirement to Reap the Remedies

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Study Claims Ban-the-Box Laws Encourage Racial Discrimination
Advocates say Ban-the-Box laws, which limit employers from asking job applicants about their criminal histories, reduce unemployment rates among people with convictions. But according to a recent study, they also increase racial discrimination.
(Source: The Baltimore Sun, 2016-07-30) Read the full article
EEOC Changes Data Collection Methods to Curb Religious Bias
At a time when the nation's political discourse has focused on religion -- particularly on Muslims entering the U.S. -- the Equal Employment Opportunity Commission is stepping up awareness of religious discrimination by educating younger workers and having claimants more specifically define their faith. The commission announced that it is changing how it collects data about the religion of someone who alleges discrimination.
(Source: SHRMOnline, 2016-07-28) Read the full article
Mass. Becomes First to Bar Employers from Requesting Salary History
Republican Gov. Charlie Baker signed into law Monday a bill requiring men and women be paid equally for comparable work in Massachusetts — including what supporters say is a first-in-the nation provision barring employers from asking prospective workers to provide a salary history. In particular, supporters hailed the provision in the law preventing employers from asking prospective workers to tell them how much they were getting paid at prior jobs.
(Source: Boston Herald, 2016-08-02) Read the full article
Lawmaker Unveils Bill to Boost H-1B Salary Threshold to $100,000
North County Republican congressman Darrell Issa announced the introduction of legislation that is intended to close a loophole in the H-1B visa program that allegedly depresses wages and job opportunities of American engineers. The bill introduced by Issa -- and backed by the entire San Diego House delegation -- would raise the H-1B salary threshold of $60,000 to $100,000.
(Source: San Diego Reader, 2016-07-21) Read the full article
Firms Concerned Over Costs Related to Automatic 401(k) Enrollment
A decade ago, the U.S. Congress said companies could tweak retirement plans to get a lot more workers to save, and at first companies were enthusiastic. But ten years later that momentum has completely stalled, and it turns out the big reason is cost.
(Source: Bloomberg, 2016-07-21) Read the full article
More Small and Midsize Employers Opting to Self-Insure Workers
A growing number of small and midsize employers are opting to self-insure their employee health plans, in part because self-insuring allows employers to avoid some—but by no means all—of the coverage mandates and administrative costs imposed by the Affordable Care Act. While the data does not conclusively demonstrate that ACA is the reason for this shift, the findings "are consistent with the prediction that ACA would cause more small and midsized employers to adopt self-insured plans," said Paul Fronstin, health research director at the nonprofit Employee Benefit Research Institute in Washington, D.C.
(Source: SHRMOnline, 2016-07-29) Read the full article
Some Companies Helping Workers Transition After Having Children
At a time when new parents may find themselves overwhelmed -- even sobbing late at night as they deal with their new at-home responsibilities while trying to hold down a full-time job -- a growing number of companies are making efforts to soften the blow. They are providing employees with coaching sessions, either in person, over the phone or through small group sessions that may be broadcast over the web.
(Source: The New York Times, 2016-07-22) Read the full article
Firms Taking Interest in Helping Workers with Retirement Prep
A new survey says America's bosses are growing more concerned over their workers' financial well-being and preparations for retirement. According to a survey of more than 300 U.S. employers by Willis Towers Watson, more companies say they will try to help their employees by focusing increasingly on retirement readiness and benefit adequacy.
(Source:, 2016-07-30) Read the full article
Companies Betting Student Loan Repayment Benefit Will Be Huge
Companies are increasingly betting on the idea that having the boss's help with student loan payments will be big business. CommonBond, a startup known for student loan refinancing, will now offer a platform employers can use to make contributions to their workers' student loan payments, the company announced.
(Source: MarketWatch, 2016-07-19) Read the full article
More Companies Taking Steps to Promote Muslim-Friendly Workplaces
More U.S. employers are taking steps to make Muslims feel accepted and safe at work, as their faith comes under scrutiny with the rise in terror attacks and calls by presumptive Republican presidential nominee Donald Trump for a ban on Muslim immigrants. Companies are setting aside rooms for prayer, organizing group discussions about the religion and planning office parties without alcohol.
(Source: Bloomberg, 2016-07-19) Read the full article
The Defend Trade Secrets Act Requires Employers to Comply With Notice Requirement to Reap the Remedies

Demetrice Allen

On May 11, 2016, the President signed the Defend Trade Secrets Act of 2016. The Act has three components: 1) creates a federal cause of action for trade secret claims; 2) grants whistleblower protections to employees; and 3) enables seizure of trade secrets.

Trade Secret Disputes Are Now Federal Causes of Action

Historically, all trade secret disputes had to be brought under state laws. District courts now have jurisdiction over trade secret disputes, including contract and tort claims. The Act does not preempt non-compete state laws.

The Act has a variety of remedies that the plaintiff can recover in federal court. The Act permits plaintiffs to receive an injunction to prevent a person from entering into an employment relationship. The court may place conditions on employment when shown evidence of a substantial threat of trade secret misappropriation that will hurt the former employer.

Read more here.


Two Opportunities to Hear from Our Immigration Team – Ice Miller Webinar and SHRM Conference

Jenifer Brown and Christl Glier

Jenifer Brown and Christl Glier will be hosting a free webinar on August 17th regarding employer obligations under the new F-1 OPT STEM rule, alternatives to the H-1B visa category and recommended policies on green card sponsorship. Sign up for our webinar here.

In addition, Jenifer and Christl will be presenting at the upcoming SHRM conference in Indianapolis on August 31st. Their topic is U.S. Immigration Policy Today and Tomorrow and will cover the role of immigration and foreign workers in the upcoming Presidential election, immigration reform and employment-based visa and green card sponsorship options and recommendations. See the full conference schedule here.

Please join us!


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