GT L&E Blog Global Developments In Labor & Employment Law

Monthly Archives: November 2011

NLRB adopts controversial resolution limiting parties’ rights in union election cases

By Justin Keith on Posted in Labor

Today, the NLRB voted 2–1 to adopt a resolution put forth by Chairman Pearce that will result in significant changes to the Board’s representation case procedures—changes that most view as decidedly pro-union. Under the Board’s current rules, an employer has the unqualified right to insist on a pre-election hearing, at which it can introduce testimony and evidence, and file a post-hearing… Continue Reading

Eleventh Circuit rejects overreaching DOL regulation

By Jay Lechner on Posted in Wage & Hour

A Department of Labor regulation (29 C.F.R. § 776.23(c)) purports to bring “within the scope” of the FLSA all employees engaged in construction work, including maintenance and repair work, that is “closely or intimately related” to a covered enterprise. In other words, “[i]f the construction project is subject to the [FLSA], all employees who participate… Continue Reading

Are Restrictive Covenants Enforceable in California? It Depends.

By GT Labor & Employment Team on Posted in Restrictive Covenants, State Law, Trade Secrets

In California, it is well established that non-compete provisions are unenforceable, subject to certain statutory exceptions. But what about non-compete provisions that are ambiguous as to their protection of confidential information or trade secrets? Recently, when faced with such a provision, one California federal court narrowly construed the provision to find it enforceable.

EEOC – 2011 A Record Year

By Daniel Pasternak on Posted in Discrimination, EEOC

This week, the EEOC released its annual Performance & Accountability Report for its fiscal 2011 year (ending September 30, 2011). In what may come as no surprise in a bad economy, where unemployment is high and more and more employees are being laid off, the EEOC reported that in 2011, it received almost 100,000 new charges of discrimination (99,947, to be exact).

Supreme Court Vacates California Ruling on Arbitration Agreements

By GT Labor & Employment Team on Posted in Arbitration, Contracts, State Law

Does an employee have the right to proceed before the California Labor Commission after signing an agreement to arbitrate all claims? That is a question the California Supreme Court will have to decide after the U.S. Supreme Court vacated its decision in Sonic-Calabasas A, Inc. v. Moreno and remanded the case for further consideration in light of AT&T Mobility v…. Continue Reading