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

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.

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