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
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.
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
The Virginia Supreme Court issued an opinion on Friday making clear that non-compete provisions that are overbroad as to the function to be performed by the employee are not enforceable in Virginia.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is seeking public comment on interim final rules that revise its regulations on the filing and handling of Sarbanes-Oxley Act (SOX) whistleblower complaints.