TOP TIP
The Defend Trade Secrets Act and Employee Agreements
Congress recently passed the Defend Trade Secrets Act (DTSA), which creates a federal private right of action for an employee’s theft of trade secrets, but also has an impact on an employer’s policies or agreements containing confidentiality provisions. To learn more, click here.
RECENT DEVELOPMENTS
EEOC Releases Enforcement Guidance on Retaliation
On August 29, 2016, the Equal Employment Opportunity Commission released its Enforcement Guidance on Retaliation and Related Issues, an updated replacement for the retaliation portion of its Compliance Manual, which was issued in 1998. For more, click here. The Guidance reviews what is retaliation generally, the specific prohibition of interference with the exercise of rights under the Americans with Disabilities Act, remedies, and “promising practices” to prevent retaliation or interference. Along with the Guidance, the EEOC also issued a question-and-answer publication, and a short Small Business Fact Sheet. To learn more, click here.
NLRB Revises Backpay Formula
The National Labor Relations Board has revised its formula for calculating backpay for workers whose rights under the National Labor Relations Act were violated, finding that its traditional approach failed to make the workers whole. To learn more, click here.
NLRB States that Student Teaching Assistants May Unionize
Reversing a 12-year precedent, the National Labor Relations Board now holds that student teaching and research assistants at private universities may be statutory employees who can thereby unionize. To learn more, click here.
DOL Issues Fair Pay and Safe Workplaces (i.e. “Blacklisting”) Final Rule Applicable to Government Contractors
The Federal Acquisition Regulatory Council and the Department of Labor have issued the Final Rule and Guidance implementing Executive Order 13673, “Fair Pay and Safe Workplaces,” aka the “Blacklisting” Rule. To learn more, click here.
7th Circuit Rejects EEOC’s Expansion of Title VII to Cover Sexual Orientation and Gender Identity
The U.S. Court of Appeals for the 7th Circuit rejected the Equal Employment Opportunity Commission’s expansion of the definition of “sex” under Title VII to include sexual orientation and gender identity. For the facts of the case, the court’s ruling, and lessons learned, click here.
TAKE NOTE
- NLRB - Class Action Waivers. The U.S. Court of Appeals for the 9th Circuit has added to the circuit split over the National Labor Relations Board’s position that employees’ agreements to waive the right to bring a class or collective action are illegal under the National Labor Relations Act. To learn more, click here.
- Wrongful Discharge. The U.S. Court of Appeals for the 5th Circuit found an exception to the at-will employment doctrine based on a state law that restricted employers from implementing policies or rules prohibiting employees from having guns in their locked vehicles on company property. To learn more, click here.
- FCRA – Required Notice. Frito-Lay’s nearly $1 million settlement of a class action alleging violations of the Fair Credit Reporting Act provides a strong reminder to employers of the need to ensure compliance with FCRA’s very technical authorization and notice requirements when conducting background checks through a third-party. To learn more, click here.
- Non-Compete Agreements. The U.S. Court of Appeals for the 4th Circuit found a non-compete agreement to be overbroad and unenforceable because it barred the employee from working for a “similar” business. To learn more, click here.
- SEC – Severance Agreements. The Securities and Exchange Commission is cracking down on severance agreement provisions that could possibly deter an employee from communicating with the SEC. To learn more, click here.
- Massachusetts Law – Equal Pay. A new Massachusetts law requires equal pay for men and women performing “comparable” work, prohibits employers from asking applicants about their salary history, and prohibits pay secrecy. To learn more, click here.
- D.C. Law – Contractor Wage Liability. Under the District of Columbia Wage Theft Prevention Amendment Act, general contractors are vicariously liable for their subcontractor’s wage payment violations, according to the U.S. District Court for the District of Columbia in Bonilla v. Power Design, Inc.. To learn more, click here.