Labor Days
New York Rejects Florida Non-Competition Law As Against Public Policy
In a blow to New York employers who wish to enforce restrictive covenants under other state law, the New York Court of Appeals recently held that the Florida choice of law provision in an employment agreement was…
California and Massachusetts Employers—Mark Your Calendars for July 1
On July 1, employers in California and Massachusetts (with few exceptions) must begin providing paid sick leave to their employees. California and Massachusetts will be joining Connecticut, the District of Columbia,…
An Unforgiving NLRB Holds That Protecting Patient Data Under HIPAA Can Still Violate Section 7 Rights
It would make sense that the systems housing patient records at a physician’s office should be protected by a robust duty on the part of the physician’s employees to keep such records confidential. The purpose, of…
Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision
In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from…
Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters
As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against…