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Legal News: Employment Law Employee

Legal News: Employment Law Employee

News

[07/29] Initial jobless claims drop to 457,000
[07/22] Elevated jobless claims point to weak labor market
[07/22] Additional jobless benefits hinge on House vote
[07/19] Obama to GOP: Restore jobless benefits

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Articles

Noncompete Agreements

Covenants not to compete, or noncompete agreements, are fairly commonplace in employment contracts. The purpose of the agreement is to protect the employer's business interests, trade secrets and other confidential and proprietary information should the employment relationship end. For example, physician contracts often include noncompete agreements that prevent the doctor from taking clients with him or her or working for a competing physician group within a specific geographic range.

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What is the Difference Between Overtime Pay and Compensatory Time?

Under the Fair Labor Standards Act (FLSA), employers are required to pay covered, nonexempt employees overtime pay at the rate of one and half times the regular rate of pay for any hours worked over 40 hours within a seven day period. The FLSA also provides:

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Case Summaries

[06/25] Kemp v. Holder
In an action for violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act arising from the termination of plaintiff's employment as a federal court security officer, summary judgment for defendant is affirmed where plaintiff failed to show a genuine issue of material fact regarding whether he had a "disability," as that term is defined under the ADA.

[06/25] Malone v. Lockheed Martin Corp.
In plaintiff's suit for employment discrimination based on race and retaliation, district court's grant of defendants' motion for judgment as a matter of law is affirmed where, for substantially the same reasons as the court indicated below, the record reveals no significant evidentiary basis for the verdict.

[06/25] Pickett v. Sheridan Health Care Ctr.
In plaintiff's Title VII suit against her former employer for being fired in retaliation for her complaints about sexual harassment by residents of defendant's nursing home, district court's denial of defendant's motions for a new trial and remittitur are affirmed where: 1) plaintiff presented enough evidence to persuade a reasonable jury that her complaints caused defendant to fire her; 2) it was not an abuse of discretion to deny the motion for a new trial on the basis of plaintiff's counsel's closing arguments; 3) it was not an abuse of discretion in denying remittitur on the compensatory damages as enough evidence supported a jury award of $25,000, which is well within the $200,000 cap set out in 42 U.S.C. section 1981a(b)(3)(C); and 4) it was not an abuse of discretion in denying remittitur on the punitive damage award and the logic of Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008) does not apply to this Title VII case.

[06/25] Ruiz v. Cty. of Rockland
In an action against a county for national origin and race discrimination under Title VII and the Equal Protection Clause, summary judgment for defendant is affirmed where: 1) the district court erred in finding that plaintiff was not qualified for his position based on evidence of plaintiff's misconduct; but 2) plaintiff failed to raise an inference of discrimination.

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Frequently Asked Questions

How may an employer monitor employees in the workplace?

When is harassment illegal?

May an employer or supervisor play favorites among employees?

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