Insights
Insights
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- On Tuesday, the Supreme Court heard oral argument in Universal Health Services, Inc. v. U.S. ex rel. Escobar.
- David Edelstein, an associate in the Vorys Cincinnati office and member of the environmental group, authored an article for Environmental Law360 titled "From Gov't To Firm, Happily: Changing Careers Midstream."
- The Mississippi Supreme Court had recognized only two limited exceptions to the at-will doctrine: employees cannot be discharged for refusing to participate in illegal acts or for reporting an employer’s illegal acts. It recently recognized a third exception for employees storing firearms in their vehicles on an employer’s property.
- Are you reading this sitting down? If so, you may have to give that seat to one of your employees.
- Many companies tell authorized retailers or distributors that they will exclusively sell their products through them. Such a company might also have a written policy against product diversion and unauthorized online sales. This looks good for purposes of marketing and trying to convince prospective retailers and distributors to distribute their products.
- Angela Gibson, a partner in the Vorys Cincinnati office, and Mike Griffaton, of counsel in the Vorys Columbus office, co-authored an article for the Cincinnati Business Courier titled “Prepare Now for Change in Pay Laws.”
- Retailers that have seen declining profits in traditional brick and mortar stores have turned to the internet to drive consumer sales. However, the e-commerce boom is not without its challenges. This in-depth article outlines the laws governing online marketing and advertising.
- One of the more prominent consumer complaint websites out there is ComplaintsBoard.com.
- The North Carolina Supreme Court recently confirmed that courts in that state are prohibited from rewriting an overbroad noncompete agreement to make is reasonable and enforceable – even when the parties’ agreement specifically allows the court to do so.
- Jackie Ford, a partner in the firm’s Houston office and a member of the labor and employment group, authored an article for the April 2016 edition of Texas Lawyer titled “Prepare for Significant Changes in Employment Law.”
- On April 4, 2016, Governor Andrew Cuomo signed legislation that will gradually increase New York’s minimum wage to $15 per hour and will implement the nation’s most extensive paid family leave program.
- Today, Governor Jerry Brown signed legislation that will increase California’s minimum wage to $15 per hour by 2022. For the next six years, the state-wide minimum wage will gradually increase.
- Since 2005, California employers with 50 or more employees have been required to provide at least two hours of interactive sexual harassment training to all supervisory employees once every two years. In 2015, California added “abusive conduct” (or bullying) to that mandatory harassment training. And now, beginning April 1, 2016, California employers will need to update their anti-discrimination and harassment training and policies to meet extensive new requirements imposed by California’s Fair Employment and Housing Council (FEHC).
- If a company suspects that an online seller is engaged in the unauthorized re-selling of its products online, it is up to that company to take action and attempt to enforce its policies and procedures — to the extent that it has any.
- The Second Circuit Court of Appeals (with jurisdiction over New York, Connecticut, and Vermont) recently held that a director of Human Resources may be an “employer” and thus can be held individually liable for violating the Family and Medical Leave Act (FMLA). Under the FMLA, an individual may be held liable only if he or she is deemed to be an “employer,” meaning “any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer.”
- Connecticut has long used the “ABC Test” for determining whether an individual is an employee or independent contractor for purposes of the state’s unemployment compensation law. Recently, in Standard Oil v. Administrator, Unemployment Compensation, the Connecticut Supreme Court expanded the test for determining who qualifies as an independent contractor.
- The U.S. Department of Labor (DOL) issued its new persuader rule yesterday. The final rule is largely unchanged from the proposed rule that was originally published in 2011. As expected, the DOL’s new interpretation departs from decades of precedent to expand the definition of “persuader” activities while limiting the definition of “advice” activities.
- On March 8, 2016, a New York Bankruptcy Court issued a bench decision in the Sabine Oil & Gas Corporation Chapter 11 case. The Court’s decision concerning a producer’s request to reject certain portions of its midstream agreements has sent shockwaves through the oil and gas industry.
- Employers are vulnerable to being the targets of negative online and social media postings, and sometimes these statements can give rise to defamation claims. However, an employer considering suing a current or former employee for internet defamation must be careful if the (ex-)employee recently engaged in protected activity.
- On March 4, 2016, the Ohio Seventh District Court of Appeals in Summitcrest, Inc. v. Eric Petroleum Corp., et al., addressed several issues concerning oil and gas leases in Ohio.
April
David M. Edelstein
Michael C. Griffaton
Daren S. Garcia
Jackie FordMarch
Insights
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