A few months ago, we wrote an article about a bill in the Indiana General Assembly, Senate Bill 7, that would essentially ban noncompete agreements[1] between medical doctors and their employers. The General Assembly enacted the bill and Governor Holcomb signed it, but only after considerable revision. The ban was…
Until recently, almost all trade secret law was furnished by state law, not federal law. Absent federal diversity jurisdiction, lawsuits for misappropriation of trade secrets had to be brought in state court. Even though the vast majority of states (including Indiana) have adopted the Uniform Trade Secrets Act (“UTSA”),…
We previously discussed whether nonprofit organizations and for-profit businesses can use unpaid interns without violating the Fair Labor Standards Act (or FLSA). We also discussed allegations of violations of the FLSA related to unpaid interns in the fashion industry. Earlier this year, the Department of Labor revised its policy, known…
The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued a notice of proposed rulemaking that would require certain government contractors to submit an Equal Pay Report to the government as a supplement to the Employer Information Report (EEO-1) that is already required. If a final rule…
Consider these two relatively recent cases, one from Massachusetts and one from Indiana, both involving allegations of breach of contract through the use of social media: A vice president of a recruiting firm leaves her job and goes to work for another recruiting firm. She has a covenant not to…
[Note: The Department of Labor guidance relevant to this article, Fact Sheet #71, has been superseded. See the discussion of the revised policy here.] Two years ago we discussed whether nonprofit organizations and businesses can lawfully use unpaid interns. One of the key questions is whether the intern is actually…
[Note: The Department of Labor guidance, Fact Sheet #71, discussed in this article has been superseded as it applies to the use of unpaid interns by businesses. See the discussion of the revised policy here. The guidance as it applies to the use of unpaid interns by nonprofit organizations…
[Note: The Department of Labor guidance discussed in this article, Fact Sheet #71, has been superseded. See the discussion of the revised policy here.] With summer vacation approaching, and with the job market being what it is, small business owners may be approached by college or high school students…
Most employers know (or should know) to be very careful about taking adverse action against an employee who has filed a claim of employment discrimination. The need for vigilance is even more important following last week’s decision of the United States Supreme Court , holding that Title VII of the…