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  • Article

    New York Court Limits Scope Of Damage Awards In Trade Secret Actions

    In E.J. Brooks Company v. Cambridge Security Seals, the Court of Appeals of New York narrowed the scope of permissible damage claims plaintiffs can assert in trade secret actions under New York law.
    United StatesIntellectual Property
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Russia Increases Remuneration Payments Owed To Employees For Exclusive Rights To Patentable Objects

    On November 16, 2020, the Russian government approved new rules increasing the rates of remuneration employers must pay employees for their inventions, utility models and industrial designs...
    RussiaEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    California Supreme Court Applies Rule Of Reason Test For "Business Only" Restrictive Covenants

    Ixchel argued that Edwards was controlling and therefore the rule of reason standard should not apply in the non-employment context.
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Less Than A Month After DOJ Brings Its First Wage-Fixing Indictment, DOJ Brings Its First "No-Poach" Indictment

    In the past month, the U.S. Department of Justice (DOJ) has made good on its 2016 threat, contained in its Antitrust Guidance for Human Resource Professionals ("Antitrust Guidance")...
    United StatesAntitrust/Competition Law
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Employers May Choose To Extend Paid FFCRA Leave Through March 31, 2021

    The Families First Coronavirus Relief Act ("FFCRA" or the "Act") paid leave mandates are set to expire on December 31, 2020.
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    What To Do When A Lower Court Disregards The Appellate Court's Mandate On Remand

    Imagine this: You litigate a case for years. Your opponent wins summary judgment. You appeal. The appellate court agrees that the summary judgment was erroneous and remands for trial.
    United StatesAntitrust/Competition Law
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    EEOC Launches "EEOC Explore," An Interactive Tool To Search EEO-1 Data By Sex, Race/Ethnicity, Location, And Industry Sector

    On December 2, 2020, the Equal Employment Opportunity Commission ("EEOC") announced a new interactive data search and mapping tool, named "EEOC Explore."
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    AI-Based Compensation Management And Bias: Can AI Close The Pay Gap?

    A critical component of a successful employer-employee relationship is the employer's fair and equitable treatment of employees, often embodied in the employer's employee engagement, retention...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    New York State's Paid Sick Leave Law Preempts Westchester County's Earned Sick Leave Law

    The Westchester County Human Rights Commission (the "Commission") has announced that the county's Earned Sick Leave Law, which went into effect on April 10, 2019, has been preempted by New York's...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Department Of Labor Soon To Increase Focus On Contractor Misclassifications

    Misclassifying a worker as an independent contractor, rather than an employee, is becoming a heated topic among authorities, and misclassification suits are drawing increased attention.
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Group Health Plans Cannot Categorically Exclude Coverage For Gender Dysphoria, Say Two More Federal Courts

    Employers and health plans should be aware that two recent federal decisions have recognized that the non-discrimination provision in the Affordable Care Act prohibits discrimination...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Non-Solicitation Agreements Are Void In California...Or Are They?

    There is certainly no question that an employee owes undivided loyalty to his or her employer while employed.
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Proposed Rules Loosen Restrictions On Hardship Withdrawals

    Based on proposed regulations released by the U.S. Department of Treasury on November 14, 2018, participants in 401(k) and 403(b) plans may find it easier to get hardship withdrawals as early as plan years ...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    The 2021 Consolidated Appropriations Act Extends Pandemic Unemployment Benefits

    On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 (CAA) which modifies or extends to March 14, 2021 many of the relief programs first created in...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    OSHA Kicks Off its New Campaign to Protect Whistleblowers

    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    California Court Of Appeal Rejects Dynamex's "ABC" Test For Independent Contractors For Claims That Do Not Arise Under A Wage Order

    In April 2018, we wrote about the California Supreme Court's decision in Dynamex Operations West, Inc. v. Superior Court
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    OSHA Proposes To Roll Back Requirements From Electronic Reporting Rule

    On July 30, 2018, the Occupational Safety and Health Administration ("OSHA") published a notice of proposed rulemaking aimed at rolling back electronic reporting requirements ...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Plan Sponsors And Participating Employers: Executive Order May Be A Gift

    This post summarizes the four actions identified in the EO that the Federal Government may take to promote retirement security.
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Michigan Passes COVID-19 Laws Including A Liability Shield For Employers And Enhanced Worker Protections

    October has brought a weekly flurry of changes to Michigan's COVID-19 legal landscape.
    United StatesCoronavirus (COVID-19)
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Rule 10: Don't Be Creepy™

    Did a global pandemic that sent humanity indoors, forcing many of us to work remotely (if at all) ...
    United StatesEmployment and HR
    Epstein Becker & Green
    Epstein Becker & Green

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