New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
False Claims Act Insights - Beyond Adversarialism: How to Steer FCA Investigations
Hospice Insights Podcast - Hospice Audit Updates: Hospices Fare Well in Federal Court
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Daily Compliance News: August 1, 2025, The All AI Edition
The Journey of Litigation
Quick Guide to Administrative Hearings
Wire Fraud Litigants Beware: Fourth Circuit Ruling Protects the Banks — The Consumer Finance Podcast
Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast
How confidential is a request to access or challenge information in INTERPOL’s files?
Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast
The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America
Solicitors General Insights: The Legal Frontlines in Iowa and Indiana — Regulatory Oversight Podcast
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
Navigating PTAB’s New Approach to IPR and PGR Discretionary Denial - Patents: Post-Grant Podcast
Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
Update on the State of Non-compete Restrictions (LaborSpeak)
In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more
Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more
The Massachusetts legislature passed the Massachusetts Noncompetition Agreement Act (MNAA) in 2018, culminating a longstanding effort to balance employers’ rights to protect legitimate business interests—such as trade...more
In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and...more
Question: Last year we heard that the Federal Trade Commission was going to ban covenants not to compete. It was a big deal at the time. Nothing has been said about this in months. Is this still going to happen? If so, when? ...more
On June 18, 2025, the Federal Labour Court (BAG) ruled on the appeal of a works council member (case reference: 7 AZR 50/24). The plaintiff was employed based on a fixed-term employment contract. This contract was concluded...more
Cross Country Healthcare, Inc., a healthcare staffing company, believed that it had a “squeaky clean” Arbitration Agreement with its employees. ...more
The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees. The plaintiffs in...more
On June 13, 2025, a California Court of Appeal struck down an arbitration agreement because of unconscionable terms entered by the parties in a separate employment agreement, governing different dispute resolution fora and...more
There were three new 3rd Dept. cases of note from yesterday (two workers’ compensation cases and another relevant case): Hurley v. Lawrence School District. This case would seem to be self-evident. The claimant, a special...more
In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (SJC) clarified that the Massachusetts Noncompetition Agreement Act (MNAA or the Act) does not apply to a forfeiture clause triggered by a breach...more
Another day, another chapter in the evolving world of New York Workers’ Compensation for Professional Employer Organizations (PEOs). As discussed in prior updates, this decision follows the foundational Third Department...more
In a rare but significant “win” for employers, the Ontario Court of Appeal confirmed that an employer can enforce a termination provision limiting an employee’s entitlements strictly to the minimum standards under the...more
In Lawson v. Spirit AeroSystems, Inc., the U.S. Court of Appeals for the Tenth Circuit upheld the forfeiture of certain stock awards for violating a covenant not to compete. Like the Seventh Circuit in LKQ Corp. v....more
In its ruling dated March 19, 2025, the German Federal Labor Court (BAG)—in contrast to the two previous instances and contrary to its previous case law—deemed an expiry clause in general terms and conditions to be...more
Last month, the Second Circuit rejected the effort of an association of anesthesiology service providers to enjoin a Syracuse-based hospital from recruiting and hiring local anesthesiology providers. The association, American...more
The US Court of Appeals for the Tenth Circuit affirmed a district court’s grant of summary judgment in favor of the defendants for the plaintiff’s failure to identify the trade secrets at issue with sufficient particularity....more
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more
The D.C. Circuit’s April 22, 2025 decision offers an important lesson on joint-employer cases under the National Labor Relations Act (“NLRA” or “Act”): without an ongoing contractual relationship, the dispute can vanish in a...more
The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more
The Delaware Supreme Court’s decision in Sunder Energy, LLV v. Jackson, No. 455, 2023, 2024 Del. LEXIS 407 (December 10, 2024) reaffirmed the courts’ limited willingness to modify or “blue-pencil” overbroad restrictive...more
The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more
The United States Court of Appeals for the Fifth Circuit, applying Louisiana law, has held that a breach of contract exclusion barred coverage for a judgment awarded to two employees who were not paid severance as required...more
On March 15, 2025, the Fifth Circuit granted the FTC’s motion for a 120-day stay of the agency’s appeal of the district court decision to block its proposed ban on non-competes. The Eleventh Circuit followed suit on March 20,...more
Aperçu - Il est de plus en plus difficile pour les employeurs de déterminer si les dispositions relatives au licenciement incluses dans leurs contrats d’emploi seraient jugées exécutoires advenant leur contestation devant...more