Week In Review (August 17, 2007)
Most Popular Federal Law Article
Fourth Circuit Reaffirms Prohibition on Private Releases of FMLA Claims (pdf).
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
Located On: Nexsen Pruet
Most Popular State Law Article
Colorado Court Clarifies When Covenants Not to Compete and Solicit Customers and Employees May Be Enforced Against Executives, Managers and Their Professional Staff.
Like many states, Colorado will not enforce a covenant not to compete unless it fits within a specific exception to the general rule of unenforceability. Unlike most states, however, Colorado permits agreements not to compete with executives, management level employees, or “professional staff to executive and management level personnel” even if the employer is unable to show that the employee possesses trade secrets. Colo. Rev. Stat. § 8-2-113(2)(d).
Located On: Littler Mendelson, P.C.
Most Popular Headlines
Smelly, Angry Workers?
Human Resource Executive - August 14, 2007
