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State Employment Law Articles
Report Link New York Governor Signs Broadcast Employees Freedom to Work Act.Nexsen Pruet - September 10, 2008 On August 6, 2008, Governor Paterson signed the Broadcast Employees Freedom to Work Act into law, effective immediately, which bans broadcasting industry employers from conditioning employment of non-management broadcast employees on the signing of post-employment non-compete agreements. Any broadcasting industry employer who violates this law may be civilly liable to the broadcast employee for damages, attorneys’ fees, and costs. Report Link New York Law Journal: New York Statute Bars Media Industry Noncompetes.Baker Hostetler LLP - August 22, 2008 New York partner John Siegal authored an article which was published in the August 21 edition of the New York Law Journal titled, "New York Statute Bars Media Industry Noncompetes." Report Link New York Enacts Statute Prohibiting Noncompetes in the Media Industries.Baker Hostetler LLP - August 12, 2008 For the first time, New York now has a statute governing the use of noncompete provisions, but it applies only to “broadcasting industry employers.” Signed by Governor David A. Paterson on August 6, 2008, the “Broadcast Employees Freedom To Work Act” prohibits a broadly defined group of media employers from requiring or seeking to enforce post-employment noncompetes affecting all but “management employees.” This new law removes employment relations in an entire cluster of industries central to New York's economy from the State's elaborate and long-standing common law governing post-employment restrictive covenants. It will likely also give birth to an entirely new set of issues to be litigated and it will fundamentally alter the negotiation of talent contracts in New York-based media industries. Report Link NY's Highest Ct. Applies Federal "Constructive Discharge" Test to State's "Employee Choice" Doctrine (pdf).Vedder Price - April 13, 2007 New York has made it more difficult for employees looking to break their non-compete agreements. Report Link A "Constructive" Decision: The Employee Choice Doctrine Is Alive and Well in New York.Littler Mendelson, P.C. - February 09, 2007 Employers frequently condition the payment of post-employment compensation on an employee's compliance with a restrictive covenant, such as a noncompete agreement. Report Link New York Employers Cannot Rely on "Inevitable Disclosure" Doctrine To Protect Confidential Information.Kauff, McClain & McGuire LLP - January 10, 2003 A New York appellate court recently ruled that an employer could not rely on the doctrine of "inevitable disclosure" in support of its application for a preliminary injunction barring a former employee from working for a competitor. Report Link Voluntary Quit or Involuntary Discharge? Second Circuit Rules That Jury Must Decide, and Validity of Non-Compete Hangs in the Balance.Kauff, McClain & McGuire LLP - November 15, 2002 In Lucente v. International Business Machines Corp., 2002 WL 31478458 (2d Cir., November 4, 2002), the Second Circuit ruled that the lower court had improperly decided the "bedrock question" of whether the executive had quit or been fired, and that the issue should instead be decided by a jury at trial. Report Link The Scope of Enforceable Restrictive Covenants in the High Tech Age.Lowenstein Sandler PC - July 01, 2000 Discusses EarthWeb, Inc. v. Mark Schlack, (S.D.N.Y.) in which the court denied grant of preliminary injunction on grounds that employer could not establish any violation of restriction. Court also held that one year durational limit was too long.
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Employment Law Seminars
Successfully Navigating the Bermuda Triangle of Time Away from Work
Atlanta
2008-10-8 Jackson Lewis LLPFast Forward: Staying Ahead of Emerging Employment IssuesMinnetonka
October 8, 2008 Ford & HarrisonGuidance on the Newly FMLA RegulationsMarion
October 8, 2008 Baker DonelsonElections 2008: Challenges & Opportunities for EmployersBIRMINGHAM
October 9, 2008 ConstangyEmployee Free Choice Act: More Than Just a Misleading Name.Birmingham
October 10, 2008 Littler43rd Annual Midwest Labor and Employment Law Seminar on October 12-13, 2008Easton
October 12, 2008 Baker HostetlerReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
October 14, 2008 Ballard RosenbergThe 2008 Nevada Employer: RenoReno
October 14, 2008 LittlerSouth Carolina's Immigration Law, I-9 & E-Verify Breakfast BriefingSpartanburg
October 14, 2008 Ford & HarrisonEmployment Law WorkshopLa Jolla
October 14, 2008 Fisher & Phillips |
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