Employment Issues

Educate Your Employees on Spear Phishing Attacks Now

The latest victim….the White House.  That tells you all you need to know about just how effective spear phishing is as a tactic to infiltrate a computer system.  If the attack is effective against that target then you better believe it could happen to your business.  It happens to businesses across the country on a […]

NLRB General Counsel Memo Discusses Lawful and Unlawful Employer Handbook Rules

This past week the General Counsel for the National Labor Relations Board published a memo titled “Report of the General Counsel Concerning Employer Rules.”  You can download the PDF by following that link. The report provides an update on the General Counsel’s view of lawful and unlawful employer handbook policies in the areas of confidentiality, […]

What Employers Should Know About the EEOC Mediation Process

Beginning in the 1990s, the EEOC implemented a mediation program as an alternative means for resolving employment discrimination complaints filed by employees against their employers or former employers.  You can read more about the mediation program’s history on the EEOC’s website.  This article offers some insights into the EEOC mediation process for employers, as well […]

Forfeiture Provision in Executive Bonus Compensation Incentive Program is Not a Covenant Not to Compete Under Texas Law

The Supreme Court of Texas issued its opinion in Exxon Mobil Corporation v. Drennen this past week considering whether New York choice-of-law provisions in a Texas based corporation’s executive bonus-compensation incentive programs are enforceable.  The Court’s decision ultimately turned on whether or not a forfeiture provision in those programs constituted a covenant not to compete […]

5 Things Your Company Should Consider When Deciding Whether to Enforce a Covenant Not To Compete

Should your company enforce a non-compete provision when an employee leaves to work for a competitor?  I can’t really answer that question beyond saying in typical attorney fashion that, “It depends.”  What I can do is discuss some of the factors your company should consider when making that decision and some of the questions it […]

Does Your Company Have a General Policy Against Hiring Murderers and Rapists? If So, You Better Watch Out…

Consider this a warning: If your company conducts criminal background checks on potential hires, you could be subject to a suit by the Equal Employment Opportunity Commission.  The EEOC filed two law suits this month against BMW and Dollar General.   The law suits assert that both companies violated Title VII of the Civil Rights Act […]

3 Reasons Why Employers Don’t Have a Social-Networking Policy and 3 Reasons Why You Should

I came across a post on the Delaware Employment Law Blog entitled 3 Reasons Why Employers Don’t Have a Social-Networking Policy.  Molly DiBianca elaborate on three reasons an employer might not: (1) ignorance; (2) committee approval delays; and (3) hopes that the social networking phenomenon will simply go away. I’m not one to argue with […]

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