I just finished reviewing a contract, a combination non-compete, non-solicitation confidentiality, non-disclosure agreement for a client. This kind of agreement is typical in the software or technology industries. Like most of these contracts, this contract was vastly overwritten, almost obscenely so. While my advice to...
Since the explosion of accusations against people like Harvey Weinstein, Matt Lauer, and so many others, famous and not famous. Workplace sexual harassment and certainly sexual abuse are illegal and should be addressed with all of the legal and human resources tools available. But let's not...
Dress codes. It’s safe to say nobody likes them, but we cannot ignore them. In the past few years, office dress codes have received more spotlight in the news. Companies are being accused of discriminatory dress code policies. Some companies are choosing to modernize their...
On this blog, I try not to get too political. The practice of law is complicated enough without getting involved in the political arena beyond simply reporting what has become law and how it will impact clients. But I feel compelled to do get political...
One of the most difficult things for companies looking to have key employees, or any employees, sign a non-compete agreement is that most states have at-will employment. While at-will employment is highly beneficial in terms of labor market movement and the ability for employers to...
Back in November, a federal judge in Texas ordered a temporary, nationwide injunction against the implementation of the Department of Labor's white collar overtime rule. The government appealed that decision and that appeal has been ongoing. Well, we have a new President now (in case you...
All this month, I have been talking about anti-sexual harassment policies. I have provided information on the definition, what to include in a policy, how to conduct an investigation and other information on the topic. However, I have not talked much about why have a...
The subject of disciplinary action for an employee who engaged in sexually harassing behavior is not a clean cut a problem as many people would think. Sure, many employers would love to just fire someone. But the issue may not be as easy as that....
Imagine this scenario, you are a business owner. Business is good, you are making good money, providing a great service, you have grown in the past few years, you have a staff of 25 people and all seems to be good in the world. Then your...