Employment / Labor Law

Office Holiday Parties: Avoid Expensive Regrets

Harvey Weinstein, Kevin Spacey, Michael Oreskes, Brett Ratner, Louis C.K., Charlie Rose, and Matt Lauer are names we have become too familiar with over the past few months. Employers should keep in mind that social norms that are generally recognized in the workplace sometimes are forgotten when there is a party, especially a party with

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“Doing Business And Investing In Australia” Guide Now Available

Russell Kennedy Lawyers, the Ally Law member firm located in Melbourne and Canberra, Australia, has published its Doing Business and Investing in Australia Guide providing a general overview of the key legal issues of which foreign organizations should be aware when seeking to do business in or invest in Australia. Topics covered include an overview on

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New Protocols for U.S. “Green Card” Applicants

The United States Citizenship and Immigration Services (USCIS) is the Department of Homeland Security component overseeing lawful immigration to the U.S. See USCIS website.The USCIS took over many administrative functions formerly carried out by the former U.S. Immigration and Naturalization Service. USCIS requires in-person interviews for employment-based immigrant applicants and in September the USCIS Ombudsman outlined expanded

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Will The Court Enforce Your Non-Compete Agreement?

Restrictive employment agreements such as non-compete and non-solicitation agreements are generally disfavored in the United States. Recent developments in several states demonstrate that you, as an employer, must ensure that such agreements are reasonable in scope and supported by consideration in order to be enforceable. In Florida, non-compete and non-solicitation agreements are prohibited unless they

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Considerations When Acquiring A U.S. Business

Even when care is taken to structure a business acquisition, including attempts to limit or avoid the potential liabilities of the acquired company, the transaction can result in the purchaser succeeding to unexpected employment claims. A purchaser of the assets of an existing company can be held liable for the acquired company’s violations of the

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New Rules Restrict Independent Contractor Agreements

Late last year, New York City enacted the “Freelance Isn’t Free Act” establishing and enhancing protections for independent contractors. This is the first such law in the United States. Effective summer 2017, the law gives freelance workers – independent contractors – the right to a written contract, the right to be paid timely and in full,

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U.S. Appellate Court Bars Discrimination Based On Sexual Orientation

This spring the influential Seventh Circuit Court of Appeals (having jurisdiction over Illinois, Indiana, and Wisconsin) split with other U.S. appellate courts, possibly setting the stage for the U.S. Supreme Court to resolve the issue of workplace discrimination based on sexual orientation. In Hively v. Ivy Tech Community College, the Seventh Circuit held that Title

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Changing Course: U.S. Withdraws Guidance On Independent Contractor And Joint Employers

Global Matters wrote about the expanded definition of “employee” versus “independent contractor” released by the Obama administration Department of Labor (DOL) in July 2015: Independent Contractor Or Employee: The U.S. Government Takes a Broad View Of The Definition of “Employee”. We noted that the 2015 guidance offered a “broad” interpretation of the term “employee” under

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