Topic: Labor

What’s New in Non-Compete News? Drafting Tips, Unfair Competition, China…

For your reference, a roundup of helpful commentary and analysis regarding non-compete agreements, new writing from lawyers and law firms on JD Supra: Six Factors to Consider When Drafting Non-Compete Agreements (Dinsmore & Shohl LLP): “Is the industry in which the employer is engaged, and in which the employee desires to continue working, highly competitive?… Read more »

California Supreme Court Rules Against Attorney Fee Awards in Meal and Rest Break Lawsuits

First Brinker, now Kirby? The California Supreme Court recently gave employers in the state what could amount to another break on meal and rest break disputes. In Kirby v. Immoos Fire Protection, the Court held that attorney’s fees may not be awarded under the California Labor Code to a party that prevails on a claim… Read more »

5 Ongoing Legal Issues for Nonprofit Boards

According to the National Center for Charitable Statistics, there are more than 1.5 million nonprofit and tax-exempt organizations operating in the United States, from charities to industry associations to religious institutions. But whatever their structure or purpose, such organizations need to understand – and respond to – key legal and regulatory issues that are unique… Read more »

Nonprofit Law: A Roundup of Recent Legal Commentary

For your reference, a roundup of legal advisories regarding the new IRS Form 990, unpaid internships, employment matters, fundraising, lobbying, and other issues and concerns particular to nonprofit organizations:  Recent Developments for Exempt Organizations, Including 2011 Year in Review (Ropes & Gray LLP) “Looking ahead, the IRS Exempt Organizations division recently released its annual work… Read more »

Employee Benefits Plans: DOL Issues Final Rule on ERISA Fee Disclosures

In early February, the Department of Labor issued its final rule regarding fee disclosures by service providers to Employee Retirement Income Security Act (ERISA) plans. For your reference, here is a roundup of legal advisories on the final rule and related regulatory developments:  DOL Finalizes ERISA Disclosure Requirements for Retirement Plan Service Providers (Sutherland Asbill… Read more »

Whistleblower Protection: First Circuit Rules on “Covered Employees”

In a recent ruling, the U.S. Court of Appeals for the First Circuit found that employees of private contractors and subcontractors working for public companies are not entitled to whistleblower protections. The Court found in Lawson v. FMR LLC that the whistleblower provisions of the Sarbanes-Oxley Act apply only to direct employees of public companies.… Read more »

International Labor: Legal Guide to Employing Workers Around the World

According to the Organisation for Economic Co-operation and Development (OECD), in 2010 US corporations invested more than $350 billion in foreign direct investment projects across the globe: buying factories, setting up businesses, establishing joint ventures. For companies considering their own international investment, here’s a roundup of updates on labor laws in some common destinations of… Read more »

Employment Law Roundup: NLRB Union Election Rules, Social Media, Exempt Employees, and More…

For your reference, a roundup of recent updates and news from Employment lawyers and law firms on JD Supra: On NLRB Changes to Union Election Rules… NLRB Votes in Favor of Major Changes to NLRA Election Procedures and House Passes “Workforce Democracy” Bill (Morgan Lewis)  “By a 2–1 vote, the National Labor Relations Board (NLRB… Read more »

Employee Benefits Plans: DOL Revises 401(k), ERISA Rules

em While you were working, the Department of Labor changed the rules governing disclosure of fees and providing investment advice to participants in ERISA, 401(k), and other retirement plans. For your reference, here’s a roundup of commentary and analysis on the DOL’s revised regulations, from lawyers and law firms on JD Supra: On Investment Advice… Read more »

China Business Law: Recent Updates & Commentary

For your reference, a roundup of recent China-related business updates and legal commentary, including analysis of the Ministry of Commerce’s security review system for foreign M&A of domestic companies and other foreign direct investment into China developments: On Foreign Direct Investment into China… China Implements a Security Review System for Certain Mergers and Acquisitions of… Read more »

The Definition of Fiduciary: Back to the DOL Drawing Board

“Democrat and Republican lawmakers don’t agree on much, but many of them have protested to the [Department of Labor] about this fiduciary definition change because Wall Street money does go a long way.” (From The Changing Definition of Plan Fiduciary and Why Plan Sponsors Should Care by The Rosenbaum Law Firm P.C.)  Under intense pressure… Read more »

Corporate Law Updates: Top News Feeds for the Month

For your interest, here’s a look at the five most-visited corporate law feeds on JD Supra over the past thirty days: 1. Labor & Employment Law  Updates on…  employee misclassification and the IRS settlement program, the NLRB poster rule, social media in the workplace, I-9 audits and the E-Verify program, and more from Akerman Senterfitt;… Read more »