On February 5, 2015, Anthem Blue Cross Blue Shield (“Anthem”) announced that it was the target of a cyber attack that resulted in unauthorized access to Anthem’s IT system. As a result, certain personal information of Anthem’s current and former members may have been compromised. Information that may have been subject to compromise includes member
Consider The Enforceability of Restrictive Covenant Provisions By Third Party Purchasers When Drafting Agreements
Buyer beware as the asset protection afforded by non-disclosure and non-solicitation agreements signed by prospective purchasers may not survive the sale. This issue was addressed in a recent federal decision in Illinois offering some cautionary reminders for business buyers. In this case, Keywell LLC (“Keywell”) sought to sell its assets. Croniment Holdings, Inc. (“Croniment”)
NLRB Requires Employers to Allow Use of Work E-Mail for Union Purposes
Reversing existing Board precedent, the National Labor Relations Board (“Board” or “NLRB”) recently ruled that employers that allow employees access to work e-mail systems must presumptively allow their employees to use those e-mail systems for union activity during non-work time. This reversal of long-standing precedent has potentially far-reaching consequences and, at minimum, will require both
Ring in the New Year – New Illinois Pregnancy Fairness Law Goes Into Effect January 1st
What is the Illinois Pregnancy Fairness Law?
Effective January 1, 2015, the Illinois Pregnancy Fairness Law provides workplace protections to all expectant mothers, regardless of an employer’s size. The Illinois Pregnancy Fairness Law amends the Illinois Human Rights Act, adding “pregnancy” as a protected class under state law. “Pregnancy” is defined broadly to mean “pregnancy
Franchisors and Franchisees as Joint Employers – NLRB’s Next Steps in McDonald’s Claims
Today the Office of the General Counsel of the National Labor Relations Board (“NLRB”) took its next step in the investigation of labor practices within the McDonald’s franchise system and issued consolidated complaints against McDonald’s franchisees and the franchisor – McDonald’s USA, LLC on the theory that the franchisor is a joint employer with its
Companies Should Take Heed of Recent Cases Finding Workers Improperly Classified as Independent Contractors
In the last few months, several court decisions have found large classes of workers to be improperly classified as independent contractors rather than employees. These class action cases are filed in federal and state courts throughout the country seeking the payment of minimum wage, overtime, penalties, attorneys’ fees, employee benefits and expenses, among other damages.
Setting Forth the Damages the Employer is Entitled to if an Employee Breaches His/Her Non-Competition Agreement Will Help Deter Breaches and Save Money in Litigation
Business Tip: Include a liquidated damages clause in your restrictive covenant agreements that clearly sets forth how damages will be calculated in the event your employee breaches the non-competition agreement.
As a President, CEO or General Counsel of your company, you have recognized the need to have your key executives and employees enter into non-competition
Make Sure Your Non-Competition, Non-Disclosure and Non-Solicitation Agreements Have Extension Clauses
Business Tip: Include extension clauses in your restrictive covenant agreements to ensure that the time of the restrictions will not begin to run until the employee has stopped violating the restrictions.
In order to make sure that an employer gets the full benefit of the restrictive time period in its non-competition, non-disclosure or non-solicitation agreements
Missouri Supreme Court Holds Joint Employers Liable for Obligations Under the Missouri Minimum Wage Law
In our previous post, we addressed the National Labor Relations Board’s finding that franchisors can be considered joint employers of its franchisee’s employees. The issue of the joint employer relationship continues to be a hot button issue. Just last week, the Missouri Supreme Court announced a new rule of joint employer liability under the
NLRB Takes Step Towards Treating Franchisors and Franchisees as Joint Employers
In a decision that could have far-reaching legal implications for franchisors, on July 29, 2014, the General Counsel of the National Labor Relations Board (“NLRB”) ruled that McDonald’s was a joint employer of its franchisees’ employees. This decision stems from allegations that McDonald’s and its franchisees violated employees’ rights following protests pertaining to wages and