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Showing 38 posts in Employee Contracts.

FTC Moves to Ban Non-Competes

By Kevin L. Chlarson on January 13, 2023
Posted In Employee Contracts, Employment Law, Federal Trade Commission, Non-Compete Agreement

On January 5th, 2023, the Federal Trade Commission released a proposal for a new rule that would ban almost all forms of non-compete agreements—and employers should be warned. The rule, as proposed, would cause major administrative headaches for employers—as well as eliminating a key tool for protecting trade secrets, client bases, and more. More >

Tags: contract terms, employment agreement, Employment Contract, employment law, employment law for employers, independent contractor, Independent Contractors, Non-compete agreements

HIPAA Considerations In The Event Of Employee Death or Incapacitation

December 5, 2014
Posted In Department of Health and Human Services, Employee Benefits, Employee Contracts, Employee Forms, Employee Handbook, Employee Personnel Files, Employer Group Health Plans, Employer Mandate, HIPAA, Human Resource Department

The Health Insurance Portability and Accountability Act of 1996, otherwise known as HIPAA, acts in part to provide federal protection for identifiable health information retained by covered entities, which includes most businesses that offer company health plans. While many employers have policies and procedures in place to ensure HIPAA compliance in routine, every day matters relating to the management of employee health data, few employers have developed policies or even considered how to manage protected health information in the unfortunate event of employee death or incapacitation. More >

Kentucky Supreme Court Decision Drastically Impacts All Non-Compete Agreements

By Cynthia L. Effinger on November 20, 2014
Posted In Creech v. Brown, Employee Benefits, Employee Contracts, Employee Handbook, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department, Non-Compete Agreement

Earlier this year, the Kentucky Supreme Court reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and held, in a landmark decision, that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-compete agreement. This reverses prior precedent that employer-employee agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this article focuses on the consideration requirement only, as the Kentucky Supreme Court chose not to address any other issues. More >

Getting “Sandwiched” Into a Non-Compete Agreement

November 6, 2014
Posted In Employee Contracts, Employee Forms, Employee Handbook, Employee Training, Employment Law, Hiring and Firing, Human Resource Department, Job Description, Job Requirement, Non-Compete Agreement

The Huffington Post recently reported that Jimmy John’s, the national sandwich chain, requires its workers to sign strict non-compete agreements. The agreement was disclosed as part of a lawsuit by employees, and many in the employment industry are wondering if such an agreement is really necessary for the company’s minimum wage workers. These agreements are usually saved for high-level executives or those subject to proprietary information – not the guy behind the counter making a sub. More >

Tags: employment agreement, employment law, Jimmy John, Non-compete agreements

Are Your Workplace Policies Too Upbeat for the NLRB?

August 4, 2014
Posted In Employee Contracts, Employee Handbook, Employee Training, Employment Law, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB)

Many employers know that keeping an upbeat and positive workforce is crucial to any successful business; however, recent NLRB rulings penalize certain policies that encourage such an environment, including policies that encourage or promote workplace civility. More >

An Important New Decision Affects Non-Compete Agreements in Kentucky

June 20, 2014
Posted In Creech v. Brown, Employee Benefits, Employee Contracts, Employment Law, Hiring and Firing, Litigation, Non-Compete Agreement

The Kentucky Supreme Court recently reversed the Kentucky Court of Appeals’ holding in Creech, Inc. v. Brown, and declared that continued employment, standing alone, is no longer sufficient consideration to justify or support enforcement of a non-competition agreement. In the course of reaching its decision, the Court clarified prior case law dealing with the issue of whether non-competition agreements may be executed in exchange for merely retaining one’s job. While the case has an intricate and complex set of facts, this post focuses on the consideration requirement only. More >

The Christmas Conundrum, continued

December 4, 2013
Posted In Compensatory time off, Davis-Bacon and Related Acts, Employee Benefits, Employee Contracts, Employment Law, Government employees, McNamara O’Hara Service Contract Act, Paid Time Off ("PTO"), Title VII of the 1964 Civil Rights Act

On Monday we discussed the basic framework for providing employees with days off during recognized religious holidays.  A related issue commonly presented during the holiday season is whether employees must be paid for their time off. More >

Complete Your Non-Compete: Helpful Drafting Tips, cont.

July 31, 2013
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Human Resource Department, Non-Compete Agreement

Earlier this week, I discussed the importance of tailoring non-compete agreements to ensure enforceability and provided some factors to consider when drafting. Below are four more factors that should help you create a strong non-compete agreement. More >

Complete Your Non-Compete: Helpful Drafting Tips

July 29, 2013
Posted In Employee Contracts, Employment Law, Litigation, Non-Compete Agreement

Perhaps you consider your non-compete agreement just one form in a stack of many? When it is time to use it there is not much to the process: you retrieve it from the HR office, briefly discuss it with the employee, and he willingly signs it. But such a practice is a perilous one because non-compete agreements are not meant to be “one-size-fits-all.” Rather, they should be thoughtfully tweaked to each specific employee and situation. By relying on boilerplate language and fill-in-the-blank forms, you are risking the chance that a court will find your agreement unenforceable. More >

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