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Showing 247 posts in Employment Law.

Who Breached First? Protecting the enforceability of an employer’s no-compete agreement in Kentucky.

November 11, 2011
Posted In Employee Contracts, Employment Law, Non-Compete Agreement

Many employers are aware of the substantial benefits a no-compete agreement can provide. No-compete agreements (also referred to as covenants not to compete) offer effective protection for an employer’s legitimate business interests, including but not limited to preventing former employees from taking away clients or customers[i] and protecting against the use and dissemination of an employer’s confidential and/or proprietary information.[ii] Indeed, even Kentucky courts acknowledge that no-compete agreements serve as a “valuable business tool” for employers. [iii] More >

New Requirements for Posting a Notice Advising Employees of their Rights under the National Labor Relations Act Rights Take Effect on January 31, 2012

October 28, 2011
Posted In Employment Law

For the first time, employers subject to the National Labor Relations Act (“NLRA”) will be required to post notice-advising employees of their rights under the NLRA. Most public sector employers, including non-profits, are subject to the NLRA, not just those with union workforces. Small businesses may be exempt if they have only slight effect on interstate commerce, but this exception does not apply to as many employers as one might think, and small business owners should not assume that they are exempt.  More >

So you have a social media policy. Have you thought about these issues?

October 21, 2011
Posted In Employment Law, Social Media

Most employers today know about the dangers – and benefits – of social media, and have policies in place to deal with employee use of social media like Facebook and Twitter.  But have you thought about these related issues? More >

Social Media 101: Regulate

August 26, 2011
Posted In Employment Law, Social Media

            Social media is everywhere and is here to stay.  This summer we have seen the good side of social media through the wonderful on-the-spot news updates during the revolutions and uprisings in the Arab world, most recently in Libya and Syria.  We have also been witness to the dark side, as demonstrated by the downfall of New York Representative Anthony Weiner and his unfortunate distribution of inappropriate personal pictures through Twitter.  The ubiquity of social media has caused a headache for employers, however.  Just how much can and should an employer regulate the social media use of its employees? More >

Around the Virtual Water Cooler: Assessing, Implementing and Enforcing Company Social Media Policies in Light of Recent National Labor Relations Board Trends

August 5, 2011
Posted In Employment Law, Social Media

It is old news that working-aged people are increasingly utilizing social media, both in and out of the workplace.  In fact, a recent Pew Research Institute study found that 60-69% of Generation Xers (34-45) and approximately one-half of Baby Boomers (46-64) now engage in social networking. Late last year, by several accounts, Facebook even surpassed Google to become the most popular Internet site.[1]  More >

The Ties That Bind: Is Your Arbitration Agreement Enforceable and Binding

By Preston C. Worley on August 5, 2011
Posted In Employment Law

Arbitration agreements are effective mechanisms to resolve employment disputes more efficiently and affordably than traditional litigation.  They are becoming standard practice in most at-will employment situations, and for good reason.  They provide a simple and informal way to resolve employment disputes, as they are relatively inexpensive, more expedient, and reduce legal costs by avoiding the expense of litigation.  Most employers have either already implemented an arbitration agreement program for their employees or have considered it.  But are they enforceable?  More >

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