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Shareholder-director of family business was employer, not employee; FMLA, ADA, Title VII claims fail

April 18th, 2014

By Kathleen Kapusta, J.D.
Although an HR manager, vice president, and shareholder-director of a family-owned closely held corporation contended that her control of the company was illusory because she was often out-voted by her four brothers, they all enjoyed the same voting power and shared in the company’s profits, a federal magistrate judge in Indiana observed [Read more...]


Computer theft claim proceeds against former employee who left to work for competitor

April 18th, 2014

By Kathleen Kapusta, J.D.
Allegations that a former employee knowingly used his company laptop without permission to download documents containing proprietary and confidential information to an external hard were sufficient to advance an employer’s Georgia Computer Systems Protection Act counterclaim against him, a federal district court in Georgia ruled, denying the employee’s motion to dismiss in [Read more...]


Employee seeking reemployment after EEOC charge can’t sue defense counsel for telling her not to contact employer directly

April 18th, 2014

By Marjorie Johnson, J.D.
A discharged employee who filed an EEOC charge and then sought reemployment by responding to an online job posting, after which her attorney was notified by defense counsel that she should not communicate directly with the employer due to the ongoing legal dispute, was not permitted to amend her subsequent employment discrimination [Read more...]


Massachusetts governor moves to eliminate noncompete agreements

April 17th, 2014

By Pamela Wolf, J.D.
On Thursday, April 10, Massachusetts Governor Deval Patrick announced that he has filed legislation to eliminate noncompetition agreements and adopt the Uniform Trade Secrets Act with the aim of promoting innovation, job creation, and the growth of companies to scale. The legislation is part of the Governor’s economic development package, announced the [Read more...]


Metlife agrees to pay $1.9M to resolve wage claims on behalf of 431 financial services reps

April 17th, 2014

By Pamela Wolf, J.D.
Under a proposed settlement agreement submitted to the court on Friday, April 11, Metlife, Inc. would pay $1.97 million to resolve class allegations that it unlawfully failed to pay California financial services representatives (FSR) their commissions, debited their accounts for company operating expenses, and neglected to pay overtime, and/or reimburse them for [Read more...]