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No evidence that former employee disclosed confidential information; employer motion for restraining order denied

April 26th, 2011

An employer was not likely to succeed on the merits of his claim that a former employee breached a non-compete clause, ruled a federal district court, because the employer had no evidence that the former employee had disclosed, or was threatening to disclose, confidential information to her new employer (PolyOne Corp v Barnett, April 21, [Read more...]

OFCCP proposes VEVRAA regulatory revisions that would require numerical targets for veterans, additional data collection obligations

April 26th, 2011

The first major changes since 1976 to the regulations regarding federal contractors’ responsibilities with respect to affirmative action, recruitment, and placement of veterans will be proposed by the OFCCP in today’s Federal Register. In a Notice of Proposed Rulemaking to be published on Tuesday, April 26, the OFCCP proposes to revise its regulations implementing the [Read more...]

NLRB order requiring employer to restore prior CBA and bargain to valid impasse enforced

April 25th, 2011

The NLRB was granted enforcement of an order requiring that an employer restore a previous collective bargaining agreement and bargain until the parties reached a new agreement or reached a valid impasse (NLRB v Whitesell Corp, April 22, 2011, Shephard, B). Substantial evidence supported NLRB findings that the employer failed to negotiate to a valid [Read more...]

Report shows potential impact of health care reform on retiree medical programs options under the Affordable Care Act

April 25th, 2011

Most large employers are now beginning to rethink their retiree health care strategy as a result of federal health care reform, according to a recent report by Aon Hewitt, the global human resource consulting and outsourcing business of Aon Corporation.
In late 2010, Aon Hewitt surveyed 344 companies, representing 2.2 million retirees nationwide, and found that [Read more...]

Applebee’s bid fails to overturn district court’s deference to DOL field handbook interpretation of tip credit 20-percent rule

April 22nd, 2011

In a significant ruling for the restaurant industry, in which advocates for both services and restaurant employers weighed in, a district court properly granted deference to the DOL’s interpretation of the FLSA’s tip credit provision and its 20-percent work test as contained in the agency’s Field Operations Handbook, the Eighth Circuit ruled (Fast v Applebee’s [Read more...]