The Defend Trade Secrets Act’s Seizure Provisions and What They Mean for Employers

Posted on May 24th, by Editor in Crisis Management. Comments Off on The Defend Trade Secrets Act’s Seizure Provisions and What They Mean for Employers

By Valerie Dutton Kahn

It’s an employer’s worst nightmare: you discover that a former employee has stolen a company trade secret. You know you must act immediately to keep this extremely important and sensitive information from being disseminated or risk losing important intellectual property protection. However, protecting a misappropriated trade secret is very difficult, particularly in situations where the suspected misappropriator is unlikely to follow a court order.  Thankfully, the recently passed Defend Trade Secrets Act (“DTSA”) includes helpful seizure provisions an employer may use to recover and prevent dissemination of trade secrets from suspected misappropriators.

What Is The Defend Trade Secrets Act?

President Obama signed the DTSA into law on May 11, 2016.  This new law is effective immediately and provides a nation-wide civil cause of action for misappropriation of trade secrets. Although companies may still pursue trade secret litigation under state … Read More »


DOL Exemption Rules to Take Effect December 1, 2016

Posted on May 18th, by Editor in Wage/Hour Class Actions. Comments Off on DOL Exemption Rules to Take Effect December 1, 2016

By Stephanie Dodge Gournis, Dennis M. Mulgrew, Jr. and Shavaun Adams Taylor

Making good on a 2014 directive from President Obama “to modernize and streamline” existing overtime regulations, the Department of Labor (DOL) today published its highly anticipated Final Rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. As expected, the Final Rule (which becomes effective December 1, 2016 ) more than doubles the current $455 weekly minimum salary required for employees to qualify for “white collar” exemptions to the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). The DOL expects its new Final Rule to extend minimum wage and overtime protections to more than 4.2 million Americans and increase employee wages by $12 billion over the next 10 years.

Key Changes under the DOL’s Final Rule

The FLSA requires that … Read More »


A Notable Week Indeed – From OSHA to Trade Secrets to ADA Accommodations and Transgender Rights!

Posted on May 13th, by Editor in Audits/Due Diligence, Counseling & Compliance Training, Crisis Management, Fair Pay Act Obligations. Comments Off on A Notable Week Indeed – From OSHA to Trade Secrets to ADA Accommodations and Transgender Rights!

By Kelly Petrocelli

It’s been a busy and, let’s say notable, week in the area of employment law. Here’s a quick recap, with more to come in future posts, of what you may have missed if you were focused elsewhere this week.

First, OSHA published a new injury Rule this week. While it does not take effect until January 1, 2017, employers should not wait until then to begin thinking about what changes may be necessary to ensure full compliance in the new year. The rule changes create a new cause of action for employees if they suffer retaliation for reporting a workplace injury, and employers are expected to ensure that policies addressing safety do not discourage employees from reporting such injuries. Large employers will also have some additional reporting requirements to OSHA. And, significantly, and in line with the current administration’s … Read More »


New York City Earned Sick Time Act Amended Effective March 4, 2016

Posted on May 3rd, by Editor in Counseling & Compliance Training, Fair Pay Act Obligations. Comments Off on New York City Earned Sick Time Act Amended Effective March 4, 2016

By Jessica Burt

The New York City Earned Sick Time Act, originally enacted in June 2013, has been amended effective March 4, 2016.  The Earned Sick Time Act generally requires employers with five or more employees in New York City to provide eligible employees up to 40 hours of paid sick leave each year for themselves or eligible family members.  The new rules clarify parts of the Earned Sick Time Act, establish requirements to carry it out and meet its goals, and provide guidance to covered employers and protected employees.

Written Sick Time Policies

Employers may no longer distribute the Notice of Employee Rights promulgated by the Department of Consumer Affairs in lieu of distributing or posting their own written sick time policies.  But it is important to note that distribution of the Notice of Employee Rights is still required.

The Amended Act further … Read More »




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