ASAP
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November 23, 2015

Pennsylvania Supreme Court Holds Uniform Written Obligations Act Does Not Allow Employer To Enforce Noncompete Unsupported By Consideration

Pennsylvania Supreme Court ruled that without valuable consideration, noncompetes are unenforceable.

ASAP
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November 20, 2015

Fifth Circuit Holds Refusal to Accept Employee's Rescission of Resignation Can Be Considered Retaliation

On November 17, 2015, the U.S. Court of Appeals for the Fifth Circuit held an employer’s rejection of an employee’s rescission of resignation can “sometimes constitute an adverse employment action” and may be considered retaliation under Title VII.

Insight
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November 20, 2015

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation.

ASAP
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November 19, 2015

Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule to the U.S. Supreme Court.

ASAP
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November 18, 2015

SEC Report Indicates Whistleblower Program Going Strong

The SEC’s whistleblower program is steadily growing in scope and impact, and the agency is taking more aggressive positions to obtain information from whistleblowers and protect informants from retaliation.

Insight
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November 17, 2015

The EEOC Issues Proposed Rule on GINA and Wellness Programs

The EEOC has issued a proposed rule to amend the regulations implementing Title II of GINA as they relate to employer wellness programs that are part of group health plans.

Insight
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November 17, 2015

California Supreme Court to Decide Whether Finding That UTSA Claim Was Filed in Bad Faith Can Revive a Previously Dismissed Malicious Prosecution Claim

California high court’s recent decision to review the Second District Court of Appeals’ ruling in trade secrets case sets the stage for a potential sea change in UTSA claims.

ASAP
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November 12, 2015

Missouri Appeals Court Holds Sexual Orientation Discrimination is not Prohibited by Missouri Human Rights Act

In a case of first impression at the appellate level, the Missouri Court of Appeals for the Western District of Missouri has held that the Missouri Human Rights Act does not prohibit discrimination based on sexual orientation.

Insight
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November 11, 2015

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0 Suggests Safe Harbor 2.0 is on the Horizon

A recent European Commission "Communication" provides some answers to questions raised by last month's ECJ decision invalidating the U.S.-EU Safe Harbor framework.

ASAP
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November 9, 2015

Supreme Court to Review Birth Control Mandates Under Affordable Care Act Once More

For the third time in four years, the U.S. Supreme Court will hear a challenge to a portion of the Affordable Care Act (ACA), President Obama’s signature health reform law passed in 2010.

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