Many companies require their employees to sign confidentiality agreements that prohibit the employees from disclosing non-public information about the company to outsiders. In general, these confidentiality agreements aim to protect a company’s proprietary information that gives it an advantage over its competitors; things like trade secrets, inventions, customer lists and strategic plans. Recently, however, a growing number of companies have included language in their confidentiality … [Read more...]
Federal Court Strikes Down Arbitration Provision That Sought To Ban Employee Class Actions
Arbitration provisions are everywhere. If you own a cell phone, use a credit card, or subscribe to cable or satellite TV, odds are very high that your contract with those companies contains an arbitration clause. Your employment agreement may very well have an arbitration clause too. Your car loan? The vacation you just booked with an online travel site? All are likely to have an arbitration clause buried somewhere in the fine print. According to a three-part series published in The New York … [Read more...]
California Mandates Paid Sick Leave for Most Employees
With some limited exceptions, California employees are now entitled to accrue and take paid sick leave. California is the second state in the nation to mandate paid sick leave for its employees; Connecticut was the first. But unlike in Connecticut, California’s new paid sick leave law applies to employers of every size. Here’s how California’s new paid sick leave law works: To accrue paid sick leave with a particular employer, an employee must work for at least 30 days in a twelve-month period … [Read more...]
U.S. Supreme Court Backs Important Class Action Principle, For Now
In a decision issued on January 20, 2016, the U.S. Supreme Court pushed back against efforts by defendants to buy off the named plaintiff in order to avoid class action litigation. In Campbell-Ewald vs. Gomez, the Court ruled that a complete offer of relief by the defendant that is rejected by the representative plaintiff does not moot the class action case. The case arose under the Telephone Consumer Protection Act (TCPA), which prohibits telephone solicitations using an automated dialing … [Read more...]
SEC Compliance Office to Focus on Exchange-Traded Funds in 2016
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations recently announced its priorities for 2016. The OCIE conducts examinations of the securities industry with the goal of improving the integrity of the capital and securities markets. The OCIE focuses on improving compliance, preventing fraud, monitoring risk and advising the full Commission on policy. One of the OCIE’s priorities for 2016 is to closely examine exchange-traded funds, known as ETFs. An ETF … [Read more...]
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