The Arbitrability of Employment Contracts October 18th, 2010Employment The Arbitrability of Employment Contracts On June 21, 2010, the Supreme Court issued an important decision for employers utilizing or considering utilizing employment arbitration agreements. In Rent-A-Center, West v Jackson, the Court ruled on the enforceability of an arbitration clause included as part of an employment agreement. The dispute arose when Antonio Jackson filed a discrimination lawsuit against Rent-A-Center in federal court. Citing the arbitration clause Jackson had signed in his contract requiring all “past, present or future” disputes between Read More Tips for Hiring Executives October 14th, 2010Employment Board of Directors/Governance Highlights: Practical pointers for CEOs on hiring the right executives. Read article. Comments? Join the discussion on the MMMTechLaw LinkedIn group page. Read More Start-Up Compensation and Hiring for Tech Companies October 13th, 2010Employment, Finance, Accounting & Compensation Comment – Excellent Stanford Biz School video on building management teams, compensation plans and establishing a positive culture. Panelists include leading Silicon Valley VCs and seasoned entrepreneurs. Comments? Join the discussion on the MMMTechLaw LinkedIn group page. Read More MSEC Employer Advisory: Overtime – Vigorously Monitor It October 12th, 2010Employment Overtime: Vigorously Monitor It! A recent decision by a federal district court in New York highlights the importance of polices when it comes to FLSA/overtime issues. Under the FLSA, an employee must be compensated for all time he or she is “suffered or permitted to work.”In Joza v. WW JFK LLC, a hotel reservation agent claimed that Ramada did not compensate her for overtime she worked but purposely did not record on her time sheets. The plaintiff based her claim Read More MSEC Employer Advisory: South Carolina Illegal Immigration Reform Act October 8th, 2010Employment South Carolina Illegal Immigration Reform Act Now in Effect for ALL Employers On July 1, 2010, the new South Carolina immigration requirements went into effect for all employers. The new requirements are a part of the South Carolina Illegal Immigration Reform Act. The main focus of the Act is to put the burden on employers to verify employment authorization. This state law provides new requirements for Read More CHECKLIST FOR NEW GEORGIA LAW – – Restrictive Covenants Act October 4th, 2010Employment On November 2, 2010, Georgia voters will be asked to approve a constitutional amendment that will give effect to Home Bill 173 (the “Georgia Restrictive Covenant Act”). If approved, the Act will dramatically change the enforceability of restrictive covenants in employment and certain other agreements which are entered into after the Act takes effect. Below are frequently asked questions and answers regarding the Act. Q: Is the Act retroactive? A: No, the Act will not be retroactive. It will only apply to contracts entered into on or after November 3, 2010. Q: Should I change my existing employment agreements now or wait until Read More NEW HP vs. Hurd/Oracle – Lessons for Southeastern Tech Companies September 13th, 2010Employment, MMM Tech Perspectives The recent lawsuit by Hewlett Packard against Mark Hurd (former HP CEO) highlights interesting issues for technology companies in the Southeast. (Read the complaint filed by HP against Hurd here). Here are a few practical pointers to be considered: 1. If you have executives in California, you can generally forget about being able to enforce non-competition covenants to prevent them from working for a competitor. 2. HP is relying on Mr. Hurd’s agreement to hold trade secret information in confidence and not disclose it to others. On the other hand, Oracle will likely assert that Mr. Hurd is being fenced off from sharing such information Read More IBM Victorious in Employee Contract Suit September 1st, 2010Employment Employment Commissions are an issue frequently litigated, often because there is a lack of clarity or certainty in the employer’s commission plan and/or agreement. In this case, the Court held IBM’s commission plan letter was clear in not creating a contract for commission payments, and in reserving to IBM the discretion to adjust and/or eliminate commissions. Note, however, that the law regarding commissions can vary significantly from state to state, and commission plans are not necessarily “one-size-fits-all” for multi-state employers. Read full story. Read More Georgia Restrictive Covenant Act: Impact on Tech Companies and Entrepreneurs Part II August 16th, 2010Employment, Recent Legal News Employment The Georgia Restrictive Covenant Act will appear on GA ballots in the November election. Part II of this article examines sections of the Act and provides practical pointers for drafting restrictive covenants in employment agreements. (Part I is available here). Read More Previous 2 3 4 Next
Tips for Hiring Executives October 14th, 2010Employment Board of Directors/Governance Highlights: Practical pointers for CEOs on hiring the right executives. Read article. Comments? Join the discussion on the MMMTechLaw LinkedIn group page. Read More
Start-Up Compensation and Hiring for Tech Companies October 13th, 2010Employment, Finance, Accounting & Compensation Comment – Excellent Stanford Biz School video on building management teams, compensation plans and establishing a positive culture. Panelists include leading Silicon Valley VCs and seasoned entrepreneurs. Comments? Join the discussion on the MMMTechLaw LinkedIn group page. Read More
MSEC Employer Advisory: Overtime – Vigorously Monitor It October 12th, 2010Employment Overtime: Vigorously Monitor It! A recent decision by a federal district court in New York highlights the importance of polices when it comes to FLSA/overtime issues. Under the FLSA, an employee must be compensated for all time he or she is “suffered or permitted to work.”In Joza v. WW JFK LLC, a hotel reservation agent claimed that Ramada did not compensate her for overtime she worked but purposely did not record on her time sheets. The plaintiff based her claim Read More MSEC Employer Advisory: South Carolina Illegal Immigration Reform Act October 8th, 2010Employment South Carolina Illegal Immigration Reform Act Now in Effect for ALL Employers On July 1, 2010, the new South Carolina immigration requirements went into effect for all employers. The new requirements are a part of the South Carolina Illegal Immigration Reform Act. The main focus of the Act is to put the burden on employers to verify employment authorization. This state law provides new requirements for Read More CHECKLIST FOR NEW GEORGIA LAW – – Restrictive Covenants Act October 4th, 2010Employment On November 2, 2010, Georgia voters will be asked to approve a constitutional amendment that will give effect to Home Bill 173 (the “Georgia Restrictive Covenant Act”). If approved, the Act will dramatically change the enforceability of restrictive covenants in employment and certain other agreements which are entered into after the Act takes effect. Below are frequently asked questions and answers regarding the Act. Q: Is the Act retroactive? A: No, the Act will not be retroactive. It will only apply to contracts entered into on or after November 3, 2010. Q: Should I change my existing employment agreements now or wait until Read More NEW HP vs. Hurd/Oracle – Lessons for Southeastern Tech Companies September 13th, 2010Employment, MMM Tech Perspectives The recent lawsuit by Hewlett Packard against Mark Hurd (former HP CEO) highlights interesting issues for technology companies in the Southeast. (Read the complaint filed by HP against Hurd here). Here are a few practical pointers to be considered: 1. If you have executives in California, you can generally forget about being able to enforce non-competition covenants to prevent them from working for a competitor. 2. HP is relying on Mr. Hurd’s agreement to hold trade secret information in confidence and not disclose it to others. On the other hand, Oracle will likely assert that Mr. Hurd is being fenced off from sharing such information Read More IBM Victorious in Employee Contract Suit September 1st, 2010Employment Employment Commissions are an issue frequently litigated, often because there is a lack of clarity or certainty in the employer’s commission plan and/or agreement. In this case, the Court held IBM’s commission plan letter was clear in not creating a contract for commission payments, and in reserving to IBM the discretion to adjust and/or eliminate commissions. Note, however, that the law regarding commissions can vary significantly from state to state, and commission plans are not necessarily “one-size-fits-all” for multi-state employers. Read full story. Read More Georgia Restrictive Covenant Act: Impact on Tech Companies and Entrepreneurs Part II August 16th, 2010Employment, Recent Legal News Employment The Georgia Restrictive Covenant Act will appear on GA ballots in the November election. Part II of this article examines sections of the Act and provides practical pointers for drafting restrictive covenants in employment agreements. (Part I is available here). Read More Previous 2 3 4 Next
MSEC Employer Advisory: South Carolina Illegal Immigration Reform Act October 8th, 2010Employment South Carolina Illegal Immigration Reform Act Now in Effect for ALL Employers On July 1, 2010, the new South Carolina immigration requirements went into effect for all employers. The new requirements are a part of the South Carolina Illegal Immigration Reform Act. The main focus of the Act is to put the burden on employers to verify employment authorization. This state law provides new requirements for Read More CHECKLIST FOR NEW GEORGIA LAW – – Restrictive Covenants Act October 4th, 2010Employment On November 2, 2010, Georgia voters will be asked to approve a constitutional amendment that will give effect to Home Bill 173 (the “Georgia Restrictive Covenant Act”). If approved, the Act will dramatically change the enforceability of restrictive covenants in employment and certain other agreements which are entered into after the Act takes effect. Below are frequently asked questions and answers regarding the Act. Q: Is the Act retroactive? A: No, the Act will not be retroactive. It will only apply to contracts entered into on or after November 3, 2010. Q: Should I change my existing employment agreements now or wait until Read More NEW HP vs. Hurd/Oracle – Lessons for Southeastern Tech Companies September 13th, 2010Employment, MMM Tech Perspectives The recent lawsuit by Hewlett Packard against Mark Hurd (former HP CEO) highlights interesting issues for technology companies in the Southeast. (Read the complaint filed by HP against Hurd here). Here are a few practical pointers to be considered: 1. If you have executives in California, you can generally forget about being able to enforce non-competition covenants to prevent them from working for a competitor. 2. HP is relying on Mr. Hurd’s agreement to hold trade secret information in confidence and not disclose it to others. On the other hand, Oracle will likely assert that Mr. Hurd is being fenced off from sharing such information Read More IBM Victorious in Employee Contract Suit September 1st, 2010Employment Employment Commissions are an issue frequently litigated, often because there is a lack of clarity or certainty in the employer’s commission plan and/or agreement. In this case, the Court held IBM’s commission plan letter was clear in not creating a contract for commission payments, and in reserving to IBM the discretion to adjust and/or eliminate commissions. Note, however, that the law regarding commissions can vary significantly from state to state, and commission plans are not necessarily “one-size-fits-all” for multi-state employers. Read full story. Read More Georgia Restrictive Covenant Act: Impact on Tech Companies and Entrepreneurs Part II August 16th, 2010Employment, Recent Legal News Employment The Georgia Restrictive Covenant Act will appear on GA ballots in the November election. Part II of this article examines sections of the Act and provides practical pointers for drafting restrictive covenants in employment agreements. (Part I is available here). Read More Previous 2 3 4 Next
CHECKLIST FOR NEW GEORGIA LAW – – Restrictive Covenants Act October 4th, 2010Employment On November 2, 2010, Georgia voters will be asked to approve a constitutional amendment that will give effect to Home Bill 173 (the “Georgia Restrictive Covenant Act”). If approved, the Act will dramatically change the enforceability of restrictive covenants in employment and certain other agreements which are entered into after the Act takes effect. Below are frequently asked questions and answers regarding the Act. Q: Is the Act retroactive? A: No, the Act will not be retroactive. It will only apply to contracts entered into on or after November 3, 2010. Q: Should I change my existing employment agreements now or wait until Read More
NEW HP vs. Hurd/Oracle – Lessons for Southeastern Tech Companies September 13th, 2010Employment, MMM Tech Perspectives The recent lawsuit by Hewlett Packard against Mark Hurd (former HP CEO) highlights interesting issues for technology companies in the Southeast. (Read the complaint filed by HP against Hurd here). Here are a few practical pointers to be considered: 1. If you have executives in California, you can generally forget about being able to enforce non-competition covenants to prevent them from working for a competitor. 2. HP is relying on Mr. Hurd’s agreement to hold trade secret information in confidence and not disclose it to others. On the other hand, Oracle will likely assert that Mr. Hurd is being fenced off from sharing such information Read More
IBM Victorious in Employee Contract Suit September 1st, 2010Employment Employment Commissions are an issue frequently litigated, often because there is a lack of clarity or certainty in the employer’s commission plan and/or agreement. In this case, the Court held IBM’s commission plan letter was clear in not creating a contract for commission payments, and in reserving to IBM the discretion to adjust and/or eliminate commissions. Note, however, that the law regarding commissions can vary significantly from state to state, and commission plans are not necessarily “one-size-fits-all” for multi-state employers. Read full story. Read More
Georgia Restrictive Covenant Act: Impact on Tech Companies and Entrepreneurs Part II August 16th, 2010Employment, Recent Legal News Employment The Georgia Restrictive Covenant Act will appear on GA ballots in the November election. Part II of this article examines sections of the Act and provides practical pointers for drafting restrictive covenants in employment agreements. (Part I is available here). Read More