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What I've Been Reading This Week


Making a "Material Change" to a Separation Agreement - An Important Note

Daniel Schwartz makes note of an important EEOC regulation that employers (and employees) should be mindful of when working on a separation agreement.  The article addresses how a "material change" can impact the 21/45 day requirement for the employee to consider the agreement, as required by law.


What's In Store For Non Compete Agreements in Texas - 2014

This article addresses what is in store for non compete agreements in Texas this year.  Non compete agreements are often a hot button issue that inevitably become a contentious issue for both employers and employees.


Desperate For a New Trial? Not Any More - Nicollette Sheridan's New Trial For Retaliation Claim

In 2010, Nicollette Sheridan sued ABC, Touchstone and Desperate Housewives creator Marc Cherry for $20 million, claiming she was let go from the series in retaliation for complaining about being hit in the head by Cherry during a September 2008 argument on the set.  At a trial just against Touchstone, jurors were deadlocked at 8-4 in Sheridan's favor.  

In a somewhat surprising move, Judge Stern has ordered a new trial this week after he had previously dismissed the suit.  Although the basis for the ruling was not immediately clear, it should be noted that Sheridan's lawyers pointed to recent rulings by other judges that suggested there is no requirement to exhaust administrative remedies before filing a labor claim. 



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NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

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What I’ve Been Reading This Week

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Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
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