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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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What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...
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