Skip to main content

What I've Been Reading This Week


I have always enjoyed non-compete cases, articles, and blog posts.  I wrote an article on the topic a few years ago that the State Bar of Texas recognized as one of the top articles on the topic.  This week, I came across an article about a non-compete agreement that a doggy day care used.  Interesting reading, to say the least.

As always, below are a few articles that caught my eye this week.


A Unique Look at the Use of Background Checks

This is an interesting article which talks about one individual who went through a newly developed background check that can look into an applicant's background to see if there are any red flags (ie armed robbery convictions.  More on that later).  After talking about how his background check did not bring back anything relevant, there is a note on a former Smith and Wesson Holdings chairman who was revealed to been an armed robber with an armed robbery conviction.  Once this information came to light, he resigned.  But it begs the question:  If a background check is done properly (and legally), wouldn't this type of embarrassing situation have been avoided? 



File this news article under "interesting".  Camp Bow Wow is a doggy day care franchise with over 100 locations in the U.S.  Camp Bow Wow boards pets overnight and also offers in home pet sitting.  However, before a Camp Bow Wow employee can begin work, they have to sign non-compete agreements.  The non-compete includes a stipulation that the employee agrees not to work for a competing business within 25 miles of their Camp Bow Wow location for a period of two years following termination.  

I have heard of non-competes in white collar jobs, but a non-compete as to workers at Camp Bow Wow?  Talk about a potentially "ruff" situation. 



This is a good article by Suzanne Lucas that talks about some Walmart stores that are asking employees to donate to needy co-workers this year.  While this is not the first year it has happened (some Walmart stores also did food drives for its workers last year too), it has still generated some negative reactions.  A lot of opponents of the food drives point to the fact that if Walmart paid a decent wage, these type of programs would not be necessary to keep fellow employees from going hungry. 

Comments

Popular posts from this blog

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

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...