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What I've Been Reading This Week


It was difficult to narrow things down this week as I came across several great articles that I thought readers would appreciate reading.  In particular, I want to highlight the article on USERRA.  Given the ongoing war on terror, I think many employers will continue to be confronted with USERRA issues.  This particular article highlights one of the finer points of that Act.

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


EEOC Issues Final Rules for Wellness Programs Under the ADA and GINA

Last month, the EEOC issued a final rule for employer wellness programs under the ADA ("Americans with Disabilities Act") and GINA ("Genetic Information Nondiscrimination Act").  The California Labor & Employment Law Blog posted the final rules that I think readers should take a look at.  While this may not impact everyone, it is worth a brief review at the very least.


Reminder: An USERRA Cause of Action Requires An Adverse Employment Action

The Orrick Employment Law and Litigation Blog noted out one of the finer points of the United Services Employment and Reemployment Rights Act of 1994 ("USERRA") in so much that an adverse employment action is required for this cause of action to proceed.  I wanted to highlight this article for that reason (especially as it ties in a recent case out of a District Court in Colorado from earlier this year on the matter) as well as to give readers a reminder of some of the unique aspects of USERRA.


President Obama Signs Into Law The Defend Trade Secrets Act

The Non-Compete and Trade Secrets Report recently wrote a thorough article on the passage of The Defend Trade Secrets Act that President Obama signed into law.  As a result of the passage of this Act, for the first time, there will be a federal private right of action for misappropriation of trade secrets.  This is a huge development and something that readers should note!

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