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BT Currents - Hot Topics in Employment Law

13 Oct Noncompetes In Mexico

I recently had occasion to look into Mexican law regarding non-competition agreements. For those who are unfamiliar with Mexican noncompete law, it can be summarized succinctly: see California. Like the Golden State, Mexico takes a dim view toward non-competition agreements.  In fact, the unenforceability of restrictive covenants is not even a matter of Mexican statute, it’s actually embedded into the country’s Constitution.   Specifically, Article 5 of the Mexican Constitution provides that “the State cannot permit the execution of any contract, covenant, or agreement having…

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12 Oct Think Before You Shoot on Noncompete: Why The Threatening Letter May Not Be Your First Move

I recently wrote an article about the importance of thinking a few steps ahead before businesses have their lawyers send the proverbial nasty lawyer letter.  Those letters certainly have their place in many contexts, but the article explains why you should think through the possible responses to the letter and be sure before the letter goes in the mail that you are ready to deal with the consequences.   So it is when an employee departs and is believed to be working for a competitor…

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12 Oct Employee Who Threatened to Shoot His Colleagues with a Shotgun Not a “Qualified Individual” For the Purposes of Oregon’s Disability Statute, Says Ninth Circuit

The inherent tension between employee mental illness and workplace disability discrimination laws has become a hot topic over the last few years. Yet, legal opinions addressing this issue have often led to more questions than answers. For instance, what happens if an employee’s mental illness causes him or her to violate company rules? Can the employer discipline such an employee without running afoul of the Americans with Disabilities Act (ADA)? Or, in the most extreme situation, what disciplinary actions may an employer take against an…

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08 Oct Altering Arbitration: Sakkab v. Luxottica Retail North America

Overtime claims that a former LensCrafters employee brought against a California franchise led the Ninth Circuit to once again tweak arbitration rules. The divided 9th Circuit panel reversed the district court’s order granting defendant Luxottica Retail North America, Inc.’s motion to compel arbitration of claims and dismissing plaintiff’ Shukri Sakkab’s  first amended complaint, in a putative class action raising class employment-related claims and a non-class representative claim for civil penalties under the Private Attorney General Act.   Mr. Sakkab filed the complaint in San Diego against defendant,…

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05 Oct Nearly 40 Percent of Mandatory Reports to OSHA Lead to Inspection

As we previously noted in late 2014, OSHA implemented a new mandatory reporting requirement which would require employers to report to OSHA within 24 hours if a single employee was hospitalized overnight. Previously, an employer was only required to report this if three (3) or more employees were hospitalized overnight. The new regulations also required the mandatory reporting of any amputation or loss of an eye within 24 hours. As before, workplace fatalities have to be reported within eight hours. These new regulations became effective…

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