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Employment Law Strategist

Volume 16 - Number 6 | October 2008

October Issue in PDF Format


CA High Court Brightens Rule Against Non-Compete Pacts
By Cheryl Miller
In a ruling long awaited by the employment law sector, the California Supreme Court effectively rejected the use of most non-competition agreements in California. This article is an analysis of the ruling.

Perceived Mental Impairment in the Workplace
By Patricia Anderson Pryor
Employers who take action because there are rumors that a certain employee is "crazy," "psycho" or "nuts" often find themselves the subject of an Americans with Disabilities Act ("ADA") lawsuit facing claims that they regarded the individual as mentally disabled. What’s an employer to do?

New York Strengthens Wage Laws
By Elise M. Bloom, Fredric C. Leffler and Thomas A. McKinney
Part One of this article discussed the changes in New York Labor Law (NYLL) pertaining to commissioned sales personnel. The conclusion herein addresses the other changes made by the law.

Think Twice Before Reading Your Employees’ Text Messages
By Mark N. Reinharz
A recent decision by the Ninth Circuit Court of Appeals has provided a loud wake-up call to employers who wish to monitor employee communications. In Quon v. Arch Wireless Operating Co, Inc. et al., the court held that the City of Ontario, CA, violated the state and federal constitutional privacy rights of its police officers when it reviewed their personal text messages.

Office Romances And ‘Love Contracts’
By Barbara Reeves Neal
A consenting romantic or sexual relationship between two employees, and especially between a manager/supervisor and an employee, may lead to complications, difficulties and legal problems for all concerned — the employees, the manager/supervisor and the company. Hence the "love contract."

Verdicts
Recent rulings of importance to you and your practice.