Noncompete agreements can be an effective way to prevent your employees from leaving your employ to work for a rival business using the skills, information and contacts they acquired while working for you. However, for a noncompete to be effective, it has to be enforceable as demonstrated by the decision in NVR, Inc. v. Nelson […]
As has been widely publicized, the Supreme Court recently affirmed that the rules governing where a patent infringement case may be brought against corporate defendants are distinct from those involving other causes of action in the federal system. Specifically, the Court held that in patent cases, the relevant statute, 28 U.S.C. § 1400(b), mandates that […]
As Bob Dylan sang, “the times they are a changin’,” and this never has been truer than with public attitudes toward the use of marijuana. Once feared as a drug that would create “Reefer Madness,” as the title of a 1930’s movie proclaimed, marijuana use increasingly has become acceptable among the general population both for […]
Jonathan Mook, in an article written by Tammy Binford for HR Hero, offers tips to HR and employers on how to handle an employee’s addiction to prescription medication. When do the medications taken constitute a disability under the ADA? What should you do if you believe their addiction poses a safety threat to the organization? […]
by Milton Whitfield and Jayna Genti DiMuroGinsberg PC Last month, we reported on the costs of data breaches and steps you can take to help prevent what has become a very common occurrence at businesses and organizations across the country. If a data breach occurs at your organization, you need to be aware of Virginia […]
by Milton Whitfield and Jayna Genti The number of cyberattacks in Virginia since January of last year is roughly one attack every four seconds. According to a 2016 Cost of Data Breach Study of the Ponemon Institute, which conducts independent research on data protection, malicious or criminal attacks continue to be the primary cause of […]
“Website Accessibility: HR’s Strategic Guide to Meeting Digital Accessibility Standards Amid Increased Regulatory Oversight”, a Live Virtual Workshop: Tuesday, April 18, 2017 Is your organization’s website fully accessible to disabled individuals? If it’s not, you could be subjected to costly legal scrutiny, as lawsuits challenging inaccessible websites proliferate and the Department of Justice is in […]
By: Jonathan R. Mook To fulfill your obligations under the Americans with Disabilities Act (“ADA”), you need to attempt to accommodate a disabled employee in performing the essential functions of his or her current position. If that is not feasible, the ADA says that you then must consider transferring the disabled worker to a vacant […]
Shortly before the inauguration of President Trump, the U.S. Equal Employment Opportunity Commission (“EEOC”) published its proposed Enforcement Guidance on Unlawful Harassment in the Workplace, which constitutes a substantial update of the Commission’s prior guidance issued more than 25 years ago. The time for comments on the EEOC’s proposal recently was extended until March 21, […]
Outsourcing has become common across many industries as one method for companies to reduce costs and gain greater efficiencies. The effects on employees in an organization, however, often are overlooked or not timely addressed. There are a number of communications and employee protections that you should embrace to facilitate a successful transition and to avoid […]
