Labor & Employment Law Update

In what is viewed as a major change to the landscape of employee confidentiality agreements, the EEOC and the NLRB have recently targeted a variety of terms found in agreements with employees related to confidentiality of information. The most recent attack comes with the EEOC’s filing of a lawsuit against […]

Does a departing employee who logs on to his employer’s computer network and accesses information he intends to use for a competing venture violate the Computer Fraud and Abuse Act? (18 U.S.C. § 1030, “CFAA”). An April 2014 federal district court answered in the affirmative, stoking the fire in a […]

A federal court in Colorado in May 2014 denied summary judgment to an employer that sought to enforce an age discrimination release. The court held that while the employer had constructively complied with the Older Worker Benefit Protection Act (“OWBPA”), the law required “strict compliance” in order to have an […]

On May 7, 2014, the OFCCP published Directive 2014-01, which establishes a five-year moratorium on its enforcement of obligations related to affirmative action programs and recordkeeping under Executive Order (E.O.) 11246, Section 503 of the Rehabilitation Act of 1973 (Section 503), and the Vietnam Era Veterans’ Readjustment Assistance Act of […]

In May of 2014, in the case of ConAgra v. Zimmerman, the Nebraska Supreme Court reversed a lower court’s ruling, holding that ConAgra was entitled to a one-year permanent injunction against Zimmerman, the estranged husband of an employee, to prevent future harm to its property and its employees. The decision […]