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 […]
Labor & Employment Law Update
Wrong Language Invalidates Age Discrimination Release
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 […]
OFCCP/TRICARE Update: Five-Year Reprieve
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 […]
ConAgra and Baird Holm Tally a Win for Nebraska Employers and Workplace Safety
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 […]
EEOC Posts New Religious Discrimination Guidance
On March 6, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) published two new technical assistance guides concerning workplace rights and responsibilities regarding religious dress and grooming under Title VII of the 1964 Civil Rights Act. The first document, a one-page “Fact Sheet on Religious Garb and Grooming in the […]

