Stark & Stark’s Employment group authored the article Non-Disclosure and Restrictive Covenant Agreements: Cost-Effective and Preventative Tools that Protect the Value of Your Business and Investment in Your Employees for the March 2008 edition of Mercer Business Magazine.
You can read the full article here.
In a recent Appellate Division case, Michael vs. Robert Wood Johnson University Hospital, et al., the New Jersey Superior Court – Appellate Division was presented with a question of whether reasonable counsel fees could be awarded to a Defendant who prevails in an action under the New Jersey Law Against Discrimination.
Kevin M. Hart, Shareholder and member of Stark & Stark’s Litigation group, recently authored the article Halting Employee Theft for Biz 4 NJ. The article discusses various options an employer can take to prevent employee theft within an organization, during a time when more than $600 million annually is being stolen from companies.
The New Jersey Supreme Court in the case of Totaro, Duffy, Cannova & Company, LLC vs. Lane, Middleton & Company, LLC gave some insight for a Court to award damages for violations of a non-solicit agreement.
A Bill has now passed in the Senate, 38 – 0 (S-2488/A-3451) on December 19, 2007 that will make it unlawful for an employer to discriminate against employees because of “religious practices.”
In somewhat of a surprise move, on December 14, 2007, Congress amended the Family Medical Leave Act (FMLA) to add two additional reasons for applying for FMLA leave. One provision adds that FMLA can be taken for a “qualifying exigency” arising from active duty in the armed services.
In a recent federal published decision in the matter known as Sarnowski v. Brooke Limousine, Inc., (Third Circuit, December 12, 2007), the Court decided an interesting issue regarding the type of notice that an employee needs to give an employer in order to claim FMLA benefits. The trial court judge dismissed the Plaintiff’s FMLA claim on the grounds that the Defendant Company’s employee policy required that employees give a certain type of written notice in order to claim FMLA benefits.
In a recent unpublished decision by the New Jersey Appellate Division, known as Ashwall and Winograd v. Prestige Management Services, Inc., et als. (Decided October 16, 2007), the Court dealt with a claim by employees of a New Jersey automobile dealership franchise who claimed religious discrimination and “promissory estoppel” against their former employer.
Stark & Stark’s Employment Litigation Group authored the chapter At-Will Employment: New Changes and Challengers for Employers for the Winter Edition of Human Resources 2008.
The chapter discusses issues and challenges employers will face when initiating changes in the relationship to protect the company, even though legal protections may be in place.
You can read the full chapter here.
Executive recruiters can often find themselves “stuck in the middle” of disputes between a former employer’s candidates and perspective new employers. As restrictive covenants become more ubiquitous in employment, executive recruiters need to make themselves aware of the potential impact that non-solicitation, non-competition and/or non-disclosure agreements can have upon thier perspective job placements.
