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Non-compete agreements: Are your company’s enforceable?

Non-compete agreements often come under scrutiny, and a recent case illustrates the connection between reasonableness and enforceability of such contracts. In Ag Spectrum Co. v. Elder, the Eighth Circuit court affirmed a trial court’s ruling that the company’s non-compete agreement with an independent contractor was unreasonable and, therefore, not enforceable The defendant, Vaughn Elder, had [...]

Attorney Amy Davis – Interview on Fox 4 News – Comment on Ezekiel Elliot case

FOX 4 News – Monday, Sept 11, 2017 Attorney Amy Davis was sought for comment by FOX 4 News reporters seeking a perspective on the recent developments in the case that is currently unfolding between Dallas Cowboys running back Ezekiel Elliot and the NFL. Attorney Davis offered her comment regarding the NFL appeals injunction that [...]

Department of Labor Rolls Back Joint Employment Guidance

Earlier this month, U.S. Department of Labor (DOL) Secretary Alex Acosta announced that the agency is withdrawing two guidance letters calling for tighter standards for determining joint employment. The first letter, issued in 2015, sought to restrain the misclassification of employees as independent contractors. The second, issued in 2016, called for greater scrutiny of situations [...]

Is Pregnancy Alone a Disability Under the ADA?

When an employee is pregnant, employers are understandably concerned about discrimination. The Pregnancy Discrimination Act of 1978 (PDA) prohibits employers with 15 employees or more from discriminating on the basis of “pregnancy, childbirth, or related medical conditions.” Equal Employment Opportunity Commission (EEOC) guidance on the act explains an employer’s responsibility under the PDA, including examples [...]

Preparing for Immigration Agents at the Workplace

As the administration’s crusade to tighten immigration enforcement continues, employers may wonder how to handle government visits to the workplace. Although we’ve seen no directives regarding worksite enforcement from the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE), immigration authorities have arrested hundreds of unauthorized immigrants in recent raids of areas with [...]

EEOC Stands By Position That Title VII Protects Transgender Employees—So Far

Gender identity issues are still in the news, and based on activity in the Trump administration and the Texas legislature, discrimination against transgender individuals is alive and well. The EEOC, however, is holding strong to the position that Title VII forbids employment discrimination based on gender identity, a stance affirmed during the Obama administration. A [...]

An Employer’s Guide to the EEOC Guide for Employees with Mental Health Conditions

In 2016, the Equal Employment Opportunity Commission (EEOC) noted a rise in claims of discrimination based on mental health conditions. Almost 5,000 such charges resulted in some $20 million for claimants unlawfully denied employment and reasonable accommodations. Even though the Americans with Disabilities Act (ADA) has not changed protections for such employees, the EEOC issued [...]