LawyersUSA

Court overturns non-compete agreement

A non-compete agreement that prevented an employee from working for former clients after leaving the company is prohibited under a state statute, the California Supreme Court has ruled in a case that has been watched closely by attorneys.

Sarbanes-Oxley whistleblower can’t sue

An accountant who failed to show that he had an objectively reasonable belief that his employer had violated federal securities laws under Sarbanes-Oxley could not receive the protections of the statute’s whistleblower provision, the 4th Circuit has ruled in affirming an administrative review board.

Employers brace for genetics privacy law

Employers, health insurers and their attorneys must start planning for a new federal law that will force them to protect genetic privacy.

The new law imposes privacy and record-keeping restrictions on employers and insurers, who are accustomed to exchanging health care information freely.

Text message ruling strengthens employees' privacy

New questions about employer's privacy policies have been raised by a recent ruling that employees who were given pagers by their employer had a reasonable expectation of privacy in text messages sent through the pagers and stored on a third party server.

Employment lawyers said the ruling will force companies to review their electronic communications policies.

Punitives for trucker fired for refusing unsafe load

A Texas trucker who was fired for refusing to drive an unsafe load was awarded $267,000 – nearly all of it in punitive damages.

Safety has been a growing concern as the number of trucks has increased while the industry suffers from a shortage of qualified drivers.

Employer can be sued for reduction in ERISA benefits

An employer could be sued under ERISA for actions that allegedly caused the diminution of the value of its former employees’ retirement benefits, the 11th Circuit has ruled in reversing a dismissal.