Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Category Archives: Labor & Employment

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LinkedOut: Court finds Ex-Employee Likely Violated Non-Solicitation Provision with LinkedIn Post

The use of social media sites, like LinkedIn, can be a helpful tool to reach a customer base. But a recent district court case out of Minnesota exemplifies the need to ensure that LinkedIn usage complies with the user’s employment agreement. Specifically, in late July 2017, a Minnesota court in Mobile Mini, Inc. v. Vevea granted … Continue Reading

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend, effectively dismissing claims brought by a group of shepherds working under the H-2A Visa Program, which covers agricultural guest workers. … Continue Reading

Understanding Your Employment Practices Liability Insurance Coverage

Employment Practices Liability Insurance (EPLI) policies typically provide coverage for both the company and its employees for certain defined “wrongful employment acts,” such as discrimination, illegal harassment, retaliation and wrongful termination. Navigating an EPLI policy can be tricky. Proskauer’s Anthony Oncidi and Bradley Lorden analyze the pros and cons to assist employer policyholders in procuring the type and amount … Continue Reading

Recent Decisions Clarify (Un)Enforceability of Class Action Waivers in Employment Agreements

Companies looking to waive class action rights of employees may instead be waving goodbye to provisions in their employment contracts. Two recent decisions in California—one administrative and one in the 9th Circuit—recently found that class action waivers in employment contracts were unenforceable as a matter of law and public policy, resulting in the removal of … Continue Reading
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