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Category: Legal Insights

Posted May 19, 2015

When Crafting a Non-Compete Agreement, Beware of Illusory Promises

Recent court cases might be signaling a new trend for how non-compete agreements are interpreted - one that looks at the sufficiency of the contract’s consideration, rather than its existence. Historically, the analysis of whether consideration exists is very simple: two parties exchange promises—what you see is what you get—and there is no doubt as to the existence of consideration.

Posted April 29, 2015

Supreme Court Affirms Judicial Review of EEOC, Requires Agency to Discuss Specific Claims and Allow Employer to Rectify Practices

This “manageable standard of review”—announced by a unanimous Court—requires the EEOC to demonstrate that, prior to commencing a lawsuit, it notified the employer of the discriminatory practice and identified “which employees (or what class of employees) had suffered as a result.” The EEOC must also give the employer an opportunity to discuss and remedy the practice prior to suing.

Posted March 5, 2015

Incoming! Despite Lack of “Ice Missile” Laws in Minnesota, Trucking Companies Still Potentially Liable for Negligence

If you are a resident of a northern state, the sight of ice and snow flying from the roof of moving vehicles is not unfamiliar. These incidents have the potential to cause severe injury or death to drivers. In a recent event on Highway 36 in Roseville, Minnesota, a chunk of ice flew off a tractor-trailer and hit the windshield of a nearby passenger vehicle.

Posted January 7, 2015

Can the EEOC Be Trusted to Police Its Own Compliance?

Labor and employment Shareholder Mark Girouard discusses Mach Mining, LLC v. EEOC, which poses the question of whether employers may challenge in court the EEOC’s filing of a lawsuit on the basis that the Commission failed to attempt resolution in good faith.

Posted July 9, 2013 with Tags , ,

The Rise of Associations, the Risk of Antitrust

There is an association for every type of health care provider and for every type of business that serves health care providers. Associations struggle with the allure of wanting to help their members share information and practices. If information sharing …

Posted July 9, 2013 with Tags , ,

My Health Plan Is Now My Provider?

In effort to more effectively manage their members, health plans are getting into the business of providing care. Some larger HMOs now employ nurse practitioners, for example, to work in the field and service long-term care centers. Are plans being …

Posted July 9, 2013 with Tags , , ,

The Stronger Push for Incentives

With CMS relaxing its cap on member benefits, what new initiatives might health plans roll out and how far will they push the envelope to incent members towards specific kinds of care services? Similarly, recent opinions from the OIG seem …

Posted June 24, 2013 with Tags , , , , , , , , , , ,

Background Check? Not so Fast. “Ban the Box” Efforts Expanding Nationally

On May 13, 2013, Minnesota became the latest state to put new measures into place restricting employers’ abilities to inquire about criminal histories on job applications. Many cities and counties nationwide have also taken this step, with others considering similar …

Posted February 18, 2013

News Tips -The Unemployed: A Protected Class?

Historically, gaps in employment history, including present unemployment, have often served as “red flags” for employers during the screening and hiring process. With the national unemployment rate hovering at or above nine percent, Congress, aided by the support of the …

Posted January 22, 2013

Incriminating the Criminal Background Check

Criminal background checks have become commonplace in today’s employment environment, as computerized records efficiently and systematically reveal potential or existing employees’ run-ins with the law. However, guidance and regulations issued by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that …

Posted December 19, 2012

Is it Lawful to Include Education Requirements in Job Postings?

“Education degree required” has been a common refrain within job postings for years, but new rumblings from equal employment authorities claim that such prerequisites can easily have a disparate impact on protected classes like minorities or those with disabilities. In …

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