UK: Pensions In Bankruptcy: The Ongoing Impact Of The Cases Of Raithatha And Horton In Light Of The 2014 Budget

In March 2014 the Chancellor announced that from April 2015 individuals of the minimum pensionable age will be able to gain access to the full amount of their pension fund by way of a lump sum payment. This has potentially opened the door to Trustees in Bankruptcy (“Trustee”) being able to access the entirety of these funds, extending further the loophole following the decision of Raithatha -v- Williamson [2012] 1 W.L.R. 3559 (“Raithatha”), although […]

By | January 26th, 2015 ||

United States: California Sunshine Warms The Market: A Twist On Customer Non-Solicitation Provisions In The Golden State

Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State. And that unenforceability extends to post-employment non-solicitation provisions restricting individuals from soliciting business from former customers –a “warm market” to those in the know in the sales community.

But a recent decision highlights an exception to this (infamous) California ban on post-employment solicitation.

In Batts […]

By | January 26th, 2015 ||

United States: Mandatory Paid Sick Leave — What In-House Counsel And Employers Need to Know

As indicated in a recent blog post in the Harvard Business Review, entitled “Who Has Paid Sick Leave, Who Doesn’t, and What’s Changing,” paid sick leave traditionally was a benefit that only some employers provided, and in some cases only to certain employees. In recent years, however, increasing numbers of cities and states have begun mandating that employers provide this traditionally voluntary benefit. In fact, if President Obama makes good on his promise from […]

By | January 24th, 2015 ||