United States: DC Sick And Safe Leave Act Amendments Take Effect; DC Issues Revised Poster

Revisions to the District of Columbia’s Accrued Sick and Safe Leave Act (“the Act”) adopted last February have become fully effective following the District’s adoption of a 2015 budget. The District of Columbia Department of Employment Services (DOES) has published a revised “Official Notice” that must be posted in affected workplaces across the District of Columbia. The revisions accelerate workers’ ability to take paid sick leave from one year to 90 days after starting […]

By | September 26th, 2014 ||

United States: Court Dismisses EEOC's Controversial Lawsuit Challenging Standard Provisions In Separation Agreements

Earlier this year, the EEOC brought a lawsuit in federal court in Illinois claiming that the severance agreement used by a nationwide retail pharmacy in connection with the terminations of hundreds of employees unlawfully restricted the rights of these employees under Title VII to file charges of discrimination with the EEOC and to cooperate in EEOC investigations. Aswe noted in response to the concern that many employers shared regarding the attack on standard separation […]

By | September 26th, 2014 ||

United States: Like a Bad Penny, Discharged AT&T Employee Turns Up Years Later Despite No-Rehire Agreement; New Jersey Appellate Court Affirms $35K Judgment Against Her

The inclusion of a “no-rehire” provision in separation agreement is fairly commonplace. Likewise, a damages provision (including liquidated damages and attorneys’ fees) in the event of a breach by the former employee are routinely included as well. In practice however, what happens when a terminated employee tests the limits of a no-rehire provision to which she agreed? Exhibit A is Schiavi v. AT&T Corp., decided in August by a New Jersey appellate court.
Background
AT&T terminated […]

By | September 25th, 2014 ||