Sportsbet v Carpanini – another warning about restraint of trade clauses in employment contracts

Restraint of trade clauses are often poorly drafted and frequently misunderstood. A significant proportion of restraint clauses would be unenforceable if tested.

A restraint of trade clause is void by default unless the employer can demonstrate that it is reasonable to protect the legitimate business interests of the employer. The court will consider whether the restraint is such only as to afford a fair protection to the interests of the employer, and not so large […]

By | May 6th, 2014 ||

Doctor Doctor Give Me The News, Is My Employee Fit For Duty After FMLA Leave?

On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health condition for which the employee was granted FMLA leave, so long as it is job related and consistent with business necessity.

In White v. County of Los Angeles (a copy of the order can be found here), Plaintiff […]

By | May 2nd, 2014 ||

Poland: High Time For Flextime

A less rigid approach to scheduling of working time offers win/win solutions for employers and employees

Amendments to Poland’s Labor Code that went into effect on August 23, 2013, introduced important changes in the rules for scheduling and calculating employees’ working time.

The amending act includes provisions designed to counter the effects of the economic crisis and allow businesses in Poland to operate more competitively. Lawmakers also sought to make it easier to create new jobs, […]

By | May 1st, 2014 ||