Non Compete Agreements

The “Choice of Law” in Non-Compete Disputes

The “choice of law” in a non-compete dispute can impact the outcome of the case.  New York, Massachusetts, and California, for example, have highly developed laws that favor employee mobility.  Other states might be more inclined to enforce a non-compete agreement according to its terms.  Therefore the question of which law applies can be determinative.  Employers often try to avoid the...

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Non Compete Agreements

New York Non-Compete: The Legitimate Interests Test

Decided almost a half century ago, Reed, Roberts Assoc. v Strauman, 40 N.Y.2d 303 (N.Y. 1976), remains a pillar of New York case law when determining if a non-compete is enforceable. With this decision, New York State’s highest court established a framework for determining whether a non-compete (or any other restrictive covenant) is “reasonable” and, therefore, enforceable. Background In this case,...

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Employment Law Blog

Trade Secrets: What Companies Must do to Protect them

A trade secret is, essentially, information of commercial value that is kept secret by those who have an interest in protecting and benefitting from its value. The attribute of secrecy is fundamental to whether certain information qualifies as a trade secret.  Unless the entity possessing the information makes a reasonable effort to maintain the secrecy of the information, the information...

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Employment Law Blog

Pregnancy Discrimination at Work: A New Epidemic

My name is Robert Ottinger and I’m an employment lawyer. For 20 years I’ve been helping employees and we have offices in New York and California. Trying to work while pregnant or as a new mother has never been harder. There’s a misconception in America that a woman can’t be both a good mother and an effective worker at...

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Employment Law Blog

FMLA Firings: Getting Fired for Taking Family Leave

My name is Robert Ottinger and I’m an employment lawyer. My law firm, The Ottinger Firm has been helping employees for over 20 years and we have offices in New York and California. Have you ever had to take time off of work to care for or a sick parent or a child or even yourself if you’re sick? Well, you’re...

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Employment Law Blog

Federal Ban on Non-compete Agreements—Is It Possible?

Non-compete agreements have the attention of congress.  A bipartisan effort to regulate non-compete agreements on a federal level was introduced in the U.S. Senate in October 2019 by Senators Chris Murphy (D-Conn.) and Todd Young (R-Ind.). Senate Bill 2614, the Workforce Mobility Act of 2019, proposes a near federal ban of all employee non-compete agreements, with limited exceptions for certain business transactions. The bill would have sweeping implications, but does...

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Non Compete Agreements

Why Not Blue Pencil?

“Blue penciling” refers to the convention whereby a court may exercise its discretion to modify parts of a contract that violate public policy, and which are, therefore, void.  In the employment context, the questions whether, when and how much blue-penciling is warranted come up most frequently when courts are asked to enforce restrictive covenants such as non-compete and nonsolicitation agreements.    A decision last year in the Colorado Court of Appeals, 23 LTD v. Herman, illuminates why some courts have retreated from “blue penciling.”  2019 Colo. App. 113, No. 18CA0950.    Ms. Herman Solicits a...

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Employment Law Blog

Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

When can You Take FMLA? Under the federal Family and Medical Leave Act, or FMLA, you can take up to 12 weeks of leave within a 12–month period when: You are unable to work due to a serious health condition. You are caring for an immediate family member with a serious health condition. You have a newborn child or have...

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Employment Law Blog

Employment Discrimination Under California Law

Employment discrimination is against the law. Employers are not allowed to treat you differently because of your: Pregnancy Age Race Ethnicity Religion Gender Disability These descriptions, among others, fall into classes that are protected by law. If you have a discrimination case, contact us for a consultation. We have offices in San Francisco and New York. Laws Enforced by...

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Employment Law Blog

Right to Sue Letters from the EEOC

The Ultimate Guide to Right to Sue Letters This guide is for anyone who has received a right to sue letter or wants to know more about them. You will learn what you need to do when you get a right to sue letter and you will understand the big picture. This guide will also help you decide what steps...

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