Following the April 3, 2018 YouTube workplace violence tragedy, many news sources reported that there were 500 workplace homicides in 2016, the most recent workplace homicide statistic from the Bureau of Labor Statistic. The Bureau of Labor report, found here, noted this was “an increase of 83 cases from 2015” and that the “2016 total was the highest [number of workplace homicides] since 2010.” The report also revealed that 409 (82 percent) were homicides to men and 91 (18 percent) were homicides to women.” Further, “homicides represented 24 percent of fatal occupational injuries to women in 2016 compared with 9 percent of fatal occupational injuries to men.”… Read More...

Glassdoor, the website described as “Yelp for workplaces,” claims that 83% of job seekers in the United States read its reviews. For the uninitiated, Glassdoor is a website where anonymous employees and former employees comment on a company’s workplace – sharing information on topics such as salary levels, workplace policies, office politics, and much more.… Read More...

In a decision with potentially huge ramifications for the construction industry, the Fourth Circuit Court of Appeals found that employees of a framing and drywall subcontractor were also the employees of a general contractor for purposes of federal employment laws. Therefore, contractors might find themselves on the hook for their subcontractors’ violations of the law, even if the general contractor had nothing to do with the alleged violation.… Read More...

Last week, the White House issued a “State Call to Action on Non-Compete Agreements” that calls for “state policymakers” to pursue certain restrictions on the use of non-compete agreements. It also released a report entitled “Non-Compete Reform: A Policymaker’s Guide to State Policies,” which includes an assessment of each state’s non-compete laws.… Read More...

Securities and Exchange Commission (SEC) rules adopted under Section 21F of the Securities Exchange Act provide financial incentives for employees and others (whistleblowers) to report corporate wrongdoing to the SEC, and prohibit retaliation against them for doing so. One such rule, Rule 21F-17, prohibits any action to impede an individual from communicating directly with the SEC about a possible securities law violation, “including enforcing, or threatening to enforce, a confidentiality agreement.” Rule 21F-17 applies to both companies that are required to file reports with the SEC and companies that are not. … Read More...

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which provides a federal, civil cause of action for misappropriation of a trade secret. This opens up federal courts to trade secret owners even without a separate basis for federal jurisdiction, provided that the trade secret “is related to a product or service used in, or intended for use in, interstate or foreign commerce.”  Substantively, the DTSA is similar to the South Carolina Trade Secrets Act (“SCTSA”) in defining “trade secret” and “misappropriation” (the definition of “trade secret” is arguably broader under the SCTSA).… Read More...

This post is an update to my recent post on North Carolina’s controversial bathroom law (known as “HB2”), which can be found here. Last week, the U.S. Justice Department sent a letter to North Carolina Governor Pat McCrory warning him that, in the Justice Department’s view, HB2 violates Titles VII and IX of the Civil Rights Act.… Read More...