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  1. New Confidentiality Agreement Restrictions for DOD Contractors

    In a previous article we explained the dangers of utilizing an overbroad confidentiality agreement between your business and your employees or subcontractors.  To briefly recap, in some states, like Virginia, an overbroad confidentiality agreement can be just as bad as …

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  2. GAO Calls for More Vigorous Enforcement Actions by OFCCP

    The Government Accountability Office (GAO) recently released a report calling on the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to more vigorously enforce federal contractor nondiscrimination compliance. Specifically, OFCCP is charged with ensuring federal contractor compliance with …

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  3. Misclassifying Employees as Independent Contractors

    Businesses are not infrequently subjected to competing and often unclear legal rules.  Take, for example, the independent contractor versus employee classification morass.  Sophisticated Fortune 500 companies find themselves just as frustrated as small businesses in trying to comply with the …

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  4. Is Your Company’s Confidentiality Agreement Unenforceable?

    Your company’s confidentiality agreement with its employees is not worth the paper it is printed on if it cannot be enforced. An unenforceable confidentiality agreement might even be worse than having nothing at all, since it might lull management into

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  5. Supreme Court Limits Employer Liability for Supervisor Actions

    Since 1998, it has been held that an employer is liable for workplace harassment by an employee who is a supervisor.  However, the question that remained unclear until now was who exactly qualifies as a “supervisor?”

    In a recent decision, …

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  6. Former Employee Didn’t Show “Substantial Impairment” for Insufficient Sleep Disability, and Her Retaliation Claim was Defeated by the Former Employer’s Legitimate Reason for Termination

    In a recent Fourth Circuit case, the court decided against a former employee because the employer provided a legitimate reason for firing the employee, and the employer’s actions and statements regarding the reasons for firing her remained consistent.

    Victoria Anderson …

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