DOCSLIB.ORG

The Employment Law AUTHORITY

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Employment Law AUTHORITY The Employment Law AUTHORITY Today’s Hot Topics in Labor & Employment Law July/August 2010 U.S. SUPREME COURT TACKLES ARBITRATION CASE THIS ISSUE Finds Question Of Enforceability Must Be Decided By Arbitrator O Federal Contractors. Answers to the most common questions regarding the On June 21, with Justice Antonin trate must be evaluated by the arbitrator, new posting requirement. Scalia writing for a 5-4 majority, the U.S. not a court. Rent-A-Center, West, Inc. v. page 2 Supreme Court issued an important de- Jackson, No. 09–497, U.S. Supreme O State Round-Up. Learn about the lat- cision for employers that are utilizing or Court (June 21, 2010). are considering adopting arbitration est employment law news in your state. Factual Background page 3 agreements. The Court addressed the en- forceability of an arbitration agreement Antonio Jackson was employed by O Washington Watch. Hal Coxson dis- (included as part of an employment Rent-A-Center, West, Inc. At the time cusses the recent changes at the NLRB and their potential effect on the labor contract), which stated that the arbitrator of hiring, he signed an agreement, en- movement. determines the enforceability of the titled “Mutual Agreement to Arbitrate page 4 contract. According to the majority, Claims,” as a condition of his employ- because the employee in this case chal- ment. A section entitled “Claims Cov- O Family & Medical Leave. More work- lenged his employment contract as a ered By The Agreement” stated that all ers entitled to leave to care for a child. whole, rather than specifically chal- “past, present or future” disputes aris- page 6 lenging the provision in the agreement ing out of Jackson’s employment with O Wage & Hour. Court holds pharma- granting the arbitrator the authority to Rent-A-Center must be submitted to ar- ceutical sales reps were misclassified determine enforceability (the “delega- bitration. Another section, designated as exempt. tion provision”), the agreement to arbi- Please see “ARBITRATION” on page 7 page 8 XXXXX AND MUCH MORE AND PORTLAND MAKES 40! OFFICES OF OGLETREE, DEAKINS, Ogletree Deakins Opens Office In Pacific Northwest NASH, SMOAK & STEWART, P.C. Continuing its aggressive growth complex, multiple plaintiff, and class Atlanta Memphis strategy, Ogletree Deakins opened its action litigation and also has substantial Austin Miami newest office in Portland, Oregon in experience in enforcing and defending Birmingham Minneapolis July. This is the fifth office the firm has noncompetition agreements. Bloomfield Hills Morristown opened this year (the other new offices Lively joins Ogletree Deakins from Boston Nashville are in Las Vegas, Denver, Orange County the Portland office of Lane Powell, Charleston New Orleans and Minneapolis), giving Ogletree where she chaired the firm’s Labor and Charlotte Orange County Deakins 40 offices nationwide. Employment group. In her practice, Chicago Philadelphia This represents the firm’s first foray Lively defends employers from claims Cleveland Phoenix into the Pacific Northwest. According of harassment, discrimination, retalia- Columbia Pittsburgh to Managing Shareholder Kim Ebert, tion, wrongful discharge, and wage and Dallas Portland “We have long felt the need to be in this hour violations. She has extensive liti- Denver Raleigh region of the country, but had to identify gation experience having successfully Greensboro San Antonio the right lawyers. The firm now can truly tried more than 40 jury trials in multiple Greenville San Francisco provide our clients with first class ser- states and jurisdictions. Houston St. Louis vice coast to coast.” Both lawyers have been listed in Indianapolis St. Thomas The “right lawyers” are David Symes Chambers USA’s “America’s Leading Jackson Tampa and Leah Livey, both of whom join Lawyers for Business” in the Labor & Las Vegas Torrance Ogletree Deakins as shareholders. Employment category the last three Los Angeles Tucson Symes, formerly with Perkins Coie in years. “We are extremely fortunate to Kansas City Washington, D.C. Portland, represents employers in litiga- have two accomplished attorneys as part www.ogletreedeakins.com tion and arbitration across a variety of of our firm and leading our efforts in industries. He has successfully handled the Pacific Northwest,” Ebert said. AGENCY ACTION JULY/AUGUST 2010 EXECUTIVE ORDER 13496 (EMPLOYEE POSTING RULE) UPDATE Answers To Employers’ Common Questions Executive Order 13496’s employee 52.222-99 or -40, and you determine tice contained on the Office of Labor- notice posting requirement became ef- that you are covered by FAR’s provi- Management Standards’ website. fective June 21, 2010. While no clause sions, the notice must be posted where Q: May I post the notice electroni- implementing the requirement has employees covered by the National cally instead of posting it physically been finalized by the Federal Acquisi- Labor Relations Act (NLRA) “engage in in my workplace? tion Regulation (FAR) Councils, an contract-related activity.” Employees A: No. Electronic posting cannot interim clause has been issued. Below not covered by the NLRA include agri- be used as a substitute for physical are common questions regarding this cultural laborers, domestic workers, in- posting. new requirement for federal contractors dependent contractors, supervisors, and Q: Are there any exemptions to hav- and subcontractors. employees who work for employers ing to post the notice? Q: Where do I have to physically subject to the Railway Labor Act (RLA). A: Yes. The posting requirements do post the notice in my building? Whether or not you are currently not apply to: (1) federal contracts en- A: When and if you receive a con- “non-union” does not matter in deter- tered into before June 21; (2) contracts tract or subcontract containing FAR mining whether the employee notice entered into after June 21 that do not must be posted; the trigger for posting include FAR 52.222-99 or -40; (3) con- is having a covered federal contract or tracts below $100,000 or subcontracts subcontract. below $10,000 which are not neces- Q: Must I post the employee notice sary to the performance of the prime electronically? contract; (4) contracts/subcontracts for A: The final rule requires that you work exclusively performed outside of physically post the employee notice the United States; (5) grants or loans © 2010 and post it electronically if you “cus- (such as Medicare and Medicaid) that tomarily” electronically post notices constitute “federal financial assis- Publisher regarding the terms and conditions of tance”; (6) states or political subdivi- Joseph L. Beachboard employment (e.g., your employee hand- sions; and (7) companies subject to Managing Editor book is online, or you customarily cor- the RLA. Other exemptions also may Stephanie A. Henry respond with employees regarding apply. work issues via email). If you do post For additional information, visit our Reproduction the notice electronically, you must post website at www.ogletreedeakins.com/ This is a copyright publication. a “prominent” link to the employee no- publications. No part of this bimonthly publica- tion may be reproduced or transmit- XXXXX ted in any form or by any means, electronic or mechanical, including VETS-100 REPORTING MAY COST CONTRACTORS photocopy, recording, or any infor- Court Finds Liability Under False Claims Act mation storage and retrieval system, without written permission. A federal appellate court recently ruled that a government contractor could be held liable under the False Claims Act (FCA) for knowingly or recklessly failing Disclaimer to comply with its VETS-100 reporting obligations. The practical significance of The articles contained in this pub- this decision is that if employees of government contractors submit inaccurate lication have been abridged from VETS-100 reports or neglect to file the reports altogether, liability may exist laws, court decisions, and adminis- under the FCA. Kirk v. Schindler Elevator Corp., No. 09-1678-cv, Second Circuit trative rulings and should not be Court of Appeals (April 6, 2010). construed or relied upon as legal Daniel Kirk, a Vietnam veteran, worked as a management-level employee for a advice. If you have questions con- predecessor of Schindler Elevator Corp. When Schindler merged with Kirk’s em- cerning particular situations and specific legal issues, please contact ployer, the reorganization left Kirk in a non-managerial position, from which he your Ogletree Deakins attorney. This promptly resigned. Kirk then filed a lawsuit in federal court, claiming that Schindler publication can be considered ad- Elevator defrauded the government by failing to comply with the Vietnam Era vertising under applicable laws. Veterans Readjustment Assistance Act (VEVRAA). VEVRAA requires that federal contractors submit VETS-100 reports, which provide information on the number of Additional Information veterans employed by the contractor. To request further information The Second Circuit Court of Appeals found that the facts as alleged by Kirk or to comment on an article, please showed that Schindler Elevator had no mechanism in place to identify veterans call Stephanie Henry at (310) 217- 0130. For additional copies or covered by VEVRAA. Thus, the company had knowingly supplied a false record, address changes, contact Marilu the court held, because it had nothing upon which to base the information in its Oliver at (404) 870-1755. VETS-100 reports. As a result, the court reinstated Kirk’s lawsuit . For a full analysis of this case, visit www.ogletreedeakins.com/publications. 2 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. STATE ROUND-UP JULY/AUGUST 2010 Ogletree Deakins State Office Round-Up ALABAMA INDIANA* NORTH CAROLINA The Eleventh Circuit The Seventh Circuit The Fourth Circuit Court Court of Appeals re- Court of Appeals recent- of Appeals recently held cently dismissed a law- ly held that an Indiana that an employer must suit brought by a former manager health care provider’s policy of com- pay severance benefits to its former for the Tuscaloosa Housing Author- plying with patients’ wishes to be president and CEO.
Load more

Recommended publications
  • Zombie Contracts, Dark Patterns of Design, and 'Documentisation'
    A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Cornelius, Kristin B. Article Zombie contracts, dark patterns of design, and 'documentisation' Internet Policy Review Provided in Cooperation with: Alexander von Humboldt Institute for Internet and Society (HIIG), Berlin Suggested Citation: Cornelius, Kristin B. (2019) : Zombie contracts, dark patterns of design, and 'documentisation', Internet Policy Review, ISSN 2197-6775, Alexander von Humboldt Institute for Internet and Society, Berlin, Vol. 8, Iss. 2, pp. 1-25, http://dx.doi.org/10.14763/2019.2.1412 This Version is available at: http://hdl.handle.net/10419/214079 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. https://creativecommons.org/licenses/by/3.0/de/legalcode www.econstor.eu INTERNET POLICY REVIEW Journal on internet regulation Volume 8 | Issue 2 Zombie contracts, dark patterns of design, and ‘documentisation’ Kristin B.
    [Show full text]
  • Federal Trade Commission Washingto , D.C
    UN ITED STATES OF AMERICA FEDERAL TRADE COMMISSION WASHINGTO , D.C. 20580 OFFICE OF TH E CHAIRWOMAN December 8, 2016 The Honorable David Vitter Chairman Committee on Small Business and Entrepreneurship United States Senate Washington, DC 20510 Dear Chairman Vitter: We submit this ninth annual report in accordance with Section 212(a)(6) of the amended Small Business Regulatory Enforcement Fairness Act (the "Act"). 1 This statute requires agencies to publish guides to assist small entities in complying with rules that significantly affect them. The Federal Trade Commission ("Commission" or "FTC") has a longstanding and effective business education program,2 and only a small fraction of our business education library is discussed in this report. From July 1, 2015 to July 1, 2016, the FTC issued no final rules that are subject to Section 212 of the Act.3 Over that time period, the Commission also certified to the Small Business Administration that certain other final regulations issued would not have a significant economic impact on a substantial number of small business entities. Nonetheless, the Commission has either made available or is preparing updated compliance materials for small businesses for several ofthese rulemakings, although not required to do so by the Act. Some examples are set out below: • Telemarketing Sales Rule ("TSR"), 16 C.F.R. § 310: Following a public comment period, the Commission amended the TSR to define and prohibit the use of certain payment methods in all telemarketing transactions; expand the scope ofthe advance fee ban for recovery services; and clarify certain provisions of the Rule. 80 Fed.
    [Show full text]
  • UNIVERSITY of CALIFORNIA Los Angeles Preventing a Zombie
    UNIVERSITY OF CALIFORNIA Los Angeles Preventing a Zombie Contract Apocalypse with a Document-Engineered Approach to Standard Form Consumer Contracts (SFCCs) A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Information Studies by Kristin Breanne Cornelius Way 2019 © Copyright by Kristin Breanne Cornelius Way 2019 ABSTRACT OF THE DISSERTATION Preventing a Zombie Contract Apocalypse with a Document-Engineered Approach to Standard Form Consumer Contracts (SFCCs) by Kristin Breanne Cornelius Way Doctor of Philosophy in Information Studies University of California, Los Angeles Professor Johanna R. Drucker, Chair Standard form consumer contracts (SFCCs) between consumers and businesses are recognized as ‘standard form’ so as to increase the efficiency of transactions and save costs, which are ostensibly passed on to consumers. Since one party is generally less powerful in terms of access to information and resources, these contracts are often acknowledged as imbalanced. SFCCs in various forms (e.g., terms of terms of service agreements, data policies, copyright policies, acceptable use policies) have been implicated in the wrongdoing of many widely-used service platforms and thus have been at the center of concern for consumer rights in recent years. While some have characterized these issues as a lack of understanding by claiming adherents have a ‘duty to read,’ or as drafters’ responsibility for egregious terms and weak disclosures, this project suggests at least part of the issues exist from a lack of consideration of the document itself—and ii a performance (or de-performance) of its physical characteristics to some end in a digital environment.
    [Show full text]
  • The Post of Vice-Chancellor, University of Jaffna Professor V.Tharmaratnam, Age 80
    The Post of Vice-chancellor, University of Jaffna Professor V.Tharmaratnam, age 80; former Professor of Mathematics at the University of Colombo and later at the University of Jaffna, and is presently a member of the Council, University of Jaffna. Professor Tharmaratnam had ‘Appeared in Person’ in the Supreme Court Case SC Appeal 87/09 and in that case the Supreme Court gave him an opportunity to make oral and/or written submissions on 2nd September, 30th September and 18th November, 2010 against the FIVE BENCH judgment in SC Appeal 101- A/2009 of S.Rajendra Chettiar and others v Sitranjan Chettiar and others, which was decided on 10th June, 2010. He expressed his opinion at the Council meeting held on 25th February, 2017 that Professor Thiagalingam’s application should be accepted and voted at the elections held on 26th February, 2017 after stating that he is participating in the elections without prejudice to his rights to pursue his legal opinion. Professor Tharmaratnam’s written opinion based on his presentation to the Council on 25th February 2017 is given below. Legal Opinion: The Post of Vice-Chancellor, University of Jaffna was advertised on the 25th of November 2016, with 3 p.m., on 16th January 2017 as the closing time. Applications were invited by Hand or by Registered Post and there was a note that applications received after the closing time will not be considered. Professor Sam Thiagalingam from Boston University, U.S.A. had posted his application on the 27th of December, 2016 and the application was received at the University of Jaffna on the 18th of January, 2017 As the University of Jaffna had specified Registered Post as a medium of transmission for applications the following questions arise… i.
    [Show full text]
  • Diploma in Terminal Management
    The Barrie Guide to the Law of Contract 2018 Volume One Barrie Goldstone Head of the School of Law London Metropolitan University CONTENTS PART 1: REACHING AN AGREEMENT 1 INTRODUCTION 2 THE PHENOMENON OF AGREEMENT PART 2: THE MEANING OF LEGALLY BINDING 3 LEGAL AND EQUITABLE REMEDIES PART 3: THE FORMALITIES OF A CONTRACT 4 CONTRACTS WHICH REQUIRE NO FORMALITIES 5 CONTRACTS WHICH MUST BE IN WRITING 6 ELECTRONIC CONTRACTS PART 4: TYPES OF CONTRACT 7 UNILATERAL AND BILATERAL CONTRACTS 8 EXECUTORY AND EXECUTED CONTRACTS PART 5: THE ELEMENTS OF A CONTRACT 9 THE CLASSIC FORMULA 10 NON-TRADITIONAL AGREEMENTS PART 6: MAKING AN OFFER 11 THE WORDING OF AN OFFER 12 AUCTION SALES 13 TENDERS 14 TIMETABLES AND PASSENGER TICKETS 15 SHOP DISPLAYS AS INVITATIONS TO TREAT 16 NEWSPAPER ADVERTISEMENTS 17 UNILATERAL OFFERS 18 WEBSITE CONTRACTS: E-COMMERCE PART 7: ENDING AN OFFER 19 INTRODUCTION 20 ACCEPTANCE 21 LAPSE OF TIME 22 REJECTION/ COUNTER OFFER 23 DEATH 24 REVOCATION OF BILATERAL OFFERS 25 REVOCATION OF UNILATERAL OFFERS PART 8: ACCEPTING AN OFFER 26 ACCEPTANCE OF BILATERAL OFFERS 27 WITHDRAWING AN ACCEPTANCE 28 ACCEPTANCE OF UNILATERAL OFFERS 2 PART 9: CONSIDERATION 29 THE DOCTRINE OF CONSIDERATION 30 THE MEANING OF CONSIDERATION 31 THE VALUE OF CONSIDERATION 32 PAST CONSIDERATION 33 THE RULE IN LAMPLEIGH v BRAITHWAIT: The Implied Assumpsit 34 PERFORMANCE OF AN EXISTING LEGAL DUTY 35 PERFORMANCE OF AN EXISTING CONTRACTUAL DUTY 36 WILLIAMS v. ROFFEY 37 WILLIAMS v. ROFFEY EXPANDED 38 WILLIAMS v. ROFFEY DISTINGUISHED 39 EXISTING CONTRACTUAL DUTIES WITH THIRD PARTIES 40 PART PAYMENT OF DEBT 41 LIMITATIONS ON THE COMMON LAW RULE PART 10: PROMISSORY ESTOPPEL 42 THE LEGAL PRINCIPLE 43 THE EQUITABLE PRINCIPLE 44 THE THREE REQUIREMENTS OF PROMISSORY ESTOPPEL 45 PART PAYMENT OF DEBT: High Trees 46 THE SUSPENSORY EFFECT OF ESTOPPEL 47 A SHIELD AND NOT A SWORD PART 11: INTENTION TO CREATE LEGAL RELATIONS 48 THE GENERAL RULES 49 DOMESTIC AGREEMENTS 50 COMMERCIAL AGREEMENTS 3 PART 1: REACHING AN AGREEMENT 1 INTRODUCTION 1.1 All commercial law is based on the law of contract.
    [Show full text]
  • Bradley Arant Rose & White
    BRADLEY ARANT BOULT CUMMINGS LLP Third Quarter 2012 CONSTRUCTION AND PROCUREMENT LAW NEWS Recent federal, state, and local developments of interest, prepared by the firm’s Construction and Procurement Group: James F. Archibald, III Jonathan Cobb Rick Humbracht (n) Steven A. Pozefsky (d.c.) Frederic L. Smith, Jr. David H. Bashford (c) F. Keith Covington Aman Kahlon J. David Pugh H. Harold Stephens (h) Charlie Baxley Joel Eckert (n) Michael W. Knapp (c) Bill Purdy (j) Robert J. Symon (d.c.) Ryan Beaver (c) Eric A. Frechtel (d.c.) Michael S. Koplan (d.c.) Alex Purvis (j) David K. Taylor (n) Aron Beezley (d.c.) Ralph Germany (j) Arlan D. Lewis Jerry Regan (d.c.) C. Samuel Todd Axel Bolvig, III Daniel Golden (d.c.) Tom Lynch (d.c.) Lewis Rhodes (d.c.) Darrell Clay Tucker, II Joel E. Brown John Mark Goodman Luke D. Martin E. Mabry Rogers D. Bryan Thomas Stanley D. Bynum John W. Hargrove David W. Owen Brian Rowlson (c) Paul S. Ware Robert J. Campbell Jonathan B. Head Douglas L. Patin (d.c.) Walter J. Sears III James Warmoth (c) Michael P. Huff (h) Vesco Petrov Eric W. Smith (n) Monica Wilson (c) CBCA Imposes Damages for Prime quirements are common in Federal procurements, and Contractor’s Failure to Self-Perform at Least the agencies administering Federal contracts are in- 50% of Contract Work creasingly insistent on enforcement of the requirement. The stated rationale is to assure the general contractor’s Recently, in what apparently is a case of first “adequate interest and supervision of the work.” impression, the U.S.
    [Show full text]
  • FTC Rule Compliance Guides for Small Businesses and Other Small
    FEDERAL TRADE COMMISSION WASHINGTON, D.C. 20580 THE CHAIRMAN May 24, 2018 The Honorable James Risch Chairman Committee on Small Business and Entrepreneurship United States Senate Washington, DC 20515 Dear Chairman Risch: We submit this tenth annual report in accordance with Section 212(a)(6) of the amended Small Business Regulatory Enforcement Fairness Act (the "Act"). 1 This statute requires agencies to publish guides to assist small entities in complying with rules that significantly affect them. The Federal Trade Commission ("Commission" or "FTC") has a longstanding and effective business education program,2 and only a small fraction of our business education library is discussed in this report. From July 1, 2016 to July 1, 2017, the FTC issued no final rules that are subject to Section 212 of the Act.3 Over that time period, the Commission also certified to the Small Business Administration that certain other final regulations issued would not have a significant economic impact on a substantial number of small business entities. Nonetheless, the Commission has either made available or is preparing updated compliance materials for small businesses for several ofthese rulemakings, although not required to do so by the Act. Some examples are set out below: • Used Motor Vehicle Trade Regulation Rule ("Used Car Rule"), 16 C.F.R. § 455: The Used Car Rule, first effective in 1985, requires car dealers to display a window sticker, or "Buyers Guide," on used cars offered for sale. On November 18, 2016, the Commission issued a final rule that
    [Show full text]
  • Inventory of Consumer Protection Laws, Policies and Practices Applied to Electronic Commerce”, OECD Digital Economy Papers, No
    Please cite this paper as: OECD (2001-02-28), “Inventory of Consumer Protection Laws, Policies and Practices Applied to Electronic Commerce”, OECD Digital Economy Papers, No. 54, OECD Publishing, Paris. http://dx.doi.org/10.1787/234054742628 OECD Digital Economy Papers No. 54 Inventory of Consumer Protection Laws, Policies and Practices Applied to Electronic Commerce OECD Unclassified DSTI/CP(2000)5/FINAL Organisation de Coopération et de Développement Economiques Organisation for Economic Co-operation and Development 28-Feb-2001 ___________________________________________________________________________________________ English - Or. English DIRECTORATE FOR SCIENCE, TECHNOLOGY AND INDUSTRY Unclassified DSTI/CP(2000)5/FINAL COMMITTEE ON CONSUMER POLICY INVENTORY OF CONSUMER PROTECTION LAWS, POLICIES AND PRACTICES APPLIED TO ELECTRONIC COMMERCE English - Or. English JT00103535 Document complet disponible sur OLIS dans son format d’origine Complete document available on OLIS in its original format DSTI/CP(2000)5/FINAL INVENTORY OF CONSUMER PROTECTION LAWS, POLICIES AND PRACTICES APPLIED TO ELECTRONIC COMMERCE Note by the Secretariat In keeping with the objectives of the OECD Guidelines for Consumer Protection in the Context of Electronic Commerce and to complement the Committee’s ongoing work on electronic commerce issues, the Committee developed this comprehensive inventory of existing consumer protection laws, fair business, fair marketing and disclosure requirements.1 The inventory will serve as a starting point to gather and exchange information as government and private sector consumer policies and initiatives are reviewed, formulated, and implemented online. While a number of private sector initiatives to protect online consumers both exist and are under development, the inventory will not attempt to cover these efforts. Neither will the inventory attempt to cover the issues of privacy protection2, content3, or authentication and certification4 as the OECD has already produced recent inventories of these issues.
    [Show full text]
  • National Labor Relations Board
    Vol. 76 Tuesday, No. 168 August 30, 2011 Part II National Labor Relations Board 29 CFR Part 104 Notification of Employee Rights Under the National Labor Relations Act; Final Rule VerDate Mar<15>2010 18:19 Aug 29, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30AUR2.SGM 30AUR2 mstockstill on DSK4VPTVN1PROD with RULES2 54006 Federal Register / Vol. 76, No. 168 / Tuesday, August 30, 2011 / Rules and Regulations NATIONAL LABOR RELATIONS mutual aid or protection, and shall also have The Board suggested a number of BOARD the right to refrain from any or all such reasons why such a knowledge gap activities[.] could exist—the low percentage of 29 CFR Part 104 In Section 1, 29 U.S.C. 151, Congress employees who are represented by RIN 3142–AA07 explained why it was necessary for unions, and thus lack an important those rights to be protected: source of information about NLRA Notification of Employee Rights Under The denial by some employers of the right rights; the increasing proportion of the National Labor Relations Act of employees to organize and the refusal by immigrants in the work force, who are some employers to accept the procedure of unlikely to be familiar with their AGENCY: National Labor Relations collective bargaining lead to strikes and other workplace rights; and lack of Board. forms of industrial strife or unrest, which information about labor law and labor ACTION: Final rule. have the intent or the necessary effect of relations on the part of high school burdening or obstructing commerce[.] * * * students who
    [Show full text]
  • Thirty-Sixth Day
    Wednesday, March 14, 2001SENATE JOURNAL 699 THIRTY-SIXTH DAY WEDNESDAY, MARCH 14, 2001 PROCEEDINGS The Senate met at 11:00 a.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Madla, Moncrief, Nelson, Ogden, Shapiro, Shapleigh, Sibley, Staples, Truan, Van de Putte, West, Whitmire, Zaffirini, Mr. President. Absent-excused: Wentworth. The President announced that a quorum of the Senate was present. The Reverend John Philip McLarty, First United Methodist Church, Holliday, offered the invocation as follows: O God, our story as Your creation is filled with stories of those who have been called to be leaders. I stand before You this morning, Lord, to lift up this body, these men and women of our state's Senate. I pray that their actions and decisions be guided by Your divine will. I pray for our Governor and Lieutenant Governor and their families. I also pray for these Senators and their families. May they see the purpose of the time they spend doing the work of representing the people. God, I pray especially for my friend Tom Haywood, for his continued strength and for the health of his family. May his example of integrity and faithful service be a guiding model to his colleagues. And, Lord, I pray for the citizens of this great state. Guide us as a people to recognize those leaders who are authentic: men and women who care for Your people and can walk in their footsteps, who suffer in their sorrows and celebrate in their happiness, who share in their dreams and seek to journey with them toward their common destination.
    [Show full text]
  • Review Questions
    REVIEW QUESTIONS TRUE/FALSE QUESTIONS (CIRCLE THE CORRECT ANSWER) 1. T F An offeror can propose either a unilateral or bilateral contract. 2. T F The offer for a unilateral contract is a promise. 3. T F If the offer is for a bilateral contract, the offeree must have knowledge of the offer before responding with a promise. 4. T F If an offer is for a unilateral contract, the offeree’s performance is acceptance of the offer even though the offeree performed without learning of the offer until after completing the requested performance. 5. T F The “preexisting duty” rule, which applies to consideration for the promisor’s promise, does not apply to consideration for the promisee’s promise or performance. 6. T F Under the common law, the offeree may accept the offer without agreeing to all of the offeror’s terms. 7. T F Alfred sent a letter promising to purchase Jan’s 1965 T-Bird for Jan’s promise to sell for $5,500. Jan wrote Alfred that she would sell for $5,500 if Alfred would let her drive it in one more road rally. Under the common law, the offer has been accepted. 8. T F The offeror is master of the offer and controls the terms of the contract. 9. T F Under the common law mirror image rule, the offeree cannot change the terms of the offer without rejecting the offer. 10. T F The preprinted terms on the forms used in commercial transactions are called “armor plate.” 11. T F When the offeror and the offeree say the same thing but mean different things, the party proving by a preponderance of the evidence that his or her meaning coincides with the reasonable person’s perception prevails.
    [Show full text]
  • Comments of the Antitrust Law Section of the American Bar Association in Connection with the Federal Trade Commission Workshop O
    COMMENTS OF THE ANTITRUST LAW SECTION OF THE AMERICAN BAR ASSOCIATION IN CONNECTION WITH THE FEDERAL TRADE COMMISSION WORKSHOP ON “NON-COMPETES IN THE WORKPLACE: EXAMINING ANTITRUST AND CONSUMER PROTECTION ISSUES” April 24, 2020 The views expressed here are on behalf of the American Bar Association’s Antitrust Law Section. They have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and unless otherwise noted, should not be construed as representing the policy of the American Bar Association. TABLE OF CONTENTS Page Executive Summary ........................................................................................................................ 1 Introduction ..................................................................................................................................... 3 Topic 1: Justifications for Non-Compete Clauses in Employment Agreements............................ 4 A. Historical Context ................................................................................................................. 5 B. Protection of Trade Secrets .................................................................................................. 9 C. Protection of Customer Relationships ................................................................................ 11 D. Restrictions on Unique Employees .................................................................................... 12 E. Restrictions After Employee Training ..............................................................................
    [Show full text]