Labor Days

News and analysis from Kelley Drye’s labor and employment practice

NY Attorney General Sends a Message: Re-Think Non-Compete Agreements

New York employers be warned – your non-compete agreements may be under attack. The office of the New York Attorney General (AG), Eric Schneiderman, has recently reached settlements with two different companies that…

Third Circuit Affirms Employer’s Right To Provide Truthful Information In Response To Reference Request Without Liability To Former Employee

In a recent unpublished decision by the Third Circuit Court of Appeals, the Court affirmed the lower court and held that a former employee could not maintain legal claims against his former employer, based on truthful…

“Cooperation is Key” - Second Circuit Affirms Employer’s Ability to Fire an Employee for Refusal to Cooperate In an Internal Investigation

In 2004, as then NY Attorney General Elliot Spitzer focused his efforts to root out fraud in an insurance brokerage giant, Marsh & McLennan, two Marsh executives, William Gilman and Edward McNenney, were caught in his…

The Defend Trade Secrets Act Signed into Law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA), which overwhelmingly passed the U.S. Congress last month. The DTSA provides, for the first time, a federal civil private right of…

The Fourth Circuit Court of Appeals Sets Precedent, Undermining Rationale For Anti-Transgender Legislation and Policies

On Tuesday, the Court of Appeals for the Fourth Circuit issued a 2-1 ruling in Grimm v. Gloucester County School Board, No. 15-2056, finding that a transgender student has the right to sue his school board under Title…