The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000. The case arose out of a concerted effort by the Federal Trade Commission and DOJ, first announced in 2016, to target companies who enter into agreements with competitors to
Staffing
More Than $230,000 Later, Staffing Company Resolves Issues Related to Data Breach
Recently, a staffing company agreed to, among other things, pay Massachusetts $230,000 to settle a lawsuit related to a data breach. In December 2020, the staffing company learned that its network had been compromised. It received communication from a third-party who encrypted files in the staffing company’s network and threatened to publicly release sensitive data. …
Federal Court Upholds Attorneys’ Fee Award Against Former Employees in Ohio Non-Compete Case
Although some departing employees are willing to risk violating their non-competes when they leave a company, a recent court decision reinforced one of the significant dangers that those employees can face in doing so. In this decision, a federal appeals court in Ohio ruled that a former employee who violates a non-compete can be forced…
Court Confirms That Staffing Agency’s Workers’ Comp Policy Shields Customer from Common Law Negligence Claims, Too
An Ohio court of appeals last week confirmed that a primary benefit of using staffing companies – the staffing company’s payment of workers’ compensation premiums covering the loaned employees – shields both the staffing company and its customer from workplace negligence claims.
Ohio’s Eighth District Court of Appeals, in Thomas v. PSC Metals, 2018-Ohio-1630…
House Moves Towards Easing “Joint Employer” Burden
In 2015, the National Labor Relations Board (NLRB) expanded the joint employer doctrine through its controversial decision in Browning-Ferris Industries of California. The House of Representatives will vote today on the “Save Local Business Act” (SLBA), a recent effort advanced in Congress to re-define the concept of “joint employers” for collective bargaining purposes as…
NLRB Facilitates Joint Unionization Between Temporary and Permanent Employees
In a win for organized labor, the National Labor Relations Board (“NLRB”) reinstated a union-friendly standard under which both temporary and permanent employees may collectively bargain as a single unit without employer consent. On July 11, 2016, the NLRB’s 3-1 decision in Miller & Anderson, Inc., 364 NLRB No. 39 (2016), made it easier…