Non-competes are going to be harder to enforce in Washington State. On May 8, 2019, Governor Jay Inslee signed the “Act Relating to Restraints, Including Noncompetition Covenants, on Persons Engaging in Lawful Professions, Trades or Businesses,” which was passed by both houses of the state legislature in April.
Monthly Archives: May 2019
Employment Law This Week®: EEOC Pay Data Deadline, Class Arbitration Ruling, Scope of Title VII, Marijuana Drug Test Ban, “Wage Theft” Hearing
This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into May 2019.
First up this month, the confusion is over for employers. EEO-1 pay data does not need to be submitted to the EEOC by the end of the month. In what may be the final chapter of the EEO-1 pay data reporting issue, a federal judge in Washington, D.C., ruled that the deadline would be postponed until September 30, 2019. Our colleague Robert J. O’Hara shares his insights in this month’s episode.
Washington State’s Paid Family and Medical Leave Law to Replace State’s Unpaid Family Leave Law; Premium Collections Begin
Washington State has begun implementing its new Paid Family & Medical Leave program (“PFML”). Other states, such as New Jersey, New York, and Rhode Island already have paid family and medical leave programs in place, and now Washington, Massachusetts and Washington, D.C. are set to join them over the next few years. Although the benefits portion of Washington’s program does not kick in until 2020, employers’ reporting and remitting of premiums for Quarters 1 and 2 are due between July 1 and July 31, 2019.
Masters v Cameron update
The Victorian Court of Appeal has recently handed down its decision in The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd.1 The case involved a dispute as to whether a letter of offer signed by both parties was a binding contract for the sale of property. Ultimately, because the letter of offer was ‘subject to the contract being executed’, the Court found that the letter was not binding.
ASX releases a revised version of Guidance Note 33 Removal of Entities from the ASX Official List
Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters
2018 saw a number of important trademark cases decided across the United States. Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark Trial and Appeal Board (“TTAB”). Royal Crown Co., Inc. v. The Coca-Cola Co., 892 F.3d 1358 (Fed. Cir. 2018) and Omaha Steaks Int’l, Inc. v. Greater Omaha Packing Co., 908 F.3d 1318 (Fed. Cir. 2018) showed that there is overlap in the analysis to be conducted under these two different legal theories and provides important lessons for practitioners to remember.
Howard & Howard has donated to three Michigan nonprofit groups as part of its 150th anniversary “12 Months of Giving” initiative. In honor of Autism Awareness Month, the organizations receiving the contributions are Michigan Autism Partnership, Judson Center, and Ted Lindsay Foundation.
Hall & Wilcox Health and community law alert
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has formally commenced, with the Letters Patent and terms of reference released. This follows a period of consultation since Prime Minister Scott Morrison and Minister for Families and Social Services Paul Fletcher announced the Commission’s establishment on 5 April.
Leading Australian law firm Hall & Wilcox has advised Zebpay, one of the world’s largest crypto exchange operators, on its Australian cryptocurrency exchange operations, which launched on 8 May 2019.
It is common for employers to utilise temporary work visa schemes when employing foreign workers. Often, human resource departments will come across subclass 457 and 482 visa applicants/holders during the recruitment process. While many employers are familiar with their obligations as sponsors, it is also important to understand the obligations which apply to employees who are subclass 457 and 482 visa holders, as a breach of visa conditions may result in visa cancellation and sanctions on the employer.