Monthly Archives: December 2019

Rainmaking Recommendation from Jaimie Field: The End and the Beginning

As we come to a close on 2019 (and the decade), rainmaking expert and trainer, Jaimie Field brings us a very personal post that will also help you build your roadmap to kick off 2020 on the right note.

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We are so close to the end of the year.  But not only that, we are so close to the end of a decade.

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Second Circuit Approves Offers of Judgment in FLSA Cases

On December 6, 2019, the Second Circuit Court of Appeals held that judicial approval is not required for offers of judgment to settle Fair Labor and Standards Act (“FLSA”) claims made pursuant to Federal Rule of Civil Procedure 68(a). This development may provide employers with a valuable strategic tool for use in FLSA cases, as least in the Second Circuit, allowing the parties to include terms in offers of judgment that the courts might disallow were court approval required.

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ILN Firm of the Month – McDonald Hopkins LLC, Ohio!

The ILN is proud to announce our latest firm of the month, McDonald Hopkins LLC, Ohio!
Attorney Insight. Business Foresight.®
As McDonald Hopkins approaches its 90th anniversary in 2020, we are continuing our commitment to providing insight for the challenges at hand, and foresight for the next generation of business. We have thrived as a law firm because of our long-lasting relationships with businesses and individuals who share our entrepreneurial spirit. We work best with people who understand that it takes passion and hard work to build a successful business from the ground up. Our attorneys and professionals continue to help clients navigate some of the most challenging and timely issues affecting their businesses. As the times change and world evolves, we vow to continue to innovate, grow, and embrace new ways of doing business.
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Selling Your Products on US Online Marketplaces

Before you begin selling your products on a U.S. online marketplace like Amazon, Etsy or Rakuten, there are three intellectual property considerations to make: clearance, acquisition and enforcement. This article provides a summary of all three considerations and includes steps to take to help mitigate risk, decrease instances of infringers and position your product for success from a U.S. perspective.

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NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems

On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor Relations Act. The 3-1 decision in Caesars Entertainment Corp d/b/a Rio All-Suites Hotel and Casino, NLRB Case No. 28-CA-060841, overturns the Board’s 2014 decision in Purple Communications, which held that work rules prohibiting employees from using employer-provided email systems for union activity were presumptively invalid.

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The Board Restores Balance in Collective Bargaining by Reinstating Employers’ Ability to Unilaterally Cease Dues Checkoff After Contract Expiration

Approximately four years ago, during the Obama Administration, the National Labor Relations Board upended decades of well-settled precedent by making it unlawful for employers to unilaterally cease dues checkoff after contract expiration.  This week, the Republican-majority Board in Valley Hospital Medical Center, Inc. reversed that unprincipled departure from established precedent and restored balance and stability in collective bargaining negotiations.

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ILN Today Post

New Fair Warning Act of 2019 would impact more small businesses

On November 20, 2019, Rep. Tim Ryan (D-OH) proposed legislation that would require more small businesses to give their employees an advance warning before closing their doors.

H.R. 5205, the Fair Warning Act of 2019, which is supported by Sen. Sherrod Brown (D-OH) and Sen. Chuck Schumer (D-NY), would amend a 1988 law called the WARN Act (Worker Adjustment and Retraining Notification Act).  The WARN Act currently requires employers to give 60 days advance notice to employees who may experience an employment loss due to a plant closing or mass layoff that effects 50 or more full–time employees at a single site of employment. An employer under the WARN Act must have at least 100 or more full-time employees. Read more…

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Take 5 Newsletter: Five Quick Tips on Wage and Hour Compliance

It seems as though there is a minefield that employers must navigate to ensure that they fulfill their wage and hour obligations to their employees. Employers must somehow comply with overlapping and seemingly contradictory federal, state, district, county, and local requirements. The wave of civil actions that are filed against employers alleging wage and hour violations is not slowing. And given the potential financial consequences for non-compliance, illustrated in part by a $102 million award for technical paystub violations, meeting these requirements must be a priority for all employers.

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New London Connecticut Superior Court Jury Awards $839,423 Verdict for Theft of U.S. Navy Underwater Drone Project Trade Secrets

A New London Connecticut Superior Court jury awarded an $839,423 verdict in November 2019, involving theft of trade secrets for a $70 million U.S. Navy underwater drone project. This case, LBI, Inc. v. Sparks, et al., KNL-cv12-6018984-S, is a classic example of the blatant theft of an employer’s confidential and proprietary information that is so easily traceable to electronic files – and the costly consequences for the defendant employer’s complicity in that trade secret misappropriation.

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Relationship Development During the Holidays

Are we feeling that holiday spirit yet??

No matter what you celebrate, or don’t celebrate, this time of year feels like a CRUNCH. We’re all rushing around, trying to finish end of the year projects, and planning for next year is already underway. You probably have seen a lot of “end of the year” posts already, and I’m adding this one to the mix.

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