This May, the Obama Administration released a report analyzing the use of non-compete agreements in the American economy, potential issues arising from such use, and the effectiveness of various state responses. This analysis suggests that the misuse of non-competes...
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Wendi Lazar
Hollywood Is Taking the Lead Role in Spotlighting Equal Pay Issues for Women
In a move fitting of her determined "House of Cards" character, actress Robin Wright demanded that she be paid the same salary as her co-star Kevin Spacey - or else she would go public with news of the disparity. Ms. Wright revealed the details of her ultimatum during...
Is a Clawback of a Cash Bonus for Regulated Employees a Restraint of Trade or Denial of Wages Under N.Y. Law?
Over recent weeks, several banks that we are aware of have handed to thousands of their FINRA-regulated employees onerous new clawback agreements with the condition that if they do not sign them they will not receive their 2012 bonuses. This only the beginning of the...
Choice-of-Venue Clause Bites U.S. Expatriate Executive
In a decision dated August 10, 2012, a federal court in Manhattan ordered in Martinez v. Bloomberg LP, No. 11 Civ. 7514 (JMF) (S.D.N.Y. Aug. 10, 2012) that an American executive working overseas for Bloomberg LP was obliged to file his employment-discrimination case...
A Pink Slip Before Christmas Likely Means No Bonus in Your Stocking
Most employees in the financial services industry work all year long to earn an annual bonus, which often represents a major portion of their total compensation for the year. Unfortunately, employees not protected by a contract or an offer letter that specifically...
New PRC Social Insurance Law: Working in China Becomes More Costly to Foreign Employees and Employers
In the past few years China has taken steps in its legislation that have made it more expensive for foreign employers and employees to do business there. The passing of the new PRC Social Insurance Law, which took effect on July 1, 2011 is just one of those steps. The...