Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Category: P3D Industry Group

Quirky Question #281: Deploying the DTSA

 

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Question: We believe our former employee recently stole some of our trade secrets and went to a competitor.  Can we rely on the Defend Trade Secrets Act to bring suit in federal court?

VIEW ALL POSTS ABOUT: Banking Industry Group, California Questions, Energy Industry Group, Food & Agriculture Industry Group, Health Care Industry Group, Litigation Issues, Mining Industry Group, Misappropriation of Trade Secrets, P3D Industry Group

Quirky Question #278: DOL Doubles the FLSA Salary Basis Threshold

 

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Question: Where can I find more information about the DOL’s doubling of the FLSA salary basis threshold? Did they make other changes? As an employer, what does this mean for me? And how long do I have to prepare?

VIEW ALL POSTS ABOUT: Banking Industry Group, Class and Collective Actions, Energy Industry Group, Food & Agriculture Industry Group, Health Care Industry Group, Mining Industry Group, P3D Industry Group, Wage and Hour Issues

Question #274: Opining on Obesity

 

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Question: We have a large meat processing facility in Northern Minnesota. We were recently hiring for one of our positions in the plant requiring work with large mechanical equipment. Because we consider this position to be safety sensitive, we require candidates for this position to pass a medical examination prior to hire. One of the candidates for the open position...

POSTED IN Disability Discrimination, Employee Handbook / Policies, Food & Agriculture Industry Group, General, Health Care Industry Group, Mining Industry Group, P3D Industry Group

Question #272: Competing in California

 

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Question: One of our company’s employees recently left to start a competing business. We think he started this process while he was still employed by us, and that he is probably using information he learned from us.  We’re in California, so I know we don’t have a non-compete agreement with him.  Do we have any other recourse?

POSTED IN Banking Industry Group, California Questions, Common Law Claims, Employee Handbook / Policies, Energy Industry Group, Food & Agriculture Industry Group, Health Care Industry Group, Mining Industry Group, Misappropriation of Trade Secrets, P3D Industry Group, Post-Employment Restrictive Covenants

Quirky Question #267: An Equine Accommodation?

 

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Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However, yesterday he came in and said he would like to use a miniature horse as a service animal instead of the dog, because it...

VIEW ALL POSTS ABOUT: Disability Discrimination, Employee Handbook / Policies, Health Care Industry Group, P3D Industry Group

Quirky Question #264, Oregon Employers: Beware!

 

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Question: I am an employer in Oregon, and I understand Oregon Governor Kate Brown signed a whole slew of bills into law on Monday which will directly impact Oregon employers. What do I need to know?

VIEW ALL POSTS ABOUT: Background Checks, Banking Industry Group, Criminal Conduct, Energy Industry Group, Food & Agriculture Industry Group, Health Care Industry Group, Leave Issues, Mining Industry Group, P3D Industry Group