1 / 17

Legal Rights in the Workplace

Legal Rights in the Workplace. Timothy K. Cutler, Esq. tim@cutlerlegal.com. Practicing 24 Years 10 Years in Los Angeles & 14 Years in Boston Founded CUTLER P.C. in 2004 Founded CUTLER & WILENSKY LLP in 2013 Served as a Mediator Completed Over 30 Trials in 4 States

sitara
Télécharger la présentation

Legal Rights in the Workplace

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Legal Rights in the Workplace

  2. Timothy K. Cutler, Esq.tim@cutlerlegal.com • Practicing 24 Years • 10 Years in Los Angeles & 14 Years in Boston • Founded CUTLER P.C. in 2004 • Founded CUTLER & WILENSKY LLP in 2013 • Served as a Mediator • Completed Over 30 Trials in 4 States • Overseen Legal Matters in 8 States • Represented Start-ups and Emerging Companies in the Areas of Software, Internet, Retail, Engineering and Marketing • Represented Chinese Companies • Creates Legal Entities • Drafts: • Licensing Agreements, Contracts and Employment Agreements • Handles: • Employment Matters, Disputes Between Shareholders, Unfair Business Practices and Contract Disputes • Handles: • Purchase and Sale of Businesses

  3. Connie C. Dai, Esq.connie@cutlerlegal.com • Practice Areas: • Business, Employment and Immigration Law • Handles: • Experience in Cross Border Transactions, Drafting and Reviewing Contracts, Judicial Internship, Employment and Investor Visa and Immigration as well as Naturalization • Business and Financial Consulting with Start-Ups and Established Businesses • Anti-Trademark Infringement Management, Joint Venture Negotiation, and IP Training in Coca-Cola China • NECINA – Fundraising and Public Relations • Education: • J.D. (Suffolk University); MBA (University of Calgary); and B.A. (Shanghai University) • Bar Admissions: • Massachusetts; and New York • Languages: • Native Mandarin; and English

  4. TOPICS TO BE DISCUSSED Employment Agreements Non-Compete Agreements Non-Solicitation Agreements Non-Disclosure Agreements Wage & Hour Issues Misclassifications (Employee v. Independent Contractor) Wrongful Termination (Retaliation and Discrimination) Family Medical Leave Act Whistle-Blowing Severance Unemployment Benefits

  5. Employment Agreements Non-Compete Assignment of Intellectual Property Non-Solicitation of Employees Duration of Employment (At-Will Employees) Arbitration Provision Severance Provision Golden Handcuffs

  6. Non-Compete Agreements Such Agreements Are NOT Favored in the Law Such Agreements Must be for a Legitimate Business Purpose: • Protect Trade Secrets • Protect Confidential Information • Protect Goodwill What Language Should be Included in the Agreement? • Describe the Confidential Information • Reasonable Time and Scope Who Owns Goodwill? • The Court’s General View of Goodwill Contrast to Confidentiality Agreements

  7. Trade Secrets What is a Trade Secret? • Information Not Known to the Public at Large • It Can Be a Compilation of Public Information • Something that Gives a Company a Competitive Edge or Advantage in its Business How Does a Company Protect Its Trade Secrets? • Policies and Procedures • Limit Access to the Trade Secret

  8. Non-Solicitation Agreement • Employees • Contractors • Customers

  9. Non-Disclosure Agreements • What is a Non-Disclosure Agreement? • When are Non-Disclosure Agreements Used? • Venture Capital Investor Reluctant to Sign • What to Look for in a Non-Disclosure Agreement: • Description Of What Is Being Disclosed • The Circumstances Surrounding The Disclosure • Does Not Constitute A License • No Limits On Consequential Damages • Choice Of Law Provisions

  10. Wage & Hour • Treble Damages / Attorneys’ Fees • Minimum wage • Overtime • Commissions • Exempt v. Non-Exempt • File with the Attorney General’s Office

  11. Misclassification (Employee v. Independent Contractor) • Not About Label But Substances • Multiple Factors Determine Degree Of Control • Penalties Of Misclassification On Employers

  12. Family Medical Leave Act (FMLA) • Minimum Of 15 Employees • Minimum Of 1 Year Of Employment • 12 Weeks Unpaid Leave • Illness Of Yourself, Family Member(s) And Care For Children • ADA/Chapter 151A • Massachusetts Small Necessities Act

  13. Whistle-Blowing • Legally Protected Right • Good Faith Belief Is Enough

  14. Severance • By Contract • No Right Under Common Law • Reaffirmation Of Existing Or New Obligation • Release And Waiver Of Rights

  15. Unemployment Benefits • Separation From Work • Discharge • Voluntary Quit • Appeal

  16. Questions?

  17. CUTLER & WILENSKY LLP 10 Milk Street, Suite 720 Boston, MA 02108 www.cutlerlegal.com

More Related