Tuesday, June 10th, 2008

Bans on Workplace Discussion of Employee Wages

Alaska employers, big and small, often try to bar their employees from discussing their wages.  This practice has been illegal for years (since at least 1992), as the NLRB recently emphasized:
[A]n employer rule which regards employee compensation and benefit information as confidential and prohibits employees from discussing such information with one another violates Section 8(a)(1) […]

Tuesday, June 10th, 2008

Duration of Non-compete Agreement

A recent 9th Circuit opinion (unpublished) reminds that a non-compete agreement with an unqualified lifespan underprotects the employer.  Rather, the agreement should expressly provide that term of the non-compete covenant will be extended by the period of time that a court or other forum determines the ex-employee has been in breach of the agreement.  

Tuesday, June 10th, 2008

U.S. Supreme Court Affirms the Ninth Circuit: Court Rejects ‘Class of One’ Theory for Public Employees

Introduction
The United States Supreme Court issued a new opinion on June 9, 2008, addressing the so-called “class of one” claim in the context of public employment law. This summary briefly reviews the opinion and its significance.

The Case

Anup Engquist worked for the Oregon Department of Agriculture. Following a layoff, she filed suit alleging employment discrimination and […]