In a time of uncertainty regarding the status of noncompete agreements and confidentiality provisions, employers and employees alike may face confusion and concern when it comes to employment separation. In her latest blog, KingSpry’s Employment Law Chair, Avery E. Smith outlines must-have provisions and discusses how employers can offer mutually-agreeable and legally-enforceable … [Read more...] about Guidance for Employers on Drafting Legally Enforceable & Amicable Severance Agreements
Employment News
The United States Securities and Exchange Commission Disapproves Stifling Non-Disclosure Agreements
In September 2023, the U.S. Securities and Exchange Commission (SEC) charged two companies for their violation of the SEC’s whistleblower protection rule. These charges follow months of state and federal action to uphold employees’ rights where they may be violated in employment agreements. KingSpry’s Employment Law Chair, Avery E. Smith, details the SEC’s recent actions and provides guidance … [Read more...] about The United States Securities and Exchange Commission Disapproves Stifling Non-Disclosure Agreements
Guidance for Districts When Addressing Federal Form I-9 and Applicants With Work Visas
Subsequent to October 31, 2023, the previous version of Form I-9 will be obsolete and no longer valid for use. The Form I-9 process is managed by the U.S. Citizenship and Immigration Services (USCIS), and the new I-9 form and instructions are available on the USCIS website now. The updated I-9 form has what the Department of Homeland Security refers to as “formatting improvements,” but … [Read more...] about Guidance for Districts When Addressing Federal Form I-9 and Applicants With Work Visas
Ensuring Compliance with Employment Law this School Year
Employment Law Chair Avery E. Smith details the latest topics in Employment Law, as well as topics that frequently arise in the world of HR. Over the past few months, we have seen movement in the law as it pertains to ADA considerations, pregnant workers, nursing workers, as well as communication and speech. This blog provides guidance for Districts to ensure a smooth and compliant … [Read more...] about Ensuring Compliance with Employment Law this School Year
How Pennsylvania Precedent to Enforce Confidentiality Agreements Based on Continued Employment Protects Employers
In the case of W. Short Home, LLC v. Graeser[1], the United States District Court for the Middle District of Pennsylvania reviewed existing cases where continued employment was deemed consideration for confidentiality agreements. In a time of uncertainty regarding employer’s continued ability to enforce non-competition agreements, KingSpry’s Employment Law Chair, Avery E. Smith, provides … [Read more...] about How Pennsylvania Precedent to Enforce Confidentiality Agreements Based on Continued Employment Protects Employers
The EEOC Takes Action to Further Implement the Pregnant Workers Fairness Act
On August 7, 2023, the United States Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking to implement the Pregnant Workers Fairness Act. KingSpry’s Employment Law Chair, Avery E. Smith details the significance of the recent efforts and what employers need to know to ensure compliance. Recap: What is the Pregnant Workers Fairness Act … [Read more...] about The EEOC Takes Action to Further Implement the Pregnant Workers Fairness Act