In Alabama, non-compete agreements must be signed during employment, not before

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Many employers require employees to sign non-compete agreements as a condition of employment.  Although any non-compete agreement is strictly construed by the courts to ensure compliance with Alabama law, one issue that arises on occasion is when a non-compete agreement can be signed in Alabama, and still be valid. Last week, the 11th Circuit CourtRead More

What does the Hobby Lobby case really mean for Alabama employers?

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Last week, I posted a brief synopsis of the Supreme Court’s (SCOTUS) 5-4 decision in the Hobby Lobby case.  After reviewing the 89 pages of the majority and minority opinions, the question remains: What does the HL case really mean for Alabama employers?  The following is a more in-depth analysis of the decision and theRead More

What you need to know about Alabama’s new expungement of criminal records statute

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Effective July 6, 2014, residents of Alabama can have records of certain arrests expunged.  This will help potential employees who are applying for jobs by permitting them to legally answer “no” to questions concerning arrests on job applications if the record has been expunged.  Although the EEOC, in its’ Enforcement Guidance, states that “an arrestRead More

Supreme Court issues opinion in Hobby Lobby: Affordable Care Act implications

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On Monday, June 30, 2014, the US Supreme Court issued its opinion in the Hobby Lobby case.  In a 5-4 opinion totaling over 95 pages, (Justice Alito delivered the opinion, with Justice Kennedy filing a concurring opinion, while Justice Ginsburg and Justices Kagan/Breyer filed dissenting opinions) the Supreme Court ruled that solely in the contextRead More

More sexual misconduct in the military: Lessons to be learned by employers

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Earlier this year, I posted about Lt. Col. Joseph Morse, Chief Trial Counsel Assistance Program at Fort Belvoir, Va., who supervised 23 of the Army’s special victim prosecutors.  He was suspended from his position after one of the female lawyers under his command alleged that he attempted to kiss and grope her, against her will,Read More

Americans with Disabilities Act: Public access suits gaining ground

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Last month, I wrote about the large number of public access Americans with Disabilities Act (ADA) lawsuits being filed in Alabama against various businesses, such as restaurants and hotels.  On June 1, Leslie Gordon with the American Bar Association published an article entitled “Noncompliance.  Banks face a slew of suits over their ATMS.”  Ms. GordonRead More

Employers cannot dump workers into health exchanges says IRS

Healthcare Concept

According to the New York Times, the IRS ruled last month that employers may not shift health care costs by “sending their employees to a health insurance exchange with a tax-free contribution of cash to help pay the premiums”.  Under existing law, when employers provide health care coverage to employees, the cost of the insuranceRead More