A bill (A2493) introduced in the Assembly on March 11 seeks to protect employee rights to ownership and usage of employee inventions developed entirely on an employee’s own time and without using the employer’s resources. The bill would invalidate provisions in employment contracts entered into after the effective date of the Act that require the assignment of any such inventions, unless the invention: (1) relates to the employer’s business or “actual or demonstrably anticipated research or development” or (2) results from any work performed by the employee on behalf of the employer. The bill further provides that if an employee offers to sell all or part of the rights to an invention to his or her employer, the employer shall have no more than nine months to accept or reject the offer. If the employer does not accept, it shall be barred from any further opportunities to acquire any of the rights to that invention.
Upholds Employer’s “Honest Belief” That Employee Committed Disability Fraud A federal appellate court recently upheld the dismissal of a lawsuit brought by an employee who claimed that he was terminated in retaliation for his use of protected leave under the Family and Medical Leave Act (FMLA). According to the Sixth Circuit Court of Appeals, the
On June 4, 2018, the Supreme Court of the United States settled a controversy stemming from a bakery’s refusal to make a cake for a same-sex couple’s wedding reception.
Employers Between a Rock and a Hard Place: Another Puzzling “Status Quo” Case Decided On Other Grounds
The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31, 2015, circumvents a now common problem for employers by relying on individual facts of union animus, but the underlying problem presented in Arc Bridges still lingers.