On January 9, 2012, Governor Chris Christie signed into law the New Jersey Trade Secrets Act, which became effective immediately. As detailed in the November 2011 issue of the New Jersey eAuthority, the Act provides remedies for the misappropriation of trade secrets, and is based on the Uniform Trade Secrets Act. This Act supersedes current common law remedies for misappropriation of trade secrets and allows for recovery based on both actual loss suffered by a plaintiff and unjust enrichment of the defendant caused by the misappropriation of trade secrets. It also provides for injunctive relief. Damages also may include a reasonable royalty for unauthorized disclosure or use of the trade secrets. In cases of willful misappropriation, punitive damages and attorneys’ fees may be awarded. In addition, if a claim for misappropriation is brought in bad faith, attorneys’ fees may be awarded to the defendant. With New Jersey’s passage of the Act, Massachusetts, New York, and Texas remain the lone states that have not yet adopted the Uniform Trade Secrets Act.
Eight years of an Obama Board majority at the National Labor Relations Board (NLRB), now going into its ninth year under the Trump administration where Chairman Philip A. Miscimarra is still in the minority on the Board, have brought about some counterintuitive decisions and pro-union outcomes.
Massachusetts High Court Rules Prong Two of Independent Contractor Test is Severable for FAAAA Preemption Purposes
Massachusetts’s highest court recently issued a decision that impacts the ability of delivery companies operating in the commonwealth to use independent contractors in providing delivery services. In Chambers v. RDI Logistics, Inc., the Massachusetts Supreme Judicial Court (SJC) ruled that the second prong of the state’s three-pronged independent contractor test is preempted by federal law when applied to motor carriers. Significantly, however, the SJC also ruled that the three prongs of the test are severable and that, even when the second prong is preempted, an employer must satisfy the other two prongs to avoid misclassification liability. The SJC ruling aligns with the First Circuit’s decision in Schwann v. FedEx Ground Package Sys., Inc.
Judge Issues Temporary Injunction Blocking Implementation of San Antonio’s Sick and Safety Leave Law
The City of San Antonio’s Sick and Safe Leave ordinance has been enjoined. The ordinance was originally scheduled to go into effect on August 1, 2019, but on July 24, 2019, a Texas state court delayed implementation until December 1, 2019, pending a ruling on a motion for temporary injunction filed by business groups and the state.