California Employee Required To Challenge Non-Compete Clause In Indiana

Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment agreement due to a provision in the agreement identifying Indiana as the parties’ choice of forum and that state’s law as the parties’ choice of law.  The lawsuit, Scales v. Badger Daylighting Corp. (Case No. 1:17-cv-00222-DAD-JLT), was (prior to removal to federal court) filed in California state […]

By | July 11th, 2017 ||

Court Dismisses Class Action Claim Based On Afghan Labor Code

United States lawsuits involving the law of Afghanistan are uncommon, but it is common for employees to bring suit based on work done abroad generally, and not just in that one country. A recent case, however, illustrates that while the United States may be a more convenient forum, even a class action may founder if the law of the host country provides for no relief.

In Allen v. Fluor Corp., Civil Action no. 3:16-CV-1219-D (N.D. Tex. […]

By | July 10th, 2017 ||

Australia: The rise of unregistered organisations and their impact on employers

The rapid rise of an unregistered union in the fast food and retail sectors is causing concern for employers and traditional unions alike.

An application to terminate an enterprise agreement covering 75,000 Coles supermarkets workers by self-represented night fill worker Penny Vickers has become the latest battleground of choice for the unregistered Retail and Fast Food Workers Union (RAFFWU) to challenge Australia’s largest private sector union the Shop, Distributive & Allied Employees Association (SDA).

The SDA […]

By | July 7th, 2017 ||