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More and more employees are leaving their employers and starting their own companies – in many cases to directly compete against their former employer. The law favors competition and limits a company’s ability to restrict the mobility of its employees in the marketplace when they leave the company. If your company has any confidential or trade secret information it relies on to maintain a competitive advantage in the marketplace, then it must have each employee execute what is generally know as a proprietary information agreement.
This agreement will be one of the foundations of any lawsuit the company may need to file if a former employee leaves and is unfairly competing against the company.
Companies also should not underestimate their employee handbook and implementing comprehensive employment policies. The company should have a privacy policy that clearly states that the employees do not have an expectation of privacy in the information that they store or send and receive on their work computers and that the company has the discretion to regularly monitor and review employee computer, email, and Internet usage and the information stored and sent or received on their work computers. These agreements and policies are the company’s first line of defense in protecting its property and competitive advantage.
The company should properly identify and know the scope of all of its confidential, proprietary, and trade secret information.
A comprehensive computer file backup system should allow recovery of lost data caused by computer scrubbing or wiping, or allow the company to determine exactly what potential illegal conduct an employee was engaged in and trying to cover up. If you believe that the departing engaged in some sort of illegal conduct (data theft and related computer scrubbing, use of trade secrets, etc.), promptly assess the damage. If the company is considering legal action against a former employee, make sure any computer evidence is forensically preserved – the company does not want to be accused of destroying or altering evidence. But, if there is no cooperation, the company should quickly initiate legal action including seeking injunctive relief under applicable state or federal law. Today’s technology and competitive marketplace require companies to be more vigilant than ever in protecting their business.
Micha “Mitch” Danzig is a member in Mintz Levin’s San Diego office and practices in the Employment, Labor and Benefits, Litigation, Israel Business and Intellectual Property Sections. Brandon Willenberg is a senior associate in Mintz Levin’s San Diego office, practicing in the Employment, Labor and Benefits Section. His work has focused on litigation in the areas of trade secrets, employee mobility, wrongful termination, discrimination, harassment, contracts, defamation, wage and hour, and unfair competition.
Mitch is a frequent speaker on various employment related topics and has appeared as a guest instructor for the San Diego State University Human Resources Certificate Program. Immediately prior to joining Mintz Levin, Mitch was a partner in the San Diego office of a prominent national litigation firm.
Corporate Compliance Insights is a professionally designed and managed forum dedicated to online discussion and analysis of corporate compliance, risk assessment, ethics, audit, and corporate governance topics.
We understand that having a complaint against your employer can be a stressful situation on a day to day basis. The Fair Labor Standards Act (FLSA) governs overtime pay; state laws may also apply to your workplace. Employers may try to avoid paying overtime wages by misclassifying or reclassifying employees as salaried (exempt) when they should be paid hourly (nonexempt).
If you’re ready to whip out your bright-hued polish to take to your local salon for your summertime pedi, you might want to hold off for the moment. While salons across the city were called into question for their unfair practices, many salons (including high-end studios that charge upwards of $65 for a gel manicure, such as Paintbox and Tenoverten), spoke out about the article.
To add to that, Paintbox sent PEOPLE a link to its recent blog post, which was written in reaction to the NYT article. Abramcyk says it’s also important for clients to be aware of the ingredients in the products being used on them. PEOPLE reached out to a number of local salons, which charge lower fees than Paintbox and Tenoverten, for their reaction to the article and the recent executive order, but all declined to comment. And while these injustices were only highlighted in New York City, consumers need to be reminded that employees outside the nail salon industry are often similarly mistreated. What do you think of the New York Times article about the treatment of nail salon employees? Note: If this is your first time commenting on Style News Now, your comment will need to be approved by our moderator before it will appear. First of all I can’t do my own nails due to physical handicap so not everyone can do their own. I was chatting with a women last week, who makes $9 an hour working in retail and spend $85 on spanx to wear to work. My daughters and I are about to take our first cruise and they talked me into a petti today!
Discuss issues and news related to PIA, Pakistani airlines and Pakistan's civil & military aviation.
FZ has finally been allowed to operate a air services to KHI which is already open skies for the airlines of UAE. I will agree with those who think CAA Open Skies policies is putting Pakistani airlines at extreme defense and unfair competitive situation.
Cindy Wittmer focuses her practice in the area of commercial litigation, with particular emphasis on business torts, intellectual property issues, contract procurement disputes, health care-related contract issues and insurance defense. If you had a run in with a crook or have a cheating spouse, you should contact me for assistance. Trigon Labour Solutions (Pty) Ltd is a labour consultancy specialising in various aspects of employment law.

As the economy remains relatively stagnant and this competition increases, it is more important now for companies to protect their business and competitive advantage.
But companies can and should protect themselves from unfair competition and prevent the loss and use of their confidential and trade secret information. Companies should have detailed computer, email and Internet use policies that prohibit or significantly limit the use of those company resources for things other than the work employees do for the company.
That means employees may be taking or sending company confidential or trade secret information to their home or home email addresses.
During that interview, the company should remind the employee of their legal obligations and agreements with the company, including providing them with any agreements they signed regarding protecting, not using and returning all company property. Initially, the company may want to see whether information can be retrieved or “called back” through voluntary means, including by sending a carefully worded demand letter that reminds the employee of his or her legal and contractual obligations. Moving forward, the company can also seek monetary relief, which may include damages for the actual loss caused by the theft of the company’s data or trade secrets, recovery of unjust enrichment, royalties, and punitive damages. The implementation of comprehensive agreements, policies, and procedures will go a long way in protecting the competitive advantage, and it will put the company in a better position to respond to illegal conduct that threatens the business.
Prior to joining Mintz Levin, Brandon was an associate at a prominent intellectual property law firm. As part of his counseling practice, Mitch has performed management training for employers and rendered employment advice on employment related issues, including those associated with hiring employees, terminating employees, workplace investigations, discrimination, protection of trade secrets, leaves of absence, reductions-in-force, and compliance with wage and hour laws, among others. He also served as Vice President, Professional Issues for the San Diego Chapter of the National Human Resources Association (NHRA) and served as the author of News From National, the Labor and Employment Law quarterly newsletter for the NHRA. From 1982 to 1985, Mitch was a Drill Sergeant and Combat Conditioning and Hand to Hand Combat instructor with the Israeli Defense Forces.
He is a member of the San Diego County Bar Association and a member of the American Bar Association. Additionally, Corporate Compliance Insights is a focused knowledge-sharing forum designed to educate and encourage informed interaction within the corporate compliance community. Graifman Wins Jury Verdict in Race Discrimination SuitAttorney Gary Graifman Receives Favorable Decisions in Spot-On Pesticide Class ActionsAttorney Barry S.
If your employer has violated the law, we can file a class or collective action against the company. Our experienced team will work with you to resolve your issue as quickly and efficiently as possible. The FLSA requires that nonexempt employees be paid one and one-half times their regular pay rate for all hours worked in excess of 40 per week.
If you are a nonexempt worker who is not being paid for your hours in excess of 40 per week, your employer may be violating state and federal overtime wage laws. It highlights its ethical business practices, including paying employees above the minimum wage. Unless these ladies are being forced to work in these nail salon’s for $30 to $40 a day they have no one to blame but themselves. In the first phsae they will be operating a daily service with the state of the art B738 airplane. The are now more than 55 flights per week which roughly translates to around 8 flights a day. After spending 12 years travelling abroad I have come back to South Africa to settle down, teaching the next generations the wonders of life. A company will want a policy in place to monitor and limit the taking and sending of that information for telecommuting purposes. He has extensive experience in employment law and in intellectual property litigation and complex commercial litigation. He has represented employers before numerous state and federal agencies including the Equal Employment and Opportunity Commission (EEOC), the California Department of Fair Employment and Housing (DFEH), the California Labor Commissioner, and the Department of Justice (DOJ). Corporate Compliance Insights is founded by Maurice Gilbert, managing partner of the Conselium Executive Search Firm, a compliance-focused executive search firm. If the suit is successful, the court may order the employer to pay back payment for overtime wages, attorneys’ fees and additional expenses.
In the event negotiations are not fruitful, we will aggressively represent you in the courtroom.
Does your employer force you to work more than 40 hours per week and refuse to pay you overtime wages? There are very specific conditions which must be met in order for an employee to be exempt; we will evaluate your case to determine if you have been misclassified.
To arrange a consultation with our Rockland & Bergen County overtime pay violations lawyers, please call (800) 771-5258.
Cuomo has formed an Enforcement Task Force, which will conduct salon-by-salon investigations, post signage in six different languages informing employees of their rights and create new rules and regulations salons must follow to protect their employees’ health. All regulars (people like my mother who have standard appointments) have their own box of equipment with their name on it and that box is kept in a neat and tidy closet. Emirates isnt depending mainly on the regional and short haul intra gulf sectors for cash anyway.
For a very long time we had been hearing that the CAA and the ministry will hold back permission for Fly Dubai to operate air services to Pakistan. While PIA and other Pakistani airlines have their own cultural and operational limitations, they cannot compete with middle eastern airlines in this manner and fashion. MH also does twice weekly flights to DXB and so is GMG, what is their load factor on this route?

I am a single white male with a teaching position at a local school looking to subsidise my income via house sitting. Many companies have or should consider setting up virtual private networks (“VPN” – connecting to a company’s computer network through the internet while remote from the company) so even if an employee is working from home or remotely, the company information (confidential, trade secret or otherwise) remains within the company’s computer system and can be tracked or monitored, i.e.
In 2007, 2008 and 2009 Mitch was honored with the selection as one of theSan Diego Super Lawyers.
But I’ve recently been thinking about the different ways that people who are in business to get us to buy their products trick us into thinking we need what they are selling. If someone is a one time walk-in customer then they throw out the equipment after they are done. I forgot to tell her I fractured my big toe in a work fall so she wasn’t liable but she looked so scared. I personally have been going to this salon for years and would not think to go anywhere else.
I doubt I will ever do this again but it was fun having a girls day with my daughters before our cruise Friday!!!
DXB CAA has been for a long time trying to get Emorates the permission to operate increased number of frequencies to the northern gateways of Pakistan (ISB, LHE and PEW) which at present moment stands at 11 weekly services.
Shaukat Jamshaid, president, Society of Aircraft Engineers of Pakistan, said that in this summer holiday season, which sees peak travelling, PIA has been offered flights at odd hours to cities in United Arab Emirates.
San Diego Super Lawyers are selected based upon ballots sent to over 10,000 area attorneys. Yes it is a bit more expensive than many other places I’ve heard about, but the quality, safety and customer service I get there is well worth it.
I’m a Suze Orman (miss you gurlfriend) addict and I didn’t build my emergency fund getting manis and pettis!!!
The giovernment of Pakistan by not liberalising the Northern Gateways for EK is not doing anything that goes against the spirit of the ASA. Council of Employees of PIA (CEPIA) members stated this in a letter written to the management and Ministry of Defence. DXB CAA has confirmed its intent that in allowing EK enhanced frequencies to northern gatways of Pakistan is pre condition for any permission to be granted to the airlines of Pakistan to further their operations into DXB .Why does the Government not do something about the ailing aviation industry of this country. By allowing FZ to operate there are now four separate airlines operating shceduled air services to Pakistan's main points from the UAE alone. G9 alone has been taking away so many DXB bound passengers away from PK and other Pakistani airlines.
But gulf-based airlines lure Pakistan passengers with low fares to destinations beyond their hubs.
FZ is bound to only make the matter worse for the airlines of Pakistan whith special emphasis on PK for DXB is a major revenue earning station. I sincerely hope and pray that PK does sth to counter the threat posed by FZ which is the second low cost carrier to have come out of one small region. According to a PIA survey, out of the total international traffic from Pakistan, 81 percent is going through Gulf carriers. Being owner of the PIA, the government has the obligation to safeguard the interests of the national flag carrier.The Gulf carriers have been allowed to operate flight at suitable timings from passengers' point of view and convenience, whereas PIA is not allowed to operate to UAE and Gulf at the times suitable for local passengers. He asked PIA management to request Ministry of Defence (MoD) and Civil Aviation Authority (CAA) to reverse its decision in the greater national interest. He said that might be the MoD and CAA were not aware of the consequences of the decision, which would be disastrous for the ailing airline.Speaking on the occasion, Najeeb-ur-Rehman, President, Aircraft Technologists Association of Pakistan (ATAP) said employees having affiliation with different unions join hands under the banner of CEPIA. He asked the PIA management to raise their concerns with the authorities concerned for saving the national flag carrier.Addressing the participants, Aziz Suharwardi, President, Flight Engineers' National Association (FENA) said the purpose of the CEPIA is to resolve the issues faced by the PIA employees at every level.
He urged PIA management to extend the facility of financial compensation to all of its employees and increase the pension of employees.Captain Rabbani, General Secretary, Pakistan Airline Pilots' Association (PALPA) said revival of CEPIA during the rule of the elected government is an eye-opener for other salaried class. He asked the government to reverse its decision to allow foreign airlines to operate flights to Pakistan. President, Society of Aircraft Engineers of Pakistan (SAEP), Shaukat Jamshaid said the management should utilise the in-house capabilities of PIA to earn money instead of allowing foreign airlines to operate cheap flights. Ghaith Al Ghaith, the CEO of flydubai, told a news conference, that his airline sees a lot of opportunity for growth in the region for its low-cost flying model. Karachi is the airline's 20th destination.While another Gulf carrier's entry into the market has come as a welcome news for the travelling public, the low fares being offered would badly hit Pakistan's carriers, particularly the national carrier PIA. Besides low fares, an added attraction would be brand new aircraft which will be operated by 'Flydubai' as compared to decade-old aircraft which Pakistan's private airlines and national carrier operate on Karachi-Dubai sector. Emirates, Etihad Airways, Gulf Air, and Qatar Airways are already picking up most of the traffic from Karachi. The passengers are taken to their hubs, from where they are flown to destinations in Europe and North America.Pakistan's private and national carrier will have to match the fares and facilities that are being offered by 'Flydubai' because with the changing scenario only fittest would survive. It is home to Pakistan's largest commercial corporations and is the heart of trade and industry for the country.Established in March 2008, Flydubai, government of Dubai's first low-cost airline, started operations on June 1 2009.
The price includes all taxes and one piece of hand baggage weighing up to 10 kg per passenger.
Passengers have the option to purchase checked-in baggage in advance at just AED 60 for the first piece and AED 150 for the second, weighing up to 32 kg, subject to availability.

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