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Legal Rights in the Workplace. Timothy K. Cutler, Esq. Practicing 24 Years 10 Years in Los Angeles & 14 Years in Boston Founded CUTLER.

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Presentation on theme: "Legal Rights in the Workplace. Timothy K. Cutler, Esq. Practicing 24 Years 10 Years in Los Angeles & 14 Years in Boston Founded CUTLER."— Presentation transcript:

1 Legal Rights in the Workplace

2 Timothy K. Cutler, Esq. Practicing 24 Years 10 Years in Los Angeles & 14 Years in Boston Founded CUTLER P.C. in 2004 Founded CUTLER & WILENSKY LLP in 2013 Served as a Mediator Completed Over 30 Trials in 4 States Overseen Legal Matters in 8 States Represented Start-ups and Emerging Companies in the Areas of Software, Internet, Retail, Engineering and Marketing Represented Chinese Companies Creates Legal Entities Drafts: Licensing Agreements, Contracts and Employment Agreements Handles: Employment Matters, Disputes Between Shareholders, Unfair Business Practices and Contract Disputes Handles: Purchase and Sale of Businesses

3 Connie C. Dai, Esq. Practice Areas: Business, Employment and Immigration Law Handles: Experience in Cross Border Transactions, Drafting and Reviewing Contracts, Judicial Internship, Employment and Investor Visa and Immigration as well as Naturalization Business and Financial Consulting with Start-Ups and Established Businesses Anti-Trademark Infringement Management, Joint Venture Negotiation, and IP Training in Coca-Cola China NECINA – Fundraising and Public Relations Education: J.D. (Suffolk University); MBA (University of Calgary); and B.A. (Shanghai University) Bar Admissions: Massachusetts; and New York Languages: Native Mandarin; and English

4 TOPICS TO BE DISCUSSED Employment Agreements Non-Compete Agreements Non-Solicitation Agreements Non-Disclosure Agreements Wage & Hour Issues Misclassifications (Employee v. Independent Contractor) Wrongful Termination (Retaliation and Discrimination) Family Medical Leave Act Whistle-Blowing Severance Unemployment Benefits

5 Employment Agreements Non-Compete Assignment of Intellectual Property Non-Solicitation of Employees Duration of Employment (At-Will Employees) Arbitration Provision Severance Provision Golden Handcuffs

6 Non-Compete Agreements Such Agreements Are NOT Favored in the Law Such Agreements Must be for a Legitimate Business Purpose: Protect Trade Secrets Protect Confidential Information Protect Goodwill What Language Should be Included in the Agreement? Describe the Confidential Information Reasonable Time and Scope Who Owns Goodwill? The Court’s General View of Goodwill Contrast to Confidentiality Agreements

7 Trade Secrets What is a Trade Secret? Information Not Known to the Public at Large It Can Be a Compilation of Public Information Something that Gives a Company a Competitive Edge or Advantage in its Business How Does a Company Protect Its Trade Secrets? Policies and Procedures Limit Access to the Trade Secret

8 Non-Solicitation Agreement Employees Contractors Customers

9 Non-Disclosure Agreements What is a Non-Disclosure Agreement? When are Non-Disclosure Agreements Used? Venture Capital Investor Reluctant to Sign What to Look for in a Non-Disclosure Agreement: Description Of What Is Being Disclosed The Circumstances Surrounding The Disclosure Does Not Constitute A License No Limits On Consequential Damages Choice Of Law Provisions

10 Wage & Hour Treble Damages / Attorneys’ Fees Minimum wage Overtime Commissions Exempt v. Non-Exempt File with the Attorney General’s Office

11 Misclassification (Employee v. Independent Contractor) Not About Label But Substances Multiple Factors Determine Degree Of Control Penalties Of Misclassification On Employers

12 Family Medical Leave Act (FMLA) Minimum Of 15 Employees Minimum Of 1 Year Of Employment 12 Weeks Unpaid Leave Illness Of Yourself, Family Member(s) And Care For Children ADA/Chapter 151A Massachusetts Small Necessities Act

13 Whistle-Blowing Legally Protected Right Good Faith Belief Is Enough

14 Severance By Contract No Right Under Common Law Reaffirmation Of Existing Or New Obligation Release And Waiver Of Rights

15 Unemployment Benefits Separation From Work Discharge Voluntary Quit Appeal

16 Questions?

17 CUTLER & WILENSKY LLP 10 Milk Street, Suite 720 Boston, MA 02108

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