Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Hotline
Employee's Waiver of EEOC Rights Doesn't Invalidate Separ- ation Agreement and Release: The Third Circuit has ruled that where an older worker signs a release promising not to pursue any lawsuits against his former employer, this is still a valid waiver despite the fact that the agreement contained an otherwise invalid clause that prohibited the worker from bringing any charge before the Equal Employment Opportunity Commission. Wastak v. Lehigh Valley Health Network, No 02-2111 (June 11).
The court rejected the argument that such a provision renders the entire release agreement invalid since the right to file a charge with the EEOC is protected by the Age Discrimination in Employment Act (ADEA) and cannot be waived. The court stated that while the ADEA clearly prohibits employers from enforcing such charge-filing bans, 'there is no indication that the mere presence of that contractual language would void an otherwise knowing and voluntary waiver.'
Post-Termination Release Not Invalidated by FMLA: The Fifth Circuit has held that an employee's release of all claims against the company under any federal law or regulation is not invalidated under a Family Medical Leave Act (FMLA) provision that bars prospective waiver of substantive FMLA rights. Faris v. Williams WPC-I Inc., No. 02-50446 (May 27).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?