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Legal Rights in the Workplace

Legal Rights in the Workplace. Timothy K. Cutler, Esq. tim@cutlerlegal.com. 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

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Legal Rights in the Workplace

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  1. Legal Rights in the Workplace

  2. Timothy K. Cutler, Esq.tim@cutlerlegal.com • 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.connie@cutlerlegal.com • 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 www.cutlerlegal.com

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