Here at our polar vortex bunker in the freezing Nation’s Capital, supplies are running short and we’re vigorously debating whether we should make a mad dash to the Suits by SuitsMobile and drive straight down to visit our colleagues in Tampa, Florida, or just tough it out and pray/chant/hope that the cold will ultimately break. In the meantime, we’ve defrosted the following interesting bits of news from the world of executive employment issues:
- Non-competes down in Dixie: this analysis looks at how North Carolina courts enforce non-competes after a merger, this one looks at Florida’s statute governing those agreements, and this one discusses two recent Tennessee cases about them – and the author concludes non-competes are “alive and well (and enforceable)” in the Volunteer State.
- And from about as far from Dixie as you can get – Anchorage, Alaska – comes this thoughtful article about how small business owners and departing employees should look at non-competes. It notes that execs who leave to set up their own businesses in violation of a non-compete face the customary lawsuit as well as a unique risk: they will have “proved themselves dishonorable and word travels fast in Alaska.”
- Arthur Laffer, please call your office and bring your famous curve: Hungary’s Constitutional Court struck down that country’s 98% tax on severance payments, finding it conflicted with EU rulings and regulations aimed at protecting property ownership.
- The bounties offered to tipsters under Dodd-Frank haven’t yet turned into the problem big companies feared, the Wall Street Journal reports.
- The Title VII case involving retailer Abercrombie & Fitch’s prohibition on employees wearing hijabs – which we’ve written about before – led to a relatively rare split decision in the Tenth Circuit Court of Appeals this week, on the procedural point of whether all of the justices of that court should reconsider a ruling in Abercrombie’s favor made by three of the justices (if you’re a fan of appellate practice and/or French, this was a petition for rehearing en banc). Some pundits say this split could motivate the Supreme Court to take the case; others say no.