Zambelli Fireworks Manufacturing Co. vs. WoodWood hired to work as pyrotechnician for Zambelli and learned trade secrets, client lists, pricing, costs, etc. Signed a noncompete that he would not work for competitor in US for 2 years and not disclose secrets.Pyrotecnico hired him and agreed to pay for 2 year salary because of covenant, so Wood left. Zambelli then sued to enforce covenant. Court agreed that there was a legitimate business interest in Wood’s skills and the noncompete was enforceable.Anti-Raiding CovenantsoEmployees sign an agreement they will not recruit fellow employees for another companyoLegality is different depending on the stateDrug Free ActoRequires all companies of more than $25,000 worth of business with the federal government to certify they have “drug-free” workplaceOmnibus Transportation Employee Testing ActoEmployees who operateAircraftPublic transportation orCommercial motor vehiclesoMust test employees for use of alcohol or illegal drugsoIncludes pre-employment, random testing, and testing after accidentEmployee Substance Abuse PoliciesoIf policy is clear it is often legaloNeed to define when it may be done and if random must be as a condition of employmentWorker Health and Safety
oOccupational Safety and Health Act of 1970 (OSHAct) createdOccupational Safety and Health Administration (OSHA)Occupational Safety and Health Review Commission (OSHRC)Reviews cases brought by OSHANational Institute for Occupation Safety and Health Council (NIOSH)Does studies to help set safety standardsWorkers and Toxic SubstancesoHazard Communication Standard (HazCom)Issues exposure limits for some specific toxic substancesChemical producers and users conduct a “hazard determination” of chemicals they use/produceWhere chemicals are used, employers must have:A written plan that includesoList of hazardous chemicals in workplaceoManner in which safety data sheets, chemical labels, and worker training about chemical safety is handledoDescription of how employees will be trained for non-routine tasksLabels for chemical containersMaterial Safety Data Sheets (MSDS)Employee training programsWorkers’ CompensationoStates enact workers’ compensation laws to provide employer paid insurance for work-related accidentsoObjectivesProvide benefits to work-accident victims regardless of faultProvide a certain remedy and relieve hassles of tort litigationProtect public and private charities from undue burdenReduce fees to lawyers and expert witnessesEncourage employer safety; accident rating-based premiumProvide open communication of accidents for safety improvementsoLong vs. Superior Senior Care, Inc.Long was an in-home CNA working for Superior Senior Care as an IC.