Vs wood wood hired to work as pyrotechnician for

This preview shows page 5 - 7 out of 8 pages.

Zambelli Fireworks Manufacturing Co. vs. Wood Wood 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 Covenants o Employees sign an agreement they will not recruit fellow employees for another company o Legality is different depending on the state Drug Free Act o Requires all companies of more than $25,000 worth of business with the federal government to certify they have “drug-free” workplace Omnibus Transportation Employee Testing Act o Employees who operate Aircraft Public transportation or Commercial motor vehicles o Must test employees for use of alcohol or illegal drugs o Includes pre-employment, random testing, and testing after accident Employee Substance Abuse Policies o If policy is clear it is often legal o Need to define when it may be done and if random must be as a condition of employment Worker Health and Safety
o Occupational Safety and Health Act of 1970 (OSHAct) created Occupational Safety and Health Administration (OSHA) Occupational Safety and Health Review Commission (OSHRC) Reviews cases brought by OSHA National Institute for Occupation Safety and Health Council (NIOSH) Does studies to help set safety standards Workers and Toxic Substances o Hazard Communication Standard (HazCom) Issues exposure limits for some specific toxic substances Chemical producers and users conduct a “hazard determination” of chemicals they use/produce Where chemicals are used, employers must have: A written plan that includes o List of hazardous chemicals in workplace o Manner in which safety data sheets, chemical labels, and worker training about chemical safety is handled o Description of how employees will be trained for non- routine tasks Labels for chemical containers Material Safety Data Sheets (MSDS) Employee training programs Workers’ Compensation o States enact workers’ compensation laws to provide employer paid insurance for work-related accidents o Objectives Provide benefits to work-accident victims regardless of fault Provide a certain remedy and relieve hassles of tort litigation Protect public and private charities from undue burden Reduce fees to lawyers and expert witnesses Encourage employer safety; accident rating-based premium Provide open communication of accidents for safety improvements o Long vs. Superior Senior Care, Inc. Long was an in-home CNA working for Superior Senior Care as an IC.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture