The United State Supreme Court ruled that a public sector employer may review text messages sent by an employee using a government issued cell phone. This decision has implications for private sector employees and reinforces the need for a comprehensive technology use policy.
A case with significant implications affecting the enforcement of arbitration provisions in employment agreements is currently being weighed by the U.S. Supreme Court.
A ruling by a federal district court judge in the United States District Court for the Eastern District of Virginia may provide a basis to “blue pencil” noncompetition agreements in Virginia. ”Blue penciling” allows a judge to modify an overly-broad non-competition agreement by striking through the portions that violate Virginia law. Thus, in theory, the agreement would reflect the parties’ agreement minus the portions that do not conform to the law. So rather than courts grading on a pass/fail basis, they can award partial credit.