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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
May 4, 2020

Sandberg Phoenix Obtains Permanent Injunction Against Former Perficient, Inc. Tech Executive for Violating Non-Compete Agreement

Sandberg Phoenix lawyers Lyndon Sommer and Ben Wesselschmidt tried and successfully obtained a permanent injunction against a former Vice President of St. Louis tech company Perficient Inc. for breach of his non-compete agreement by moving to Chicago-based competitor Spaulding Ridge, LLC.  The permanent injunction trial followed after Sandberg Phoenix first obtained a temporary restraining order against the VP.   

Employer Law Blog
April 27, 2020

CARES Act and Traditional Labor Law

One of the little discussed provisions of the CARES Act are those added by House Democrats to curry favor with organized labor. The first is that borrowers who obtain loans under the Act must make a good faith certification that they will remain neutral in any union organizing effort for the term of the loan. The effect of this provision is to force neutrality upon borrowers under the CARES Act for the duration of their loans. This means that a borrower commits not to say or do anything to oppose a union’s organizing effort. Borrowers should be aware of this requirement which, in effect, abrogates some of their rights under the National Labor Relations Act.