The Global Workplace Report is a monthly summary of our most popular blog articles from our Global Workplace Insider blog. This report provides concise commentary and insight essential for employers that want to stay current on the legal and business developments and trends impacting employment and labor matters globally.

Global employment and labor trends

United States

For decades, state laws have governed employers’ trade secret claims against employees in the U.S., even though federal law has largely controlled employers’ patent and copyright claims. With the Defend Trade Secrets Act of 2016 (“DTSA”), signed into law May 11, 2016, that is about to change. The DTSA will not preempt state trade secret related claims. But it does create a federal claim for trade secret misappropriation, allowing employers to sue in federal court for an employee’s theft of a trade secret “related to a product or service used, or intended for use in, interstate or foreign commerce.” It further permits court-ordered ex parte seizure of property in “extraordinary circumstances” to prevent “dissemination of the trade secret.” However, the DTSA does not only benefit employers, because it has safeguards for employees, including whistleblowing and immunity protections. The prudent employer will study the DTSA to understand its new federal rights and to consider how to make its trade secret related employment contracts and policies ultimately comply with the new DTSA.

Global employment and labor developments



South Africa

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