Roundup: 4th, 7th, 8th and 10th Circuits

Wage law not a fundamental public policy; Employers not liable for employees' off-the-clock work; Decision aids plaintiffs alleging trade secret misappropriation; Employee's "primary duty" is a question of fact, not law

4th Circuit: Wage law not a fundamental public policy

The 4th Circuit held in Kunda v. C.R. Bard, Inc., issued on Dec. 23, 2011, that Maryland employers can require employees to execute employment agreements with non-Maryland choice-of-law provisions, provided the other jurisdiction has a substantial relationship to the parties and its law is not contrary to fundamental Maryland public policy.

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