Case Analysis
Case Questions
What alternative fact pattern might change the court’s decision on whether Cangemi and Calianno
breached their non–compete agreements?
breached their non–compete agreements?
If Generation Salon did not have its proprietary Stanglware database, would this case be resolved
differently?
differently?
Is it fair to restrict Cangemi and Calianno from using their knowledge to begin their own business
in this industry?
in this industry?
1https://www.dol.gov/whd/opinion/FLSA/2019/2019_04_29_06_FLSA.pdf. The Wage and Hour
Division of the Department of Labor issues guidance primarily through opinion letters. An
interpretation or ruling issued by the administrator interpreting the Fair Labor Standards Act
(FLSA) is an official ruling or interpretation of the Wage and Hour Division. Such rulings provide
a potential good faith reliance defense for actions that may otherwise constitute violations of the
FLSA. The rulings and interpretations in the letters may be affected by changes to the applicable
statute or regulations. Also, from time to time they need to be updated in response to new
information, such as court decisions, and the WHD may withdraw a ruling or interpretation in
whole or in part.
2https://www.dol.gov/whd/opinion/FLSA/2019/2019_04_29_06_FLSA.pdf (accessed December
8, 2019). Edited for brevity
Division of the Department of Labor issues guidance primarily through opinion letters. An
interpretation or ruling issued by the administrator interpreting the Fair Labor Standards Act
(FLSA) is an official ruling or interpretation of the Wage and Hour Division. Such rulings provide
a potential good faith reliance defense for actions that may otherwise constitute violations of the
FLSA. The rulings and interpretations in the letters may be affected by changes to the applicable
statute or regulations. Also, from time to time they need to be updated in response to new
information, such as court decisions, and the WHD may withdraw a ruling or interpretation in
whole or in part.
2https://www.dol.gov/whd/opinion/FLSA/2019/2019_04_29_06_FLSA.pdf (accessed December
8, 2019). Edited for brevity