EMPLOYMENT CONTRACTS

Track worker receipt of electronic handbook

04/03/2014
Want an easy way to show that an employee acknowledged receiving a copy of your arbitration agreement? Include it in the employee handbook. Then have IT track when employees received it.

Ensure arbitration agreement in application isn't one-sided

03/27/2014
Employers that want to use arbitration to avoid protracted legal battles can include arbitration agreements in their applications and require applicants to sign as a hiring condition. That’s provided the agreement isn’t entirely one-sided.

Using day labor? Keep relationship contractual

03/06/2014

If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer. Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.

Noncompete buried in benefit plan? Admin sets the terms

02/28/2014
Are some of your benefits—such as bonuses or other merit payments at retirement or departure—contingent on complying with a covenant-not-to-complete? Chances are the benefits plan administrator—not a federal court—will be interpreting the terms.

Noncompete agreements for new and existing employees

02/19/2014
Q. We recently merged with a smaller company, taking on several new sales people. Most of our existing sales staff are long-time, loyal employees, so we haven’t previously used noncompete agreements. However, we’re now reconsidering this. Can we ­require all of our sales staff to sign noncompetes?

Employee Handbooks: Overview

02/10/2014

HR Law 101: Employee handbooks are extremely valuable business tools. But if you're not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely ...

Alternative Dispute Resolution

02/01/2014

HR Law 101: In recent years, various forms of alternative dispute resolution have gained popularity. Mandatory arbitration in particular is attractive to employers because employees who sign arbitration agreements forfeit their right to sue in federal or state court ...

Seeking enforceable arbitration agreement? Be certain it's not tilted in your favor

01/24/2014
Want to arbitrate employment disputes rather than drag them out in state or federal court? Then make sure the arbitration agreement you use is fair to both sides and doesn’t include any obviously one-sided clauses favoring the employer.

5th Circuit rejects NLRB D.R. Horton decision on class-action waivers

01/07/2014
In a major win for employers, the 5th Circuit Court of Appeals rejected the highly controversial D.R. Horton decision from the NLRB.

Age Discrimination: ADEA/OWBPA

01/05/2014

HR Law 101: Under the Age Discrimination in Employment Act of 1967, employers with 20 or more workers can’t engage in personnel practices that discriminate against individuals age 40 and older. Most age discrimination cases grow out of wrongful discharge and mandatory retirement policies, but they can involve any adverse change in working conditions ...

Negotiating union contracts: Seek attorney's help when drafting arbitration clause

12/24/2013
While having a union in the workplace may not be ideal, having a union contract in place clarifies many of the work rules your employees must follow, as well as how your disciplinary process must work.

You want loyalty? Get a dog! Or include it in employee training

12/24/2013
You may think that employees understand their obligations when they sign noncompete and nonsolicitation agreements designed to prevent them from jumping ship and stealing your clients. Don’t make that assumption.

Trade Secrets

12/06/2013

HR Law 101: There are two important reasons you need to protect your company’s trade secrets: (1) You make it less likely that confidential information will be misappropriated. (2) It will be easier for you to seek relief in court if your secrets are stolen ...  

         

Should we use arbitration agreements to help resolve employment disputes?

12/03/2013
In California, companies adopting arbitration agreements face a number of difficult decisions in crafting their agreements to ensure that they will be enforceable while also maximizing the benefits of arbitration.

Get expert help with arbitration agreements

12/03/2013
If there is an area of the law that remains confusing for ­employers, it’s arbitration agreements. Here’s the latest twist in the legal saga of what’s a good agreement and what’s not.
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