EMPLOYMENT CONTRACTS

It's up to you to prove worker signed contract

11/28/2016
It’s not enough to show the agreements were on an application or in the handbook and that the company policy required them to be signed.

Appeals court ruling: USERRA claims can go to arbitration

11/28/2016
The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Don't bury arbitration in your handbook--disclaimer could compromise agreement

11/28/2016
Don’t bury an arbitration agreement in an employee handbook that includes a disclaimer stating that the handbook is not a contract.

Contracts should spell out at-will employment

10/20/2016
It’s unusual, but sometimes a written offer of employment for a specific time period can overcome the usual presumption of at-will employment. Note, however, that other documents may stipulate that employment is at-will—and they will stand up in court.

Supreme Court asked to rule on legality of class-action waivers

09/12/2016
It seems increasingly likely that the U.S. Supreme Court will agree to decide one of the hottest topics in employment law: Whether class-action waivers in employment agreements are legal.

Supreme Court could rule on class-action waivers

09/08/2016
A Wisconsin software company on Sept. 6 asked the U.S. Supreme Court to decide whether class-action waivers in employment agreements are legal.

Fed contractors: Review arbitration agreements

08/30/2016
Does your organization have more than $1 million in federal contracts? If so, you may have to change any arbitration agreements you have in place covering certain claims.

Ensure lawyer knows about arbitration clause

08/22/2016
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.

Sloppy language can kill your case: Ensure consistency in arbitration agreements

07/28/2016
If you use an arbitration agreement to limit litigation, have your attorney regularly review the language in the agreement. It’s the best way to avoid completely defeating the purpose of having an agreement.

Training customers how to use business software doesn't count as exempt work

07/26/2016
A highly compensated employee whose job duties consisted largely of training customers on how to use the software his employer sells has won a California overtime lawsuit.

Notify lawyers quickly about arbitration agreements

07/25/2016
If an employee sues, immediately let your attorney know if the employee signed an arbitration agreement.

Sacramento status update: Employment law legislation

07/22/2016
A bill that would make it unlawful to require military veterans to sign arbitration agreements waiving their right to sue for discrimination based on their military status (A.B. 2879) appears to have died in committee.

Litigation: Unintended consequence of regulation

07/22/2016
Sometimes, government regulation can unexpectedly lead to litigation.

8th Circuit splits on NLRB authority on arbitration agreements banning class-actions

07/22/2016
The 8th Circuit Court of Appeals, which covers Minnesota employers, has come out against the NLRB’s interpretation on arbitration agreements.

DOL cites Houston contractor for misclassification

07/06/2016
The DOL has recovered back wages for workers that a Houston masonry firm wrongly classified as independent contractors.
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