Contracts should spell out at-will employment

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

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

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

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

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

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

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

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

Sacramento status update: Employment law legislation

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

Sometimes, government regulation can unexpectedly lead to litigation.

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

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

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

Simple list of customers doesn't count as trade secret

Under California law, not every work product amounts to a trade secret. For example, an ordinary customer list with information generally available through open sources isn’t subject to protection.

Arbitration agreement may not be bulletproof

Bad news for employers that hope arbitration agreements might limit the cost and time required to resolve employment disputes.

Opening salvo fired in big 'joint employer' lawsuit against NLRB

The National Labor Relations Board’s new joint employer standard violates the National Labor Relations Act, according to opening briefs filed by Browning-Ferris Industries in a closely watched lawsuit that seeks to overturn a major NLRB decision.
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