EMPLOYMENT CONTRACTS

New York City labor update: Pay history, written contracts

06/19/2017
If you have employees in New York City, be aware of two new laws affecting your operations there. The first new law bars you from asking applicants about their prior compensation history. The second requires you to provide contract workers with a written agreement.

Ensure new workers receive arbitration policy

06/13/2017
While Texas law allows employers to make employees submit work-related claims to arbitration, there are ground rules. The first is that the employee must have notice that an arbitration policy is required as a condition of employment.

Lost acknowledgment won't sink arbitration agreement

06/06/2017
A case will go to arbitration even though the employer couldn’t find a signed acknowledgment page showing an employee agreed to arbitrate disputes. Because the employer made it a standard practice to have applicants sign such acknowledgments, the court said the employee was bound by the agreement.

Employee's sophisticated negotiation skills may help make employment contract binding

04/24/2017
Are you negotiating an employment contract with an applicant for a high-level position? If the applicant actively participates in that negotiation and makes counter-offers to the terms you propose, chances are a court won’t later throw out the agreement even if it includes an arbitration clause.

Your call: Pay lawyer a little now... or a lot later

03/16/2017
Sometimes, it pays to take the time and spend the money to have legal experts carefully review your proposed actions.

The one time it's good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Microbrewery alleges former exec spilled trade secrets

02/17/2017
Summit Brewing in St. Paul is suing its former vice president of sales for providing trade secrets to a direct competitor.

Union arbitrator can decide guilt, but not punishment

02/16/2017
If an agreement includes specific disciplinary provisions, it’s up to an arbitrator to determine if an employee violated the rules. But if the agreement spells out the punishment, the arbitrator is not free to modify the penalty.

Keep complete records of settlement talks

02/09/2017
Sometimes, it’s better to settle an employee’s complaint than to litigate it. If you do, be sure to carefully document the entire process.

Could you prove employee really signed agreement?

01/30/2017
If you use arbitration agreements to resolve workplace disputes, make sure you can prove that the employee actually agreed to the terms.

Employee representing herself? Document all parts of settlement process

01/11/2017
Carefully document the settlement process. Be able to prove you suggested having the employee ask a real attorney to review the proposed settlement.

Even in California, arbitration agreement can be valid if employee knowingly signed it

12/22/2016
A federal court has ordered an FMLA interference case to be sent to arbitration pursuant to an agreement an employee signed when he was hired.

Arbitration agreement applies after discharge

12/12/2016
A federal court has ruled that an arbitration agreement that purported to apply to just about all possible employment-related claims now and in the future can also apply to subsequent failure-to-hire claims.

Strip club's stage lease doesn't stop wage lawsuit

12/06/2016
An exotic dancer at Philadelphia’s Gold Club can sue under the Fair Labor Standards Act, following a ruling by a federal appeals court panel.

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.
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