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Employment Contracts

3 Supreme Court cases HR should watch

10/15/2020
The U.S. Supreme Court’s 2020-2021 term is in full swing. So far, there are three cases on the docket that may affect employers. Here’s a brief summary of each.

Build options into your employment contracts

08/20/2020
In reaction to the coronavirus pandemic, some employers have had to make the hard decision to downsize. Depending on the circumstances, that can cause legal headaches.

Pandemic workers’ comp waivers? A really bad idea

06/18/2020
A Nevada restaurant last month began requiring workers to sign a safety liability waiver before it allowed them to return to work after COVID-19.

Prepare for the coming flood of arbitration

04/16/2020
As if we didn’t have enough to worry about these days! An enterprising corps of lawyers have begun flooding the legal system with arbitration cases, upending a process that was designed to avoid expensive litigation.

Signed arbitration agreements are valid in Texas

03/02/2020
A solid arbitration agreement likely will be enforced under Texas contracting law.

Consider including arbitration clause when settling employee’s lawsuit

02/25/2020
According to a recent case, it’s perfectly fine to include an arbitration agreement in a settlement. That may keep the next claim out of court.

Signed offer letter can bind worker to arbitration

02/18/2020
If you use arbitration to resolve workplace disputes, you can bind new employees via a signed offer letter. Just make sure the letter states the basics, including what claims must be arbitrated.

Broad arbitration agreement can cover even unusual claims

02/03/2020
Challenging the legality of a specific arbitration agreement is one way employees might try to get out of it. When that fails, their attorneys may try to come up with a novel claim that doesn’t seem to fit neatly into the agreement. Fortunately, they rarely succeed.

Details matter in arbitration, and flaws can render an agreement unconscionable

01/08/2020
Make sure your arbitration agreement is carefully drafted and presented. Confusing language or fine print can doom the agreement.

More states put limits on noncompete agreements

12/19/2019
This past year saw the passage of several new state laws that restrict employers’ use of noncompete agreements, including five states that banned employers’ use of noncompete pacts for certain low-wage employees.