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Employment Contracts

Banning noncompetes for the nonexempt

Rep. Mike Garcia (R.-Calif.) introduced the Restoring Workers Rights Act on Sept. 1 2022, a bill that would ban the use of noncompetition agreements for nonexempt employees across the country.

Heads up, California employers: Supreme Court limits PAGA

The Supreme Court rules: Federal Arbitration Act takes precedence when claims allege violations of a California’s PAGA law.

Is your noncompete killing a fly with a sledgehammer?

Use discretion and common sense. Narrowly tailor your restrictive covenant agreements to the specific interests you are trying to protect.

Supreme Court delivers arbitration win for workers

A unanimous U.S. Supreme Court just made it harder for employers to require employees to arbitrate instead of litigate, even if employees have signed agreements promising to resolve all employment-related complaints through arbitration.

Workers can’t sign away their rights to overtime

A California home care agency was ordered last month to pay $315,000 in unpaid overtime to 158 workers. The owner unlawfully required hourly workers to sign an agreement to be paid straight time for each pay period.

Biden signs bill banning forced arbitration of harassment claims

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is now the law of the land. The bill, which took effect immediately when President Biden signed it March 3, makes it illegal to require employees to arbitrate sexual harassment claims.

No more forced arbitration of harassment claims

If you ask employees to sign agreements requiring arbitration of work-related disputes or claims, call a meeting with your attorney right away. Congress just passed and President Biden is expected to sign legislation that prohibits employers from requiring arbitration of sexual harassment claims.

No, you cannot require at-will employees to stay

Employment at-will means employers and employees alike are free to end the employment relationship at any time for any reason, or even no reason at all. One employer recently got lost on that two-way street.

It’s time to review noncompete agreements

Two practical steps can help assure your noncompete agreements actually prevent unfair competition from former employees.

Bill would restrict arbitration confidentiality

A rising chorus of employee advocates, many speaking for victims of sexual harassment, want to make it illegal to require confidentiality when workers agree to settle workplace disputes through arbitration. Congress is listening.