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Employment Contracts

Confusing arbitration pact favors employee

10/31/2019
If you use an arbitration agreement to limit state and federal employment litigation, make sure the agreement your employees sign isn’t confusing. Courts interpret agreements against those who drafted them.

Arbitration agreement can last as long as employment

10/31/2019
A properly worded arbitration agreement that has no end date remains in force throughout the employment relationship. Just make sure you get a new employee’s signature on the agreement when he starts work; then keep a copy indefinitely.

Broad arbitration pacts offer most legal protection

10/24/2019
If you choose to use an arbitration agreement to settle workplace disputes, it may pay to make it as broad as possible.

Ensure settlement agreement ends threat of litigation

10/04/2019
Sometimes, it makes sense to settle employment-related lawsuits before they go to court. But settling only make sense if the settlement agreement is drafted to ensure there is no possibility of future litigation.

Ensure arbitration meets NLRB standards

09/18/2019
For several years, the NLRB has argued that some arbitration agreements violate the NLRA because they limit employees’ right to engage in concerted activity to improve working conditions. Now, the NLRB has eased its criticism of one popular arbitration condition: Mandatory arbitration.

Court: NY’s ban on mandatory arbitration of harassment claims violates federal law

08/07/2019
Last year, new legislation made it unlawful for employers to force employees to sign arbitration agreements covering for sexual harassment claims. Now a federal court considering such an agreement has concluded the law violates an existing federal law.

Older worker must sign severance agreement in order to claim OWBPA violation

08/01/2019
Under the Older Workers Benefit Protection Act, employers are required to follow certain rules before getting employees to promise not to sue in exchange for receiving a severance payment. But merely presenting a severance offer that technically doesn’t meet those standards isn’t a separate legal wrong, as a recent case shows.

Work with IT to capture agreement to arbitrate

07/30/2019
Now that most hiring is handled electronically, it’s easier than ever to collect an employee’s acknowledgment that he agreed to the terms of an arbitration agreement.

Ensure each worker receives your arbitration agreement

07/02/2019
To bind workers to the terms of an arbitration agreement, employers must prove those workers actually received a copy.

Have attorney draft arbitration agreement

07/02/2019
If you’re interested in using arbitration as an alternative to costly and drawn-out litigation, you may be tempted to use a general, restrictive arbitration agreement for all states in which you have operations. That can be a big mistake if you also have employees in California.