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Employment Contracts

Beware oral contracts on top of written ones

Think a simple written employment contract precludes other oral contracts? Think again. It is quite possible in California for an employee to win an oral contract claim despite an apparent written contractual agreement that seems to preclude just that, as a recent case shows.

Weinstein harassment case could advance arbitration bill

Allegations of rampant sexual harassment and abuse by movie producer Harvey Weinstein might create momentum to pass legislation limiting the use of mandatory arbitration agreements in the workplace.

NLRA doesn’t bar unrelated arbitration

The National Labor Relations Act lets workers file unfair labor practice complaints with the National Labor Relations Board. But that doesn’t mean employers can’t have workers sign arbitration agreements for employment-related claims, according to a recent federal court decision.

Supreme Court tackles workplace arbitration


The first day of the U.S. Supreme Court’s 2017-2018 term may go down as “an epic day for employers,” according to court-watchers analyzing oral arguments in a case that will likely decide the extent to which employers can compel employees to arbitrate work disputes instead of taking class-action lawsuits to court.

Beware one-sided arbitration agreements, which courts are liable to toss out

Arbitration agreements can be a great way to save time and money on litigation should an employee accuse you of violating employment laws. But unless the agreement is properly drafted, it can be struck down.

Arbitration required for more than half of U.S. workers

More than half of private-sector nonunion workers must sign arbitration agreements as a condition of employment, according to a new study by the Economic Policy Institute.

When contractual matters are on the line, beware casual online click-thrus

Unless you can verify that the employee did in fact complete your process, it may not actually bind employees to any contractual provisions such as arbitration agreements.

Want arbitration? Consider opt-out provision

One of the most difficult aspects of creating a binding arbitration agreement is the almost inevitable litigation over whether the agreement you presented to workers is a legally binding contract. This case shows one way to make a contract binding: Allow employees to opt out up front.

Seek your attorney’s help when drafting arbitration agreements

One wrong provision can force you into court to litigate the validity of the agreement before you ever get to arbitration.

New York City labor update: Pay history, written contracts

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.