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Employment Contracts

Supreme Court tackles workplace arbitration

10/05/2017

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

10/03/2017
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

09/28/2017
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

08/21/2017
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

08/03/2017
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

07/03/2017
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

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.