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Employment Contracts

Employee representing herself? Document all parts of settlement process

01/11/2017
Carefully document the settlement process. Be able to prove you suggested having the employee ask a real attorney to review the proposed settlement.

Even in California, arbitration agreement can be valid if employee knowingly signed it

12/22/2016
A federal court has ordered an FMLA interference case to be sent to arbitration pursuant to an agreement an employee signed when he was hired.

Arbitration agreement applies after discharge

12/12/2016
A federal court has ruled that an arbitration agreement that purported to apply to just about all possible employment-related claims now and in the future can also apply to subsequent failure-to-hire claims.

Strip club’s stage lease doesn’t stop wage lawsuit

12/06/2016
An exotic dancer at Philadelphia’s Gold Club can sue under the Fair Labor Standards Act, following a ruling by a federal appeals court panel.

It’s up to you to prove worker signed contract

11/28/2016
It’s not enough to show the agreements were on an application or in the handbook and that the company policy required them to be signed.

Appeals court ruling: USERRA claims can go to arbitration

11/28/2016
The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Don’t bury arbitration in your handbook–disclaimer could compromise agreement

11/28/2016
Don’t bury an arbitration agreement in an employee handbook that includes a disclaimer stating that the handbook is not a contract.

Contracts should spell out at-will employment

10/20/2016
It’s unusual, but sometimes a written offer of employment for a specific time period can overcome the usual presumption of at-will employment. Note, however, that other documents may stipulate that employment is at-will—and they will stand up in court.

Supreme Court asked to rule on legality of class-action waivers

09/12/2016
It seems increasingly likely that the U.S. Supreme Court will agree to decide one of the hottest topics in employment law: Whether class-action waivers in employment agreements are legal.

Supreme Court could rule on class-action waivers

09/08/2016
A Wisconsin software company on Sept. 6 asked the U.S. Supreme Court to decide whether class-action waivers in employment agreements are legal.