Employment Contracts

Whistleblower lawyer says company dodged taxes

01/29/2016

An attorney who once worked for Valley Forge, Pa.-based investment firm Vanguard claims the company charges its affiliates artificially low management fees, which illegally reduces its own tax burden.

That air-tight arbitration clause? It might not stop class-action after all

01/28/2016

A federal magistrate has ordered notifications sent to a large group of employees inviting them to join in a Fair Labor Standards Act lawsuit.

Using independent contractors? Protect your intellectual property rights

01/22/2016

If you use independent contractors to perform design work, make sure your contractor agreement transfers copyrights and other intellectual property rights to you.

Ensure arbitration agreements are fair to all, comply with California’s FEHA law

01/15/2016

Before introducing an arbitration agreement for employees or independent contractors, make sure it will stand up in court.

Are noncompete agreements legal in Texas?

01/14/2016

Q. Can noncompete agreements be enforced against at-will employees in Texas?

For unemployment purposes, your degree of control determines worker’s status

01/12/2016

Under Minnesota unemployment compensation law, individuals aren’t independent contractors just because the company that uses their labor says they are.

Pennsylvania State Supreme Court rules on noncompetes

01/04/2016

The Pennsylvania Supreme Court has clarified rules for noncompete agreements entered into after an employee has been hired. It has concluded for the first time that the employer must offer the employee (and the employee must accept) something of value beyond just a mutual promise to make the agreement binding. This has practical consequences for employers adopting or modifying employment agreements.

Use crystal clear language in contracts when defining commissions, bonuses

12/07/2015

Do you pay some employees a bonus based on sales or hitting other quotas or targets? Make sure the agreement promising such bonuses is clear and unambiguous. Unclear language can result in you being tied up in years of litigation.

Arbitration agreement: Don’t bury it in handbook; deliver separate document

11/24/2015

Do you require employees to direct employment law complaints through the arbitration process rather than a lawsuit? If so, don’t bury your arbitration agreement deep in your handbook or job application. Instead, present workers with a separate document. As this new case shows, California courts are more likely to find a separate agreement to be binding.

Protect against breach-of-contract claims

10/16/2015

Precise language in a settlement agreement helped an employer survive a breach-of-contract lawsuit filed by a former employee.