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Employment Contracts

Employers win California battle over mandatory arbitration

Call it a victory for employers that use arbitration agreements to quickly resolve workplace disputes without lengthy court battles and potential runaway jury awards. A federal appeals court has overturned a California law prohibiting employers from requiring employees to sign arbitration agreements. The ruling could mean similar laws in other states may be invalidated, too.

Case of the Week: No nondisparagement and confidentiality clauses in separation agreements

The National Labor Relations Board on Feb. 21 said it’s unlawful to include nondisparagement and confidentiality provisions in the severance agreements employers often ask laid-off employees to sign.

HR, business groups oppose noncompete ban

Banning noncompete agreements, the Federal Trade Commission contended, “could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.” The U.S. Chamber of Commerce last month vowed to sue to stop the rule from being implemented.

The feds are coming for your company’s noncompete agreements

The Federal Trade Commission proposed a new rule on Jan. 6 prohibiting employers from imposing noncompetes on their workers. Here are some of the biggest questions regarding the huge announcement.

FTC proposes ban on non-compete clauses

The Federal Trade Commission proposed the Non-Compete Clause Rule on Jan. 5, which would prohibit employers from entering non-compete agreements with employees and would rescind existing agreements.

Speak Out Act means changes for NDAs

Many employers require new employees to sign NDAs on the day they are hired. The agreements prevent employees from speaking out about a variety of workplace disputes. The Speak Out Act makes such NDAs unenforceable.

Bill voids NDAs in sexual harassment cases

The Speak Out Act voids any nondisclosure agreements in sexual assault or harassment cases. The bill passed Nov. 16 in the House, and the Senate passed the bill by unanimous consent in September.

One job at a time, please

Moonlighting, or working a second job, has always existed as a feature of the after-hours workplace. But computers and remote work have brought the temptation to work two or even three jobs into the daylight.

Banning noncompetes for the nonexempt

Rep. Mike Garcia (R.-Calif.) introduced the Restoring Workers Rights Act on Sept. 1 2022, a bill that would ban the use of noncompetition agreements for nonexempt employees across the country.

Heads up, California employers: Supreme Court limits PAGA

The Supreme Court rules: Federal Arbitration Act takes precedence when claims allege violations of a California’s PAGA law.