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Employment Contracts

Court: DOL can override arbitration agreement

You may require workers to sign arbitration agreements to keep disputes over their independent contractor status out of the court system. Management-side employment lawyers have recommended that strategy for decades. However, that approach just ran into a major roadblock.

Biden orders FTC to review legality of noncompete agreements

President Biden signed an executive order directing the Federal Trade Commission to examine employers’ use of noncompete agreements and determine whether and when they might violate federal antitrust laws.

Beware ‘no-poach’ pacts with competitors

Recruiting new employees is difficult these days, making it more important than ever to retain the staff you already have. Just make sure your retention efforts don’t cross the line into collusion with other employers.

Arbitration pact gags could soon come off

Many cases go to court before they ever go to arbitration, forcing a decision on whether the agreement is legally binding. But that’s not the only problem with arbitration agreements.

Biden plans to limit noncompetes, ban no-poaching agreements

Biden campaign documents say he will support nationwide legislation to eliminate all noncompete agreements except those that are “absolutely necessary to protect a narrowly defined category of trade secrets.”

3 Supreme Court cases HR should watch

The U.S. Supreme Court’s 2020-2021 term is in full swing. So far, there are three cases on the docket that may affect employers. Here’s a brief summary of each.

Build options into your employment contracts

In reaction to the coronavirus pandemic, some employers have had to make the hard decision to downsize. Depending on the circumstances, that can cause legal headaches.

Pandemic workers’ comp waivers? A really bad idea

A Nevada restaurant last month began requiring workers to sign a safety liability waiver before it allowed them to return to work after COVID-19.

Prepare for the coming flood of arbitration

As if we didn’t have enough to worry about these days! An enterprising corps of lawyers have begun flooding the legal system with arbitration cases, upending a process that was designed to avoid expensive litigation.

Signed arbitration agreements are valid in Texas

A solid arbitration agreement likely will be enforced under Texas contracting law.