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Employment Contracts

NLRB limits arbitration agreement class-action waivers

03/29/2012
Recently, the National Labor Relations Board held that class-action waivers violate em­­ployees’ rights to engage in concerted activity. In D.R. Horton, the NLRB said that employers may not compel employees to waive their NLRA rights to collectively pursue litigation of employment claims in all forums, arbitral and judicial. What does that mean for employers?

NLRB adds another wrinkle to arbitration agreement law

03/14/2012

In January, the National Labor Relations Board held that employers may not require employees to sign arbitration agreements that waive their rights to bring class or collective actions. The D.R. Horton decision will probably be appealed. In the meantime, however, the ruling holds important implications for employers.

One-sided arbitration agreement won’t fly in Texas

03/08/2012
Arbitration agreements have to meet basic contract rules, including one that says both parties must be bound by its terms. Otherwise, the agreement is “illusory” and won’t be considered a binding contract.

State Supreme Court affirms business-interest test for noncompetes

02/15/2012
On Dec. 1, 2011, a unanimous Illinois Supreme Court issued its decision in Reliable Fire Equipment Co. v. Arredondo et al., reaffirming that an enforceable noncompete agreement must be supported by a legitimate business interest.

Arbitration agreement buried in job application? Have your attorney review it ASAP

01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.

Following EEOC victory, carefully consider conditions you include in last-chance agreements

01/18/2012

In a significant legal victory, the EEOC has persuaded a federal court to limit what employers can in­­clude in so-called last-chance agreements. The court concluded that the EEOC was right when it argued that agreements threatening retaliation are illegal …

Always seek attorney’s help when drafting contracts

01/05/2012
Creating independent-contractor agreements is not a do-it-yourself job. Always get expert legal help.

What HR pros must know about protecting trade secrets

12/30/2011
When any valued employee leaves, the company experiences a loss. The loss is greater, however, when the former employee departs to work for a competitor and begins using the company’s confidential information or trade secrets. HR has a key role to play in protecting a company’s proprietary information. Here’s how to do it.

Special work arrangement? Ensure worker’s at-will status

12/21/2011
Occasionally, you may decide to create alternative work arrangements based on written agreements. How you do that is crucial to retaining at-will status.

Take-it-or-leave-it arbitration clause is fine if the underlying agreement is fair

12/16/2011

The Court of Appeal of California has handed a significant victory to employers that use arbitration agreements as a condition of employment. As long as the underlying terms of the agreement are fair and the arbitration process impartial, the court will send a case to arbitration even if the employee had no choice but to sign the agreement.