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Employment Contracts

Workers can’t sign away their rights to overtime

A California home care agency was ordered last month to pay $315,000 in unpaid overtime to 158 workers. The owner unlawfully required hourly workers to sign an agreement to be paid straight time for each pay period.

Biden signs bill banning forced arbitration of harassment claims

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 is now the law of the land. The bill, which took effect immediately when President Biden signed it March 3, makes it illegal to require employees to arbitrate sexual harassment claims.

No more forced arbitration of harassment claims

If you ask employees to sign agreements requiring arbitration of work-related disputes or claims, call a meeting with your attorney right away. Congress just passed and President Biden is expected to sign legislation that prohibits employers from requiring arbitration of sexual harassment claims.

No, you cannot require at-will employees to stay

Employment at-will means employers and employees alike are free to end the employment relationship at any time for any reason, or even no reason at all. One employer recently got lost on that two-way street.

It’s time to review noncompete agreements

Two practical steps can help assure your noncompete agreements actually prevent unfair competition from former employees.

Bill would restrict arbitration confidentiality

A rising chorus of employee advocates, many speaking for victims of sexual harassment, want to make it illegal to require confidentiality when workers agree to settle workplace disputes through arbitration. Congress is listening.

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.