Employment Contracts

No, you cannot require at-will employees to stay

02/03/2022

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

12/09/2021

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

Bill would restrict arbitration confidentiality

12/02/2021

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

10/07/2021

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

07/15/2021

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

05/20/2021

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

04/08/2021

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

12/01/2020

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

10/15/2020

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

08/20/2020

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.