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Employment Contracts

Court ruling places new restrictions on noncompete agreements

Texas courts frequently enforce geographic and other restrictions on a former employee’s ability to compete with his or her prior employer. A recent decision highlights the requirement that any such restrictions, including geographic restrictions, must be reasonable to be enforceable.

Arbitration agreements may not cover delivery drivers

A California court has concluded that the Federal Arbitration Act, which makes the agreements enforceable, may not apply to delivery drivers engaged in interstate commerce.

Ensure arbitration agreements apply equally to both employees and employer

Arbitration can provide an easier, quicker and less expensive avenue than litigation for handling employment-related claims. But unless your arbitration agreement has been carefully reviewed for adherence to California contract law, the agreement may be struck down.

Supreme Court throws cold water on group arbitration

The U.S. Supreme Court delivered good news to employers on April 24 with a 5-4 decision that said employees cannot demand class-wide arbitration unless the arbitration agreement they signed explicitly allows it.

Appeals court clarifies FCRA disclosure requirements

The federal Fair Credit Reporting Act remains one of the most contentious and expensive litigation areas for employers. Now the 9th Circuit has again weighed in on this issue, raising the standard required to meet the disclosure requirements.

With stroke of a pen, court sends case to arbitration

A federal court considering a discrimination claim has ordered the case to arbitration despite the fact the court found some sections of the arbitration agreement unconscionable.

Employment law on Supreme Court docket

In the three months before the Supreme Court’s 2018-2019 session closes, it will decide several employment law cases and may rule on the biggest issue the court could face this year: Whether Title VII of the Civil Rights Act bars discrimination on the basis of sexual orientation.

Supreme Court upholds interstate driver arbitration agreement

The U.S. Supreme Court has held that the Federal Arbitration Act did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an independent contractor.

Ensure employee has all parts of arbitration agreement

Don’t exclude any parts of an arbitration agreement when you have a worker sign it. California courts won’t hesitate to toss out missing portions.

Be prepared to prove employee really did sign arbitration agreement

If you are a California employer that uses arbitration to settle workplace disputes, you need a good system to prove that each employee signed off on the agreement.