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Employment Contracts

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.

School contractor sues, won’t pledge not to boycott Israel

A speech pathologist who has worked as a contractor for the Pflugerville Independent School District since 2009 is suing the district and Texas Attorney General Ken Paxton, alleging a clause in her contract violates the Constitution.

5 trends shaped employment law in 2018

Five key trends defined the employment law landscape in 2018 according to the Seyfarth Shaw law firm’s 15th annual Workplace Class Action Litigation Report.

Court: Class-action waiver of future claims OK despite current litigation

A California state appeals court has upheld the right of an employer to require an employee to sign off on an arbitration agreement even though there may be a pending class-action lawsuit in which she is a party member—as long as the class-action subject matter can still be heard in arbitration.

Court hearing federal whistleblower case upholds broad arbitration agreement

A federal court in Texas has upheld a broad arbitration clause, concluding it applies to all claims related to employment.

Arbitration agreements may have to go to court first

Because arbitration agreements are contracts, there are still preliminary questions to be resolved, such as whether an agreement was written in a way that binds both parties. That can mean a preliminary court battle.

California courts can modify arbitration agreements

In certain arbitration agreements, employees cannot waive the right to collect attorneys’ fees if they prevail. But including such a waiver in the agreement doesn’t necessarily doom it.

Arbitration pacts: Beware language barriers

Employers who have their employees sign arbitration agreements need to consider what might happen if an employee challenges the agreement on the grounds that it might be unconscionable.

Facebook, Google end harassment-arbitration rules

Under pressure from employees, a pair of tech giants—Facebook and Google—revised their policies last month to make private arbitration a choice (rather than a requirement) in employee sexual harassment claims.