General Business Labor & Employment

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Got Proof? Court Requires Proof Employees Signed Arbitration Agreement to Compel Arbitration

Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate...more

U.K. Commission Says “No” to Bounties for Whistleblowers

The United Kingdom’s Parliament has been considering offering whistleblower bounties similar to those offered under the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act. A commission formed by the Bank of...more

Texas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment

The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of...more

Dial F for Fraud: Whistleblower hotlines are the way to go

You might think that when it comes to fighting fraud in the workplace, that the best methods are too expensive, too high-tech, or too complicated. Turns out, the best way to fight fraud actually starts with a tip....more

Focused on Franchise Law - August 2014

FRANCHISOR 101: NLRB McDonald's Ruling May Put Crimp on Franchising - On July 29, 2014, the general counsel of the National Labor Relations Board (NLRB) stated that McDonald's could be held jointly liable with its...more

New Difficulty With Settlements at the New York State Division of Human Rights

The New York State Division of Human Rights’ (NYSDHR or the Division) standard stipulation of settlement document does not always include all of the terms that an employer would want when agreeing to pay a monetary settlement...more

Delaware Supreme Court Permits Stockholders to Overcome Corporation’s Attorney-Client Privilege for “Good Cause”

On July 23, 2014, the Delaware Supreme Court in Wal-Mart Stores, Inc. v. Indiana Elec. Workers Pension Trust Fund IBEW held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a...more

Update on Covenants Not to Compete

Covenants not to compete can be valuable for an employer. But, as in many areas of employment law, non-compete law is always changing. Below are some issues for employers to consider, as well as some recent court...more

Let’s Shake On It: Texas Case Exemplifies the Perils of Adopting a Company-Wide Practice of Oral Agreements

An opinion out of the Fourteenth Court of Appeals demonstrates why employers need to be weary of developing a practice of oral agreements in regards to compensation upon which at-will employees may detrimentally rely. The...more

Second Circuit Rejects Extraterritorial Application of Dodd-Frank’s Whistleblower Anti-Retaliation Provision

On August 14, the United States Court of Appeals for the Second Circuit became the first U.S. appellate court to weigh in on the extraterritorial application of the whistleblower provisions of the Dodd-Frank Wall Street...more

Dealership Handbooks Are Being Picked Apart

Whether your dealership is unionized or you’ve never had to deal with organized labor, your employment policies are more likely now than ever to be targeted by the National Labor Relations Board (NLRB). Over the past two...more

An Appreciation for Hedging Your Bets on Deferred Compensation

Under Section 457A of the U.S. Internal Revenue Code of 1986 (the “Code”), certain offshore and other entities are limited in their ability to provide tax-effective deferred compensation to providers of services to those...more

The Notice Period: Employees Who Refuse to Work

If an employee walks out, refusing to work his notice period, can an employer elect to keep the contract of employment alive, without paying the recalcitrant employee? ...more

Trends in New Jersey Employment Law - August 2014

LAD Roundup - In recent weeks, New Jersey's primary employment discrimination statute—the Law Against Discrimination (LAD)—has been the focus of judicial scrutiny....more

Second Circuit Holds That Dodd-Frank Act Does Not Protect Whistleblower Outside U.S. Territory

Thursday's post on the SEC’s whistleblower program discussed among other topics the question of whether the Dodd-Frank Act protects employee whistleblowers from retaliation by their employers where the employees only raise...more

Happy Birthday Dodd-Frank: The Whistleblower Program Milestones and How They’ve Impacted Business Ethics Training

Did you have some cake? Break out the balloons? While it’s hard to believe, it is true. Our little Dodd-Frank, signed into law by President Obama in 2010, is already four years old and about ready for pre-school. Although we...more

Whistleblower Antiretaliation Provision Does Not Apply Outside the U.S.

The Court of Appeals for the Second Circuit ruled today that the Dodd-Frank Act's prohibition on retaliation against whistleblowers does not apply extraterritorially. In affirming the dismissal of the case on...more

Does Bird’s Eye View Render Executive Non-Compete Unenforceable?

So here’s a good one for healthcare employers to ponder. Let’s say you have an executive subject to a valid and seemingly enforceable non-compete agreement. Because the agreement concerns an executive, we would normally...more

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

Bring Your Own Device Doesn't Mean Bring in Security Breach

Bring-Your-Own-Device (“BYOD”) policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely. However, when implementing any BYOD policy there are...more

Massachusetts Legislature Fails to Pass Bill to Ban Noncompetes and Adopt the UTSA

Employers in the Commonwealth of Massachusetts can breathe a sigh of relief now that the Massachusetts legislature has rejected a bill to ban noncompetition agreements. The effort to outlaw noncompetes in the Commonwealth has...more

Employer Cannot Compel Former Employee to Arbitrate Claims After Failing to Follow Preliminary Steps of the Contractual...

The issue before the Court of Appeal for the Second Appellate District was whether KTLA, LLC, a Los Angeles based broadcaster, could compel a former employee, Kurt Knutsson, to arbitrate his claims against KTLA. (Knutsson v....more

Top Ten Tips for the Workplace

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best practices in the workplace. Ensuring compliance with our Top Ten Tips list below, will help to keep your workplace...more

ArbitrationNation’s Third Anniversary Threesome

After 155 posts, can there possibly be more to say? Yes, indeed. Three new opinions from federal courts of appeals demonstrate how new issues keep “cropping” up in arbitration law each week....more

LinkedIn Compliance Settlement Highlights Why Wage and Hour Training Is So Critical

Last week, the Department of Labor announced that LinkedIn paid nearly $6 million ($3.3 million in back wages and $2.5 in liquidated damages) to 359 employees in back wages and damages for unpaid overtime, after an...more

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