Employment Contract

International Dismissal Toolkit: Individual Employment Terminations and Reductions-in-Force Outside the United States

by Donald C. Dowling, Jr. | White & Case LLP on 5/16/2013

Firing an employee in the United States can be a challenge. Group firings—reductions in-force — can be an even bigger challenge. And from the point of view of a multinational headquartered in the United States, overseas...more

Employment Law Lessons From Chicken And Rice

by Michael Schmidt | Cozen O'Connor on 4/29/2013

Let’s first dispense with the opening hook by asking: Was Rutgers University acting “chicken” when it (finally?) chose to fire Coach Mike Rice only after public outrage over events that took place last year? Whether or not...more

UK Employment Alert No 208: Employee-Shareholder Status

by Katie Clark | McDermott Will & Emery on 4/29/2013

On 8 October 2012, George Osborne announced that the UK Government was proposing a new type of employment contract, dubbed the “employee-shareholder” contract....more

Navigating through the Challenging German Employment Law Framework for Japanese Companies Doing Business in Germany

by Lutz Hoheisel | Orrick, Herrington & Sutcliffe LLP on 4/23/2013

In This Presentation: 1. Employment law in Germany – General facts 2. The Employee 3. Overview on German social security system 4. Dismissal of employees 5. Managerial authority 6. Modification of...more

Mass-Mailing To Public Employees Did Not Violate Non-Solicitation Agreement

by John Paul Nefflen | Burr & Forman on 4/17/2013

A Florida court recently held a former employee’s “mass-mailing” to her former employer’s customers did not violate her non-solicitation agreement. In Variable Annuity Life Insurance Co. v. Laeng, Docket No....more

Employment Law in the United Kingdom

by Amanda Caldwell | Fisher & Phillips LLP on 4/10/2013

The United Kingdom (“UK”), comprised of England, Northern Ireland, Wales and Scotland, has a population of over 62 million people, is culturally diverse and remains one of leading financial and service centers of the world....more

Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal...

by Alissa Horvitz, Jade Cobb Murray, Joshua Roffman | Littler on 4/9/2013

In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal...more

FCA Provides Guidance On Role Of Intent In Determining Status Of Worker

by Timothy Fitzsimmons | Dentons on 4/9/2013

The role of intent in the determination of whether a worker is an employee or independent contractor has taken on greater significance in the last decade or so. However, despite a series of decisions on the issue from the Tax...more

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

by Michael Newman | Barger & Wolen on 4/8/2013

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

Supreme People Court's Interpretation on Employment Law Issues

by Sharon Xu | Sheppard Mullin Richter & Hampton LLP on 3/22/2013

Employers need be aware of a recent interpretation issued by the PRC Supreme Court which clarifies a number of employment issues related to service year, non-competition, amendment to employment contract and employment...more

Ten Questions Regarding Brazilian Labor and Employment law

by Antonio Piccirillo | Proskauer - International Labor Law on 3/18/2013

1. What are the primary sources of labor and employment rights in Brazil? There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação...more

Who’s The “Company”?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 3/1/2013

In corporate groups, who employs whom may not be entirely clear. For example, an employee may have an employment agreement with a subsidiary but think of herself as being employed by the corporate parent. The identity of the...more

New Caledonia Investment Guide - Baker & McKenzie

by Emmanuel Guillaume, Mathieu Hanaut | Baker & McKenzie Australia on 2/27/2013

In This Issue: New Caledonia - an overview; Company law; Mining law; Environmental law; Immigration; Employment; and Overview of the New Caledonian tax system. Except from New Caledonia - an overview: -...more

My Thoughts on Michigan's Proposed Non-Compete Legislation

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/27/2013

What do Michigan and New Hampshire have in common, besides being two more states Mitt Romney couldn't carry? They have proposed or enacted legislation that restricts the use of so-called "afterthought" non-competes. This...more

Court Rules Pension Plan Members Not Entitled to Indexing

by Mark Newton | Heenan Blaikie LLP on 2/27/2013

In a decision released this month, the Saskatchewan Court of Appeal ruled that members of the Saskatchewan public service pension plan are not entitled to indexed pension benefits, beyond what was already provided for in...more

Employment Flash - February 2013

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

Are “Working Interviews” Legal?

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 2/25/2013

One of my dental practice clients called this week to inquire about an idea they heard of recently called a “working interview.” The idea is to have an hygienist come in for a couple of days to find out whether they are good...more

Broad Federal Policy Favors Arbitration Agreements, Can Extend to Non-Parties

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/25/2013

With the Supreme Court last year strengthening the case for the arbitratrion of non-compete disputes, count me in as one who is fairly confident we're going to see businesses utilizing such clauses more in employment and...more

New Ohio Law Revisits Issue of Patient Notice of Physician Departure - Ohio House Bill 417

by Eric Plinke | Dinsmore & Shohl LLP on 2/21/2013

In the midst of the current trend of physician-hospital alignment, and ever-growing numbers of physicians being employed by hospital and health systems, the Ohio General Assembly has passed a new law which changes existing...more

Is The State A Silent Partner In Your Contract? Court Strikes Choice Of Law Provision Because Enforcement Would “Frustrate A...

by Donald Taylor, James Tonrey, Jr. | Wilentz, Goldman & Spitzer P.A. on 2/20/2013

“Freedom of contract”, the very fabric of free market competition and the backbone of laissez-faire economics, stands for the proposition that every competent adult has the right to make a legally binding agreement free from...more

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