News & Analysis as of

Arbitration Preemption Non-Compete Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Payne & Fears

Key California Employment Law Cases: November 2020

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Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

Littler

July Is the New January: From Salary History to Data Security Breaches, New State and Local Laws Are Set to Take Effect Soon

Littler on

Every year state laws and local ordinances take effect after the first of the year, and 2018 is no exception. As always, Littler’s Workplace Policy Institute (WPI) has been tracking these developments....more

Burr & Forman

SCOTUS Reigns Supreme On Issue Of Arbitration Of Non-Compete Agreements

Burr & Forman on

Some states specifically allow non-compete agreements. Of those states, some have legislation that provides guidelines to parties to a non-compete agreement regarding enforceability. Other states take the approach that...more

Troutman Pepper

U.S. Supreme Court Orders State Court To Adhere To Federal Arbitration Act And Compel Arbitration

Troutman Pepper on

The United States Supreme Court recently entered the latest of a series of opinions that prevent state courts from interfering with arbitration on state policy grounds. On November 26, 2012, the Court issued its per curiam...more

Fisher Phillips

Non-Competes Pay a Rare Visit to the U.S. Supreme Court

Fisher Phillips on

This week, the U.S. Supreme Court issued a ruling in a non-compete case -- a type of dispute that rarely finds its way to the high court. See Nitro-Lift Technologies v. Lee, 568 U.S. --- (2012)....more

Sands Anderson PC

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

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Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

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