News & Analysis as of September 22, 2024

Employee Handbooks › Motion to Compel

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both... more +

Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

California Court of Appeals Holds That No Initials Are of “No Legal Consequence” To Enforce Arbitration

Epstein Becker & Green on 9/30/2020

On July 8, 2020, the California Court of Appeals held that when an employee fails to initial a specific part of an arbitration agreement, but still signs it, the agreement is still enforceable....more

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

Carlton Fields on 11/28/2016

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Arbitration Plan Contained in Employee Handbook Enforceable? Not Without Savings Clause, Fifth Circuit Says

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2016

In Nelson v. Watch House International, L.L.C., (No. 15-10531), the Fifth Circuit Court of Appeals reversed a district court decision dismissing an employee’s lawsuit against his employer and compelling arbitration. The Fifth...more

New Year's Resolution for Employers: Review Employee Handbooks and Agreements

Maynard Nexsen on 12/10/2015

A Nov. 24, 2015, decision from the U.S. Court of Appeals for the Fourth Circuit, which has jurisdiction over the Carolinas, about an arbitration provision included in an employee handbook serves as a warning to employers to...more

Handbook Is No Arb. Agreement

Sherman & Howard L.L.C. on 11/30/2015

In Lorenzo v. Prime Communications, L.P., No. 14-1727 (4th Cir. Nov. 24, 2015), Lorenzo sued her former employer, Prime Communications, L.P. (“Prime”), for minimum wage and overtime violations. Prime tried to compel...more

Second Circuit Upholds Arbitration Agreement Absent Employee’s Signature

Carlton Fields on 8/14/2015

The United States Court of Appeals for the Second Circuit issued a summary order affirming a decision by the district court for the district of Connecticut compelling arbitration pursuant to an employee handbook’s mandatory...more

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