Employment Contract

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California Employment Law Notes - October 2016

Newly Enacted California Statutes - Minimum Wage Increases - As of January 1, 2017, businesses with 26 or more employees must pay a minimum wage of $10.50 per hour; the rate increases to $15.00 per hour in 2022....more

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

DOJ and FTC issue antitrust guidance for employment agreements

The US Department of Justice and the Federal Trade Commission have jointly issued new antitrust guidelines for human resources professionals.  The agencies announced they intend to aggressively challenge, including through...more

Prescribing the “minimum effective dose”

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

Loi Travail : les nouvelles règles en matière de durée des accords collectifs

Since August 10, 2016, the rules concerning the duration of collective agreements are changed. Previously, collective agreements in principle were permanent. An express clause could, however, provide a fixed term of up...more

Revision of limitation periods in future employment contracts required: Amendment of sec. 309 no. 13 German Civil Code (BGB)

As of October 1, 2016 employment contracts may only require text form, not the more formal written form, for all notices or statements issued by employees. Text form is met e.g. by an email. Any clause in an employment...more

California Court of Appeal Reinforces Prior Holdings and Allows Employer to Enforce Arbitration Award in Contract of Adhesion

In Da Loc Nguyen v. Applied Medical Resources, No. G057702 (Cal. Ct. App. October 14, 2016) (hereinafter “Nguyen”), the California Court of Appeal upheld a ruling compelling arbitration of plaintiff’s individual claims...more

New California Bill Targets Choice of Law and Forum Provisions in Employment Contracts

Action Item: California Bill 1241 may give employees the power to void choice of law and forum provisions that subject employees to the laws of states other than California. The bill, which was passed on September 25, 2016,...more

California Places Limits on Forum Selection and Choice of Law Provisions in Employment Agreements

Employees who primarily reside and work in California will soon have additional grounds to void forum selection and choice of law provisions included in employment-related agreements. Senate Bill 1241 - Under...more

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees

On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract rights of California employees. Labor Code Section 925 imposes new limits on contract provisions that seek to impose choice of law and...more

Uber and IC Misclassification in New York: The Other Shoe May Be Dropping

The New York Times today reported that the New York State Department of Labor has found two Uber drivers as eligible for unemployment benefits after having rejected the company’s argument that the drivers are independent...more

For Its 2016-2017 Term, Supreme Court Takes A Cautious Approach, With Few Blockbuster Labor and Employment Cases

Last week, the U.S. Supreme Court began its first full term since the death of Justice Antonin Scalia, the central advocate for the Court’s conservative bloc. Since Justice Scalia’s death this past February, the Court has...more

Another Employee-Friendly Law: New California Law Aims to Keep Employment-Related Disputes Centered in California

Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so. With limited exceptions, the new law,...more

California Prohibits Out-of-State Venue and Choice-of-Law Provisions in Employee Agreements

On September 25, California’s labor law became even more employee-friendly with the addition of Section 925. Under Section 925, employers generally cannot require employees who primarily reside in California to litigate or...more

New California Law Threatens To Destroy Plan Uniformity

Companies often include a choice of law provision in their equity and other compensation plans. Some companies include a choice of law in the award agreement, either in lieu of, or in addition to, the plan document. ...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Opt-Out Clauses May Help Some Employers Opt In To Individual Arbitration

Ironically, giving employees the right to decline to resolve their employment claims in binding arbitration may actually help employers enforce arbitration agreements in some parts of the country....more

Be Aware Belgium - September 2016

Under the principle of proportionality, can a serious cause be dismissed considering that the sanction resulting from the serious cause is unreasonable? In a judgment dated 6 June 2016 (S.15.0067. F/1, available through...more

California's new "choice" of law and venue rules for employment agreements

California Labor Code section 925 will apply to employment contracts entered into, modified, or extended on or after January 1, 2017. This new law prohibits employers from requiring an employee who primarily resides and works...more

New California Law May Preclude Use of Forum-Selection Clauses to Enforce Non-Compete Agreements in Employment Contracts

On September 25, California Governor Jerry Brown signed into law Senate Bill 1241. SB 1241, effective January 1, 2017, adds Section 925 to the Labor Code to restrain the ability of employers to require employees to litigate...more

California Law to Prohibit Choice of Law Provisions for In-State Employees

On September 25, 2016, California Governor Jerry Brown signed into law S.B. 1241, which prohibits employers from requiring employees, as a condition of employment: (1) to litigate or arbitrate claims arising in California...more

Enforceable Promises

The very first item on our list of rules for employers is this: don’t make promises to your employees that you can’t or won’t keep. Employers’ promises include those set out in employment contracts, of course, but there are...more

[Webinar] Employment and Severance Agreements At Home and Abroad - Part 1: Severance Agreements (Two Part Series) - Oct. 19th -...

Please join us for an informative live webinar series that will provide a practical overview of employment and severance agreements around the globe. On October 19th, our panel of speakers will discuss the various federal and...more

California Severely Limits Employment-Related Choice of Law and Venue Provisions

To follow up on our Client Alert of April 25, 2016, California Gov. Jerry Brown signed California Senate Bill 1241, codified as Labor Code section 925, into law earlier this week. This means that starting Jan. 1, 2017,...more

California Bans Out-of-State Law

California has passed a novel piece of employment law. New section 925 of the California Labor Code prohibits employers from requiring employees to sign an agreement that (a) forces the employee to litigate or arbitrate...more

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