For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more
10/5/2023
/ Business & Professions Code ,
CA Supreme Court ,
Contract Terms ,
Cross-Border ,
Employer Liability Issues ,
Employment Contract ,
Non-Compete Agreements ,
Public Policy ,
Restraint of Trade ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
3/6/2023
/ China ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Made in the USA ,
Mexico ,
Non-Compete Agreements ,
Real Estate Investments ,
Research and Development ,
State Labor Laws
In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more
4/1/2019
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Federal Arbitration Act ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Misclassification ,
Putative Class Actions ,
Transportation Industry
• The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry.
• The Court held that a court –...more
1/18/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute over the applicability of the Federal...more
1/16/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more
On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more
3/2/2018
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Commercial Truck Drivers ,
Discovery ,
Employee Training ,
Employment Contract ,
Federal Arbitration Act ,
Federal Aviation Administration (FAA) ,
Independent Contractors ,
Misclassification ,
Motion to Dismiss ,
Split of Authority ,
Transportation Contracts ,
Transportation Industry ,
Wage and Hour