On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more
7/2/2019
/ Adverse Employment Action ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Retaliation ,
Sexual Harassment
In an Opinion Letter released on Tuesday, May 14, the Office of the National Labor Relations Board’s General Counsel opined that Uber drivers are not legal “employees” for the purposes of federal labor laws. ...more
5/20/2019
/ Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
NLRB ,
NLRB General Counsel ,
Opinion Letter ,
Over-Time ,
Rulemaking Process ,
Uber ,
Wage and Hour
Employers in Minnesota should be aware of a key difference between federal and Minnesota employment law. In McBee v. Team Industries, Inc., the Minnesota Supreme Court held that...more
Following up on a recent post about the intricacies of mandatory arbitration agreements in the workplace, the New Jersey Appellate Division recently held that an arbitration clause that employees did not explicitly agree to...more
New Jersey employers seeking to compel arbitration secured a big win earlier this month when a federal judge ruled that former employees agreed to an arbitration agreement by clicking on a hyperlink sent to them by their...more
Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more
11/21/2017
/ Breach of Contract ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Declaratory Judgments ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Implied Covenants ,
Non-Compete Agreements ,
Preemption ,
Promissory Estoppel ,
Severance Agreements ,
Severance Pay ,
Treble Damages ,
Wage and Hour