Contract Formation, Employer Liability Issues

No Signature, No Problem: How Conduct Can Bind an Employer to an Agreement

Tucker Arensberg, P.C. on 8/29/2023

In a recent case involving the Steelworkers Pension Trust (the “SPT”) versus Republic Steel, a federal magistrate judge in the Western District of Pennsylvania ordered Republic Steel to pay the SPT nearly $1.4 million for...more

Columbus, Ohio, Adds Freelance Worker Protections to Its City Code

Epstein Becker & Green on 7/28/2023

The nationwide growth of the “gig economy” has provoked the enactment of laws aimed at providing economic protection to freelance workers. In May 2023, the Columbus City Council joined this national trend by amending the...more

A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap

Genova Burns LLC on 8/4/2022

On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG...more

Are reservations in Dutch employment contracts a good idea?

Littler on 10/15/2021

Employers in the Netherlands are sometimes keen to include a reservation when they form an employment contract. A reservation can be formulated as a condition precedent or a resolutive condition. Both types of conditions...more

Employee Handbooks (and Policies): Make Sure that the Policies and Disclaimer Accomplish their Purpose

Dorsey & Whitney LLP on 2/4/2021

On February 3, 2021, in Hall v. City of Plainview, A19-0606, the Minnesota Supreme Court gave something to employees and employers alike when it addressed the issue of whether a handbook policy can create a unilateral...more

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Mintz - Arbitration, Mediation, ADR... on 7/29/2019

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Postmates Shows It’s As Easy As 1-2-3 To Ensure Arbitration With Your Contractors

Fisher Phillips on 12/20/2018

A recent decision from a federal court in California shows that there is a simple three-step process to follow if you want to ensure that your gig workers are found to be subject to your arbitration provisions. The judge’s...more

Ensuring that Your Employees’ Electronically-Signed Agreements are Enforceable

Gray Reed on 5/24/2018

Duncey’s Caps, Inc. hired Bud Dunop as its new human resources manager for 2018. Bud quickly determined that Duncey’s needed a formal employee policy handbook. Included within the handbook was an arbitration agreement...more

Late Limit on Bonus Plan Has No Effect

Sherman & Howard L.L.C. on 1/9/2018

The 8th Circuit Court of Appeals recently offered a refresher course on contract formation, as applied to employee bonus plans. The employer promised substantial bonuses, payable in five years, provided the eligible at-will...more

Employing Minors in the Entertainment Industry: A Primer for Employers Doing Business in Canada

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/24/2017

Employers that hire minors must comply with a myriad of special rules designed to protect the minor employee from, among other things, dangerous work, exploitation, and abuse. Legislators and courts have gone to great...more

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

Hinshaw & Culbertson LLP on 5/11/2015

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

Utah Supreme Court Confirms Employee Handbook Disclaimer Can Protect Utah Companies from Implied Contractual Claims

Dorsey & Whitney LLP on 1/6/2015

A recent Utah Supreme Court decision drives home to companies with employees in Utah that a clear and conspicuous disclaimer in a prominent point of an employee handbook goes a long way to protecting the company from any...more

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/23/2014

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

Before You Enter an IT Contract, Plan Your Exit Strategy

Foley & Lardner LLP on 1/31/2014

It may seem counterintuitive, but one of the most important steps you should take before engaging a technology services provider is to prepare a plan for exiting the relationship. Why? A thoughtful IT exit strategy developed...more

Contract Formation › Employer Liability Issues

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