News & Analysis as of

Employment Contract

PA Bill Would Ban Nondisclosure Agreements for Sexual Misconduct

In response to a surge of sexual misconduct allegations throughout the country, Democratic state senators in Pennsylvania on Wednesday announced legislation that would ban agreements that hide the identity of persons accused...more

Federal Circuit Review - October 2017

by Knobbe Martens on

Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

New Jersey Bill Seeks to Codify Two-Year Statute of Limitations and to Prohibit Waivers of Employee Rights Under the NJLAD

On May 19, 2017, a bill to codify the statute of limitations for claims filed pursuant to the New Jersey Law Against Discrimination (NJLAD) and prohibit certain waiver provisions in employment contracts, advanced in the New...more

USE IT OR LOSE IT! Enforce Your Arbitration Agreement Or Waive Your Right To Arbitrate Your Trade Secret Misappropriation Claims

Earlier this month, a federal court in the Middle District of Tennessee denied an employer’s motion to compel arbitration, finding that it waived its right to arbitration by engaging in litigation....more

Non-Competition Clauses Under Taiwan Law

by K&L Gates LLP on

It is a common practice for employers to impose non-competition obligations on employees both during and after termination of employment. The long standing issue is whether these obligations violate the right to work under...more

Clear As Mud: Illinois Courts Continue To Grapple With The “Adequacy” Of Consideration For Non-Compete Agreements

by Jackson Lewis P.C. on

It is axiomatic that a contract requires consideration to be binding. Ordinarily, courts only inquire into the existence, but not the “adequacy,” of consideration. Illinois courts, however, also scrutinize the adequacy of...more

Get Serious with Written Employment Contracts in China

by K&L Gates LLP on

For foreign investors, in addition to commercial opportunities, market entrance and policy environment, a significant aspect that drives their business success in China is human resources. Local employees of foreign-invested...more

Renewal of Fixed Term Employment Contracts

by K&L Gates LLP on

It is well known that one of the reasons for the Japanese economy’s significant recovery after the Second World War is a unique life-long, full time employment system, where employees are employed by a business until they...more

Non-Compete Legislation Update: Why Choices of Law and Forum are a Big Deal

On October 31, 2017, the Joint Committee on Workforce and Development once again held a hearing to discuss the possibility of legislative changes to Massachusetts non-competition and trade secrets laws. There were several...more

"Insider" Edition—Required Referrals and the Stark Law (Part Two of Two)

Hospitals and physicians must consider many items when a hospital is putting together an employment contract with a physician. One question we have seen more and more hospitals ask is whether a hospital may insert a provision...more

7 Steps To Sever Ties With An Employed Physician

by Fisher Phillips on

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

PAGA Actions Still Cannot Be Individually Arbitrated: the U.S. Supreme Court Declines to Hear Challenge to Iskanian; Other...

by Hirschfeld Kraemer LLP on

On October 16, 2017, the U.S. Supreme Court declined to review the California Court of Appeal’s 2016 decision in Tanguilig v. Bloomingdale’s, Inc. At least for now then, the California Supreme Court’s 2012 decision in...more

Suspension of an Employee Was a Fundamental Breach of Contract

by Faegre Baker Daniels on

In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court considered whether the suspension of an employee amounted to a fundamental breach of contract on the part of her employer. A primary school...more

"Insider" Edition—Required Referrals and the Stark Law (Part One of Two)

When a hospital is putting together an employment contract with a physician, there are many items for both the hospital and the physician to consider. One question we have seen more and more hospitals ask is whether a...more

[Webinar] Best Practices for Employers When Dealing With Issues Relating to Employment Agreements with Restrictive...

by Conn Maciel Carey LLP on

Many companies frequently use non-compete and non-solicit clauses in their employment agreements. However, there are several important legal issues to consider before drafting and executing these agreements. When an employee...more

Dutch Employment Law Alert: The Dutch Coalition agreement and implications for Dutch employment law (Dutch)

by Dentons on

The government parties have finally presented their coalition agreement. The agreement sets out a number of significant changes for the labour market....more

Dutch Employment Law Alert: The Dutch Coalition agreement and implications for Dutch employment law

by Dentons on

The Dutch government parties have finally presented their coalition agreement. The agreement sets out a number of significant changes for the Dutch labour market. Dismissal law will be slightly simplified, the calculation of...more

France: Macron's Reforms to the French Labor Code

by White & Case LLP on

The long-awaited reform of French employment law is now on track. France is reforming its French Labor Code - a touchstone of French economic life for over a century — the centerpiece of a promise to revitalize the French...more

Trigger Vs. Double Trigger: What A Cowboy Needs To Know About Golden Parachutes

by Fox Rothschild LLP on

This is actually about executive compensation. Not just any executive but senior, senior executives. If you have not noticed, we live in a brave new world where many public companies are seeing large blocks of their stock...more

Consumer Data Breach: Equifax and Arbitration

by Pepper Hamilton LLP on

The latest large consumer data breach, this time involving Equifax, has also shed a sharp light on an ongoing controversy about consumers’ access to justice. In taking steps to ameliorate its PR crisis, Equifax found itself...more

Courts Will Not Sever Defective Termination Provisions

by Bennett Jones LLP on

North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

Defending Trade Secrets In The Gig Economy

by Fisher Phillips on

Waking up to news of another major data breach seems to have become a daily routine. On the front pages and cable news, we hear about hackers, rogue governments, and shadowy figures involved with these data breaches. But too...more

Does/Should Your Company Have An Effective Arbitration Agreement?

by Nossaman LLP on

Whether your company should have an arbitration agreement will depend on a multitude of factors and is something to be carefully evaluated and discussed with counsel to make an informed decision. And, if your company already...more

Forum Selection Clause Bars NJ Wage Payment Law Claim In NJ Court

by Cole Schotz on

On October 19, 2017, the Court of Appeals for the Third Circuit ruled that New Jersey based Mary Kay consultants could not bring a claim in New Jersey federal court against Mary Kay for alleged violations of the New Jersey...more

Employment Law - October 2017

Employer Bound by Oral Contract, California Appellate Court Affirms - Why it matters - Upholding an oral contract, the California Court of Appeal agreed with an employee that she should be paid a commission for certain...more

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