News & Analysis as of

Employment Contract

Term contracts: What you need to know

by Dentons on

A recent decision of a Full Bench of the Fair Work Commission (FWC) has opened the door to employees on maximum term contracts bringing unfair dismissal claims by overturning the principle that the expiry of a term contract...more

Compensation Season 2018: Section 162(m) and Related Considerations Post-Tax Reform

by White & Case LLP on

On December 22, 2017, the Tax Cuts and Jobs Act (the "Act") was signed into law. The Act includes significant changes to the executive compensation deduction rules contained in §162(m) of the Internal Revenue Code (the...more

Five Important Employment Trends for Massachusetts Retailers in 2018

by Goulston & Storrs PC on

Having survived the holiday shopping season, retailers should begin to prepare for any new employment laws that will go into effect in the coming year (and, of course, should ensure that they are complying with existing...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

Consider This – Minnesota Court Of Appeals Again Requires Proof Of Additional Consideration For Non-Compete Agreements For...

by Jackson Lewis P.C. on

In October and November of this past year, we wrote about two Minnesota court decisions – Mid-America Business Systems v. Sanderson et al., Case No. 17-3876 (Dist. Minn. Oct. 6, 2017) and Safety Center, Inc. v. Stier, Case...more

Five Common Myths about Utility Patents for Start-ups

1. As a start-up, utility patents are not worth the investment. While it is true that utility patents are expensive — costing up to $25,000 and about $10,000 on average — not having patent protection can end up costing...more

New Hampshire, Pennsylvania, Vermont May Restrict Use Of Non-Compete Agreements In Employment

by Jackson Lewis P.C. on

Proposals to restrict the use of non-compete agreements in employment have been introduced in New Hampshire, Pennsylvania, and Vermont. This appears to be the continuation of a trend that started nearly a year ago. On...more

A Response to the #MeToo Movement: NJ Bill Tightens Position on Employment Agreements

Last month a bill was introduced to the New Jersey State Assembly (A-5287) by Assemblymen John McKeon (Essex and Morris) and Jon Bramnick (Morris, Somerset, and Union) that would bar provisions in employment contracts that...more

Lawmakers Take Aim: Will #MeToo Curb Nondisclosure or Arbitration Agreements?

by Littler on

In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem...more

Late Limit on Bonus Plan Has No Effect

by Sherman & Howard L.L.C. on

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

Chris Lazarini Analyzes Enforceability of Arbitration Agreement in Employee Handbook

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a court's decision finding an arbitration agreement is valid and enforceable even when located in an employee handbook containing a general disclaimer that the handbook is...more

Arbitration Provision in Employment Agreement Mandate, Well, Arbitration

by Shipman & Goodwin LLP on

Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee. But there’s been a few intervening events and it’s not exactly clear that the employment agreement still...more

E-employment contract

by DLA Piper on

Since 2007 employment contracts can be signed electronically. Moreover, it is also possible to send and archive various social documents electronically. Under the currently applicable provisions, an employment contract...more

The factual reinstatement of probationary periods

by DLA Piper on

Since 1st of January 2014, it is not possible to include probationary periods in newly concluded employment contracts (except for students and temporary agency workers)....more

RESTARTING THE CLOCK: Court Determines that Prohibition on Competition Under Injunction Commences From Date of Order as Opposed...

by Cohen & Grigsby, P.C on

Resolving a nettlesome issue in restrictive covenant litigation, the Pennsylvania Superior Court recently held that the amount of time a former employee is prohibited from competing with his former employer under an...more

NLRB Update: Trump Board Wastes No Time Overturning Obama-Era Precedent

by Bryan Cave on

With two appointments by President Trump, the National Labor Relations Board (NLRB) had a Republican majority for several months in 2017, for the first time in ten years. The “Trump Board” wasted no time overturning Obama-era...more

International HR – Offer Letters and Employment Contracts

by Fisher Phillips on

When a US company decides to hire an employee in another country the question of whether to send the applicant an offer letter inevitably arises. Sending an offer letter prior to the final contract is normal practice in the...more

Federal Court Interprets Florida And Pennsylvania Law To Endorse Protection Of Salon Services Company’s Customer Relationships And...

by Jackson Lewis P.C. on

In states that permit the enforcement of non-compete and other restrictive covenant agreements against former employees, companies must still demonstrate that the restrictions are designed to protect a legitimate business...more

Trade Secret Suit May Continue Despite Arbitration Clause in Employment Agreement

The Federal Circuit affirmed a California court’s decision that Waymo and Uber were not required to arbitrate their trade secret dispute. An employment agreement between Waymo and one of its former employees who left to join...more

What’s Past is Prologue - NLRB Restores the Common Sense Meaning of Past Practice

In Raytheon Network Centric Systems, 365 NLRB No. 161 (December 15, 2017), the National Labor Relations Board (NLRB) jumped back into the quagmire of past practice, dynamic status quo, and impasse to create firmer ground for...more

The Ending Forced Arbitration of Sexual Harassment Act May Apply To More Than Sexual Harassment

Many employers rely on pre-dispute arbitration agreements to resolve employment litigation in private arbitration rather than in court. However, two recent bipartisan bills introduced in Congress may change the employment...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

Pennsylvania Legislature Joins the Trend to Limit Restrictive Covenants

On November 27, 2017, Pennsylvania became the next state to join the national trend to limit the use of restrictive covenants when a bill was introduced in the Pennsylvania House that would ban non-competition covenants in...more

Give Me One “Good Reason”: Employee Resignations and Severance

by Zuckerman Spaeder LLP on

Tracy Chapman famously sang about needing “one reason to stay here.” But when severance is involved, employees may look for one reason to leave—one “Good Reason.”...more

Should N.C. Restrictive Covenants Prohibit Solicitation of Prospective Customers?

We routinely encounter language in North Carolina employment contracts that prohibits the employee from soliciting the company’s customers or prospective customers for a period of time following separation from employment. In...more

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