News & Analysis as of June 5, 2025

Employment Contract

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on 2/20/2025

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

Troutman Pepper Locke on 10/4/2023

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

California Assists New York Employees in No-Poach Case

CDF Labor Law LLP on 8/15/2023

A private class-action complaint claimed that the department store, Saks, and several luxury brands (including Louis Vuitton, Loro Piana, Prada, Brunello and Fendi) violated Federal Antitrust laws when they agreed that each...more

[Webinar] Top Seven Non-COVID Related Employment Law Issues for California Employers - March 30th, 10:00 am - 10:45 am PT

CDF Labor Law LLP on 3/8/2022

Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related...more

“No More Arbitration for You!” – Part 2

Lewitt Hackman on 10/21/2019

In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more

US DOJ Adds Complexity to Enforcement of “No-Poach” Agreements under Antitrust Law

McDermott Will & Emery on 3/14/2019

On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be...more

D.C. District Court: Arbitration Agreements Require a Distinct Intention to be Bound

Hogan Lovells on 3/12/2019

Employers seeking to require binding arbitration for employee claims need to take notice of a recent decision. ...more

Web Exclusive: August 2018: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 9/17/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Court Rejects Individual Pattern And Practice Claim And Enforces Arbitration Agreement In Discrimination Case

Seyfarth Shaw LLP on 7/26/2018

Seyfarth Synopsis: In the midst of a legal landscape that is seemingly pro-arbitration, employers should recognize that employees still have a few strategies to oppose arbitration or invalidate an arbitration agreement. ...more

SuperVision - Labor & Employment Law Insights - Issue 2, June 2018

Spilman Thomas & Battle, PLLC on 6/13/2018

...In this issue, Mitch Rhein examines the Supreme Court decision permitting class action waivers, Spencer Cook looks at a recent decision that warns employers to be careful about asking for past pay rates, Chelsea Thompson...more

Avoiding Common Errors in Employment Documents: A Checklist

Herbert Smith Freehills Kramer on 9/25/2017

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

Another One Bites The Dust: 6th Circuit Latest To Strike Down Mandatory Class Waivers - Supreme Court To Have Final Say In...

Fisher Phillips on 6/1/2017

Employers returning from the Memorial Day weekend were on the receiving end of bad news as they learned that the 6th Circuit Court of Appeals became the third federal appeals court to strike down mandatory class action...more

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

Bass, Berry & Sims PLC on 1/31/2017

In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

Class and Collective Action Waivers Lawful under NLRA, Eighth Circuit Finds, Contrary to Seventh Circuit

Jackson Lewis P.C. on 6/10/2016

The National Labor Relations Board erred in determining that a company violated the National Labor Relations Act by maintaining and enforcing a mandatory arbitration agreement which prohibited employees from bringing or...more

California Appellate Court Denies Mandamus Petition: Arbitrator Will Decide Whether Arbitration Agreement Permits Class Action...

Carlton Fields on 10/21/2015

An appellate court in California denied Universal Protection Service, LP (“Universal”) and their affiliate’s mandamus petition, seeking to overturn a lower court ruling compelling arbitration. The court found that whether an...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Federal Arbitration Case Update | Compelling and Appealing

JAMS on 6/30/2015

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

California Supreme Court Upholds Use of Class Action Waivers in Employment Arbitration Agreements, But PAGA Claims May Not Be...

Cooley LLP on 7/30/2014

In a prior Alert dated June 11, 2012, we reported on a California appellate court decision in Iskanian v. CLS Transportation Los Angeles, LLC ("Iskanian"), which upheld the use of class and representative action waivers in...more

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