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Pre-Employment Agreements Corporate Counsel

Seyfarth Shaw LLP

Colorado Amends Non-Compete Law To Address Potential Abuses of Training Repayment Agreement Provisions (TRAPS)

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On May 31, 2024, the Governor of Colorado signed House Bill 24-1324, titled “Attorney General Restrictive Employment Agreements,” putting into place a law to toughen protections for employees who are subject to abusive...more

Proskauer - Law and the Workplace

Delaware Court Of Chancery Refuses To Enforce Both Choice of Law Provision And Nationwide Non-Compete

On August 31, 2023, the Delaware Court of Chancery held, with respect to a non-compete provision in an employment agreement, that: (1) the choice of law provision selecting Delaware was “not necessarily binding”; and (2) the...more

Goldberg Segalla

Employers Should Be Mindful of Using Electronic Signatures on Employment Agreements and Related Onboarding Documents

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Key Takeaways - A recent decision by the U.S. Court of Appeals for the Second Circuit suggests that employers take extra care when requiring employees to sign employment agreements electronically. Employers should have a...more

Jackson Walker

Supreme Court Addresses Federal Arbitration Act’s Residual Clause, But Circuit Split Remains Regarding Personal Jurisdiction in...

Jackson Walker on

On June 6, 2022, the Supreme Court addressed two cases involving employment law issues. The Court’s significant opinion in Southwest Airlines Co. v. Saxon regarding the scope of the residual clause contained in Section 1 of...more

Allen Matkins

Court Of Appeal Affirms Enforceability Of Post-Termination Solicitation Ban In Employment Agreement

Allen Matkins on

California is famously hostile to covenants not to compete.   In fact, Section 16600 of the California Business & Professions Code provides "Except as provided in this chapter, every contract by which anyone is restrained...more

Baker Donelson

Are Your Mandatory Arbitration Agreements Still Enforceable?

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On March 18, 2021, the National Labor Relations Board (NLRB) reconsidered the lawfulness of terms in employment arbitration agreements that require employees to sign as a pre-dispute condition of employment. Ultimately the...more

Littler

Mexico: Preliminary Analysis of the Project to Reform the Federal Labor Law

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In a work session held on April 3, 2019, the Labor & Social Welfare Commission of Mexico’s House of Representatives issued the last draft of the decree to reform the Federal Labor Law (the “Law”). ...more

Butler Snow LLP

A Tale of Two Cases: LinkedIn Postings as Solicitations

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Recently, two different courts reached two different results in determining whether employees’ LinkedIn postings amounted to a solicitation in contravention of a nonsolicitation agreement. In Bankers Life & Cas. Co. v. Am....more

Hogan Lovells

Mongolia Amends its Labour Law

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The Parliament of Mongolia adopted the Amendment Law ("Amendment") to the Law of Mongolia on Labour ("Labour Law") on 21 April 2015.  The amended law has now been published in the State Gazette, bringing it into force....more

Butler Snow LLP

Sixth Circuit Upholds Dismissal of Fraud and Contract Claims Against Employer Sponsoring Green Card Application for Employee

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In an interesting case situated at the intersection of immigration and contract law, the Sixth Circuit recently affirmed a district court’s dismissal of claims against Dow Corning Corporation stemming from its sponsoring an...more

McNees Wallace & Nurick LLC

The Other Shoe Drops (sort of): The Third Circuit Issues a Ruling on Class Arbitrability

In 2010, two employees filed a claim against their former employer, Robert Half International, Inc., alleging that it violated the Fair Labor Standards Act (“FLSA”). In addition to individual claims, the plaintiffs brought a...more

FordHarrison

Non-Compete News - New York Will Not Stop Fired Employees from Competing

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A company that terminates an employee — even if it offers the employee the chance to apply for a position with the company’s successor — cannot enforce restrictive covenants over that employee, a New York appeals court...more

Troutman Pepper

December 2016 Independent Contractor Misclassification and Compliance News Update

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In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Carlton Fields

Ninth Circuit Denies Rehearing En Banc, Requires Ex-Uber Drivers to Arbitrate Claims Individually

Carlton Fields on

The Ninth Circuit denied rehearing en banc of its September order holding that the district court erred in deciding whether two drivers who sued Uber Technologies, Inc. (“Uber”) on behalf of themselves and a putative class...more

Seyfarth Shaw LLP

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

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Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

Littler

California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable

Littler on

On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate. Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016). ...more

Sherman & Howard L.L.C.

Ninth Circuit Strikes Class Arb Waivers

The Ninth Circuit Court of Appeals weighed in, today, on the propriety of class action arbitration waivers under the NLRA. The Court held that such waivers violate Sections 7 and 8 of the NLRA in the context of a pending...more

Seyfarth Shaw LLP

Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability

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Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more

Ballard Spahr LLP

Circuit Courts Weigh Employee Arbitration Waiver Agreements with Divergent Results

Ballard Spahr LLP on

Conflicting decisions issued within one week of each other from the U.S. Courts of Appeals for the Seventh and Eighth Circuits exemplify the ongoing debate in circuit courts across the country about the enforceability of...more

Carlton Fields

Eighth Circuit: Delay In Asserting Right To Arbitrate And Using Litigation Machinery Results In Waiver

Carlton Fields on

The plaintiff, a terminated employee, had signed a two year employment agreement and a separate arbitration agreement with a home décor company. The plaintiff was terminated after six months and sued the defendant in...more

Ballard Spahr LLP

Pennsylvania Supreme Court Delivers Clear Message to Employers Regarding Restrictive Covenants in Employment Agreements

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In a case of first impression, the Pennsylvania Supreme Court recently held that an employee may challenge an employment agreement containing a restrictive covenant for lack of consideration, even though the agreement...more

Mintz - Employment, Labor & Benefits...

Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA

The battle between the NLRB and the Fifth Circuit rages on, as the Fifth Circuit again ruled that employers do not violate the National Labor Relations Act when they require employees to sign arbitration agreements containing...more

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