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Pre-Employment Agreements Employer Liability Issues

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

Kohrman Jackson & Krantz LLP

Congress Passes Bill Limiting Use of NDAs in Sexual Harassment Cases

Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment. The Act, which...more

Jackson Lewis P.C.

Washington’s Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment Agreements

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Washington’s Silenced No More Act limits all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements. The Act (codified as RCW 49.44.211) makes it illegal for employers in an...more

Miller Nash LLP

Washington Court of Appeals Voids Class Action Waivers in Some Wage and Hour Claims

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In a recently published decision, the Washington Court of Appeals declared class action waivers in certain employment agreements unenforceable. In Oakley v. Domino’s Pizza, LLC, plaintiff Oakley brought claims under the...more

Goldberg Segalla

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

Goldberg Segalla on

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

McDermott Will & Emery

BESCHLOSSENE ÄNDERUNG DES NACHWEISGESETZES

McDermott Will & Emery on

Tatsächlicher Anpassungsbedarf überschaubar Der Bundestag hat gestern das Gesetz zur Umsetzung der Richtlinie (EU) 2019/1152 des Europäischen Parlaments und des Rates vom 20. Juni 2019 über transparente und vorhersehbare...more

Husch Blackwell LLP

Colorado Cracks Down on Restrictive Covenants

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As anticipated, Governor Polis signed into law last week Colorado’s new limitations on restrictive covenants, which includes noncompetition, nonsolicitation, and confidentiality covenants. ...more

Butler Snow LLP

Texas Supreme Court to Texas Employers: Employee Sales Commission Agreement Terms Better be Clear or Commissions Could be Owed...

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The Texas Supreme Court recently established a “default rule” which, as the dissent puts it, may “threaten the expectations of Texas at-will employers and employees who have agreed to a commission structure but, for whatever...more

Buchalter

Washington State’s “Silenced No More Act” Curtails the Use of Nondisclosure and Nondisparagement Provisions in Employment...

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Effective June 9, 2022, Washington State’s Silenced No More Act (the “Act”) will prohibit nondisclosure and nondisparagement provisions regarding illegal acts of discrimination, harassment, retaliation, wage and hour...more

Butler Snow LLP

From Contractor to Conflict: Independent Contractors and On-the-Job Injuries

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With the proliferation of mobile applications providing ride-share, third-party food delivery, and even same-day handyman services has come a national conversation about the use of independent contractors to carry out core...more

Perkins Coie

New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement Agreements

Perkins Coie on

Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from...more

McGlinchey Stafford

When Will My Non-Compete Agreement End? - The Bullet Point: A Commercial Law Bulletin

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Manatt, Phelps & Phillips, LLP

California Appellate Court Affirms Motion to Compel Arbitration

In a victory for an employer, a California appellate panel affirmed an order to compel arbitration of a wage claim in a dispute against a mortgage company. As part of her onboarding process with AmeriHome Mortgage...more

Benesch

Updating State Private Attorney General Laws

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In the past few months, there have been several developments regarding California’s controversial Private Attorneys General Act (“PAGA”) and similar legislation making its way through other states. PAGA permits workers to...more

Sheppard Mullin Richter & Hampton LLP

San Francisco Enacts a Temporary Ordinance Granting Workers Laid Off Due to COVID-19 a Right to Reinstatement

On July 3, 2020, San Francisco enacted a temporary emergency ordinance requiring businesses with more than 100 employees to offer reemployment to employees laid off due to the COVID-19 pandemic. Known as the “Back to Work”...more

Fox Rothschild LLP

Another PJ Decision: SC Employer Was Subject To PJ In Employee’s NC WFH Location. Compared To Other PJ Questions, This One Seemed...

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If you have employees that work from home (WFH), you may be subject to PJ in their location. During the last few months, the NC Supreme and Business Courts have answered some tricky PJ questions: Are pre-conflict contacts...more

Hogan Lovells

How to make use of the lower unemployment insurance contribution for employment agreements for an indefinite period of time

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From 1 January 2020, the amount of the unemployment insurance contribution (hereinafter: ''WW-premium'') to be paid by an employer to the Dutch tax authorities depends on the nature of the employment agreement....more

Payne & Fears

Employers No Longer Able to Require Arbitration Agreements As Condition of Employment

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On October 10, 2019, Governor Gavin Newsom signed into law a new bill (AB 51) that will have a substantial impact on the employment litigation landscape in California. ...more

Manatt, Phelps & Phillips, LLP

Limited Prohibition on ‘No Rehire’ Clauses

California Governor Gavin Newsom has signed legislation that prohibits “no rehire” clauses in settlement agreements effective January 1, 2020. The new law will change a standard practice in California of including blanket...more

Troutman Pepper

Agreement Between the Parties Dictates Whether a Third Party Bonus Should be Included in the Calculation of Overtime Pay

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Q.  A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline.  Does the FLSA require my company to account for these third-party bonuses when...more

Littler

Board Upholds Enforcement of Pre-Hire Arbitration Agreement

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The alternative dispute resolution landscape continues to evolve for employers with unionized workforces. Anheuser-Busch, LCC, 367 NLRB 123 (May 22, 2019), is the National Labor Relations Board’s (NLRB) latest decision on the...more

Littler

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Littler on

On September 27, 2018, the Kentucky Supreme Court in Northern Kentucky Area Development District v. Snyder held that the Federal Arbitration Act (FAA) does not preempt a Kentucky statute, KRS § 336.070(2), barring employers...more

Carlton Fields

Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement

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A pizza delivery driver employed by Domino’s Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board. ...more

K&L Gates LLP

Working Wise: Employer Responsibilities in a Natural Disaster

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In this episode, Nickolas Spiliotis discusses employer responsibilities when a natural disaster hits. He covers wage and hour issues, employee protections, and tips for employers. ...more

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