News & Analysis as of

Pre-Employment Agreements Hiring & Firing

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

Cranfill Sumner LLP

Common but Tricky Employee-Focused Issues in Written Employment Agreements

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Not every employee is asked to sign a written employment agreement. Most, in fact, are not. But for the (relative) few who will sign a written agreement of employment, here is a look at three tricky and often overlooked...more

Porter Hedges LLP

Human Resources Compliance Audits (Part 2)

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An internal audit of a company’s human resources practices can be used to mitigate potential liabilities by preemptively identifying areas of exposure and proactively implementing corrective measures. As discussed in the...more

Dunlap Bennett & Ludwig PLLC

Do I Need An Employment Agreement Lawyer?

Employment agreements are contracts that lay out the terms and conditions of an employment relationship. Establishing a clear, written, and legally binding employment agreement with the support of an employment agreement...more

Sheppard Mullin Richter & Hampton LLP

Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to...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

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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

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

Burr & Forman

Seventh Circuit Reverses Summary Judgment on Fair Debt Collection Practices Claim Reasoning Lack of Standing

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On August 31, 2021, the Seventh Circuit Court of Appeals reversed a summary judgment decision from the United States District Court for the Northern District of Illinois, and remanded the action with instructions to dismiss...more

Sherman & Howard L.L.C.

Enforcing Non-Compete Agreements Can Create Employer Obligations

In Mancuso v. L’Oreal, the court reminded employers who use non-compete agreements that those agreements, and the employer’s communications with the departing employee, may create enforceable employer obligations,...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg

NGE Labor & Employment partner Sonya Rosenberg discusses three key factors foreign-based employers should know about U.S Employment law: at-will employment, infrastructure, and restrictive covenants. If you have any...more

McAfee & Taft

When is hiring a competitor’s employee ‘racketeering’?

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When hiring new employees – especially those who are currently employed or who recently have been employed by a competing company or organization – it’s always a best practice to ask them if they are subject to an employment...more

DirectEmployers Association

[Webinar] The DE Difference: Going Beyond “Posting Jobs” & Checking the Compliance Box - April 21st, 2:00 pm - 2:30 pm EDT

As HR professionals, how many times have you heard that to be in compliance, all you need to do is “post” your jobs? Post here, post there, post everywhere–and you’re golden! While in theory that sounds like it would work,...more

Cozen O'Connor

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry

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The New York City Council has proposed additional legislation that would have a major impact on businesses falling within the broad definition of “fast food establishments” and has scheduled a hearing on the bills for...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...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

Butler Snow LLP

Take This Job And Shove It – Alabama Supreme Court Elaborates On “Voluntarily” Leaving Employment

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If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more

Seyfarth Shaw LLP

New Hampshire Governor Bans Non-Compete Agreements for Low-Wage Employees

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On July 11, 2019, Governor Sununu signed S.B. 197 into law. S.B. 197 prohibits an employer from requiring an employee who makes 200% of the federal minimum wage ($14.50) to sign a non-compete agreement restricting the...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

Carlton Fields

Ninth Circuit Finds No Foreign Arbitration Award to Uphold

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Foreign arbitration awards must generally be upheld in the United States under treaty obligations. Upholding a foreign award requires that there actually be an arbitration award, however. For that matter, it requires an...more

Seyfarth Shaw LLP

Change To Construction Industry Bargaining Relationship Put On Hold

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Seyfarth Synopsis: The NLRB suspends its request for briefing regarding potential changes to the construction industry bargaining relationship in light of Charging Party Union’s withdrawal of the underlying charge....more

Carlton Fields

Policy And Practice Changes Impact The O-1 Visa

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During the Trump administration’s 22 months in office, no new laws or regulations have been passed governing the O-1 nonimmigrant visa for foreign nationals with extraordinary ability in the arts, sciences, education,...more

Polsinelli

Five Issues When An Employer Is Considering An Employment Agreement

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When operating its business, an employer should consider whether and when to implement employment agreements with certain employees. When considering whether an employee should execute an employment agreement, employers...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

Proskauer - Law and the Workplace

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more

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