On this blog, we have previously written about employee handbooks and arbitration clauses in the employment setting. However, the Missouri Court of Appeals recently weighed in on what happens when you combine the two by inserting an arbitration clause in an employee handbook. The results were not good for the employer.
There are two schools
With 2013 at its close, let’s take a peek at two cases currently pending in the United States Supreme Court that will have implications for employers in 2014.
Sandifer v. U.S. Steel Corp.
On February 19, 2013, the United States Supreme Court granted certiorari to review a decision by the 7th Circuit Court of
On December 16, 2013, the United States Supreme Court held that an employer sponsored disability plan with a provision requiring a plan participant to file suit within three (3) years after filing a written proof of loss under the plan is enforceable under the Employee Retirement Income Security Act (ERISA). The decision by the Court
Class and collective action lawsuits, particularly in the area of wage and hour claims under the Fair Labor Standards Act (“FLSA”) and state law, continue to be on the rise and are difficult and costly for employers to defend. A newly decided case reminds us that employers should consider the use of mandatory arbitration agreements
Recent Illinois appellate court decision puts in doubt enforceability of many existing employment restrictive covenants
Many businesses use restrictive covenants, such as non-solicitation and non-competition restrictions, in employment and other agreements to protect the competitive advantage that they derive from their investment in the development of customer relationships and confidential information. However, a recent Illinois
The EEOC’s April 2012 Enforcement Guidance on employers’ use of criminal record screens has led many employers to question, or at least revisit, their background review procedures. This guidance not only urges employers to conduct “targeted” background screens (which consider the nature of each crime reported by prospective employees, the nature of the job in
This summer, the United States Supreme Court ruled in United States v. Windsor that the Defense of Marriage Act (“DOMA”), the law that defined “marriage” as a union between one man and one woman for purposes of federal law, was unconstitutional. The effect of the ruling is that married same-sex couples would become eligible for
Last week, the Department of Labor announced a final rule that will extend Fair Labor Standards Act (FLSA) minimum wage and overtime coverage to home health care workers. The rule will have far-reaching impacts – but not until January 1, 2015, when it takes effect.
Home health workers “employed by an employer or agency other
“Non-compete agreements aren’t really enforceable, are they?” This is a question I’ve been asked many times, usually by someone who already signed an agreement they didn’t fully understand. Non-compete agreements, also commonly referred to as restrictive covenants, are a confusing area of the law. Let’s clear up a few of the common misconceptions.
All non-compete
Job dislocations, mass layoffs, plant closings. News of these events has become more and more prevalent in recent years, leaving many employers grappling with how to handle complicated PR and legal issues in today’s changing job market.
One issue often overlooked by employers is whether they must “WARN” affected employees in such situations. The failure