Tag: employment contracts

September 20, 2023

The EU Platform Workers Directive would reclassify drivers and couriers working for Uber and similar companies as employees, giving them full working rights. Currently, the majority of platform workers in the EU are classified as self-employed, even though they have […]

December 16, 2022

The rules were changed in 2017 for public sector employers and 2021 for private sector businesses, and meant that responsibility for determining a contractor’s employment status shifted to the organisation rather than the individual. The Treasury announced in its mini-budget […]

October 3, 2022

We’re hearing from business clients what we’re all seeing in the headlines: Employees are hard to hire and retain these days. “The Great Resignation” is a new phrase used to describe the unprecedented level of employee movement in the past […]

September 22, 2022

On July 14, 2022, the Wisconsin Court of Appeals ruled in favor of a former employee in a dispute over whether two uniquely worded restrictive covenants against him violated Wisconsin law. The case presents new considerations regarding what employers can […]

August 22, 2022

The Federal Arbitration Act (FAA) favors the enforcement of arbitration agreements, but employers can’t wait too long to compel arbitration. Courts often apply a contract “waiver” rule if employers sit on their rights too long (meaning the court finds a […]

June 7, 2022

The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently issued a published decision on an employer’s second appeal of a judgment in favor of its former employee on claims of […]

April 25, 2022

According to reports, the National Union of Rail, Maritime and Transport Workers (RMT) was approached by seafarers on the Spirit of Britain ferry who claimed they had been asked to sign new contracts with reduced pay. In March P&O Ferries […]

January 6, 2022

Asoftware developer breached a nondisclosure agreement (NDA) with his former employer by using confidential information to develop a product he sold to a third party. However, the employer did not show that it was harmed by the employee’s misuse of […]

December 14, 2021

A Black female attorney could not be forced to arbitrate her workplace bias claims under an arbitration provision in the employer’s long-term cash bonus plan, a California appeals court ruled. The attorney’s claims did not fall within the scope of […]

March 25, 2021

An employee who had signed an arbitration agreement and was later fired was not required to arbitrate his claims that his employer told prospective employers not to hire him, a California appeals court held. The claims arose after the worker’s […]

November 21, 2018

It is well-established that restrictive covenants, such as noncompetes, are prohibited by statute in California. Since the decision by the California Supreme Court that partial restraints like customer nonsolicitation clauses were void under Business and Professions Code Section 16600, the […]

September 28, 2018

An employer that participated in a former employee’s wrongful termination lawsuit in court for almost two years before seeking arbitration of the claims waived its right to compel arbitration, a California appellate court ruled. Although the employee had signed an […]

October 26, 2016

The White House announced on Oct. 25 certain steps that will be taken to address wage collusion and the overuse of noncompetition agreements in the workplace. The action plans are in response to an executive order President Barack Obama issued […]