Tag: EmploymentLaw
Wal-Mart Wage Hike to $15 an Hour Would Cost It $4.95 Billion, Study Says
News
Labor groups have been demanding a $15 minimum wage for the company’s workers, and the “Fight for Fifteen” movement has been a topic of discussion during the U.S. presidential campaign, reports Reuters.
Rogue Trader Who Cost His Bank $7B Wins $500K for Wrongful Dismissal
News
Société Générale promises an appeal of the ruling that favored former rogue trader Jérôme Kerviel.
Alcohol-Related Workplace Injuries Recordable, OSHA Says
Article
Employers are not exempt from the Occupational Safety and Health Administration’s reporting rule for on-the-job injuries linked to alcohol intoxication even though the injured employee’s consumption of alcoholic beverages took place off the job, reports Bradford T. Hammock of Jackson Lewis.
Discrimination Lawsuit Against Mintz Levin Can Move Forward, Judges Rule
News
A discrimination lawsuit brought against high-powered Boston law firm Mintz Levin by one of its former attorneys can move forward after a decision by the state’s highest court, reports The Boston Globe.
Effective Conciliation and Demystifying Intervention in EEOC Cases
Event, June 9, 1 p.m. EDT
Practical Law will present a webinar that will address obligations on the part of employers, charging parties and the EEOC in conciliating and litigating EEOC cases.
The DOL’s Final FLSA Overtime Exemption Rule: What Employers Must Do Now
Event, June 1, 1 p.m. EDT
Practical Law and the Wage & Hour Defense Institute (WHDI) will present a free, 75-minute webinar providing guidance on the U.S. Department of Labor’s final rule, updating the regulations governing white collar exemptions under the federal Fair Labor Standards Act (FLSA).
Dealing With New FLSA Rule Raising Minimum Salary Overtime Exemption
Article
Before the Department of Labor’s final rule goes into effect, employers should assess which employees will be affected, and how the employer will want to respond, advises Ropes & Gray LLP.
America’s Top CEOs Pocket 340 Times More Than Average Workers
News
The top 500 chief executive officers in American companies earned 340 times the average worker’s wage last year, taking home $12.4m on average, according to an analysis by the AFL-CIO, reports The Guardian.
$100M Uber Settlement Attacked By Drivers Saying Lawyer Sold Out
News
The lawyer who struck a $100 million deal with Uber Technologies Inc. is being accused of greed by some of the drivers covered by the accord who want her bumped, reports Bloomberg News.
9th Circuit Extends Non-Compete Term Beyond Contractual Period
Article
Employee disregards a non-compete and joins a competitor; former company calls foul and initiates a lawsuit; parties fight it out, but by the time litigation has run its course, the non-compete period in the underlying contract has expired. The dispute is moot, right?
Choice-of-Law Provision in Employment and Non-Compete Agreement Disregarded
Article
A Dallas appellate court considered whether California law governed contract and tort claims against California-based former employees who signed employment agreements containing a choice-of-law clause stating that Texas substantive law would apply, according to a report by Neil R. Burger of Carrington Coleman Sloman.
Supreme Court Rejects Challenge to Seattle Minimum Wage Law
News
The U.S. Supreme Court has rejected a challenge by business groups to Seattle’s law raising its minimum wage to $15 an hour, a move echoed by other locales, in a case focusing on how the ordinance affected local franchises like McDonald’s, reports Reuters.
Agreement to Arbitrate May Not Require a Written Contract
Article
From two different courts in two different states on two very different claims come the same concept: an agreement to arbitrate may be binding even without a signed contract, according to a report by Stan Martin on the Commonsense Construction Law website.
Employer’s Failure to Sign Agreement Torpedoes Its Motion to Compel Arbitration
Article
A fundamental principle of contract law is that a written contract is an agreement in writing that serves as proof of the parties’ obligations, writes Virginia Whitehill Guldi of Zuckerman Spaeder LLP. What happens, however, when the parties forget some of the niceties of formalizing a written contract?
Court Won’t Enjoin Physician Who Breached Non-Compete and Consented to Injunction
Article
When his former employer asked a Providence, Rhode Island Superior Court judge to enter an injunction, the judge refused to prevent patients from being treated by a doctor of their own choosing, reports Paul E. Freehling of Seyfarth Shaw on the firm’s Trading Secrets blog.
U.S. Treasury Issues Report on the Economic Effects of Non-Compete Contracts
Article
The Treasury Department is concerned that the prevalence of non-compete agreements raises important questions about worker welfare, job mobility, business dynamics, and economic growth.
Employee Separation Agreements – A Refresher, Part Three
Article
Even if the employee is under 40 (and therefore isn’t protected by ADEA), it’s still wise to write the agreement in clear, understandable language and to have the employee confirm that he or she is entering into it knowingly and voluntarily, writes Jonathan Orleans of Pullman & Comley, LLC.
Without a Disclaimer, Employee Handbook May Create a Contract
Article
Employment manuals may constitute binding contracts between employees and employers provided all necessary elements of an implied contract are present.
Arbitration Provisions, Unconscionability, and Employment Contracts
Article
In a recent California contract case, a court found the agreement in question was found to be unconscionable in places, but that didn’t doom the arbitration provision contained within it, writes Stacey Lantagne in ContractsProf Blog.
McDonald’s Under Fire for Labor Violations in Landmark Joint Employer Case
News
A decision from the NLRB that McDonald’s is a joint employer would open the door for a union formed by workers at franchised stores to bring the parent company to the bargaining table and set a precedent for other fast-food franchises.
