Counsel News and Events for Attorneys and Executives

Tag: EmploymentLaw

Biglaw Firm Hit by Law Student Protests Over Arbitration

News
DLA Piper partner Vanina Guerrero, who claims she was sexually assaulted and retaliated against by a fellow partner, said she is unable to bring those claims in court because of a mandatory arbitration agreement.

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Supreme Court Justice Gorsuch Calls LGBTQ Workplace Discrimination Case ‘Really Close’

Supreme Court Justice Gorsuch Calls LGBTQ Workplace Discrimination Case ‘Really Close’

News
Justice Neil M. Gorsuch also spoke of a “massive social upheaval” if the court were to rule for the LGBTQ employees.

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Goldman Sachs, Dell Settle Pay Bias Allegations for Millions

News
Goldman Sachs and Dell Technologies will pay a combination of almost $17 million to settle separate Labor Department allegations of pay bias based on gender and race, reports Bloomberg Law.

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Standing Up for Justice: Challenging the Erosion of Civil Rights, Diversity and Inclusion

Event, Oct. 10, 2019
Duane Morris and the Bar Association of San Francisco cordially invite you to the 7th Annual Citywide Diversity and Inclusion Networking Event and Panel Discussion on: Standing Up for Justice: Challenging the Erosion of Civil Rights, Diversity and Inclusion.

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Never Too Late to Arbitrate? Tips on Getting Your Agreement On

Never Too Late to Arbitrate? Tips on Getting Your Agreement On

Insight
Three recent court decisions raise a few issues to keep in mind for employers to keep in mind when drafting arbitration agreements for employees.

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Global Employment Contracts: The Modern Tower of Babel

Global Employment Contracts: The Modern Tower of Babel

Insight
Companies must ensure the legal compliance of their contractual documentation for each country in which they do business.

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Employers Beware: It’s Once Again Time to Review Your Arbitration Agreements

Employers Beware: It’s Once Again Time to Review Your Arbitration Agreements

Insight
Even if the language in your arbitration agreement does not expressly prohibit the filing of an NLRB charge (or accessing the Board or its processes), you may not be safe from a determination that your agreement is invalid.

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‘Click to Accept’ Arbitration: A Cautionary Tale

‘Click to Accept’ Arbitration: A Cautionary Tale

Insight
An employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate.

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Enforcement of Non-Competes: Increasing Difficulty Depending on State

Insight
A recent webinar discusses the enforcement of non-competes and how the difficulty of enforcement of these restrictive covenants vary by state.

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How Companies Address #MeToo Claims in Executive Employment Agreements Matter

How Companies Address #MeToo Claims in Executive Employment Agreements Matter

News
Your company can potentially avoid the public perception that the departing executive was somehow rewarded for bad behavior, writes Ashley K. Pittman of Hutchison PLLC.

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The Arbitration Section in Your Employee Handbook Is Not an Agreement to Arbitrate

Insight
An employer needs to be able to prove acceptance by each employee of an “offer” of arbitration, points out Mintz, Levin.

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Eighth Circuit Issues a Reminder: Arbitration Agreements Must be Contracts

Insight
If the arbitration agreement is entirely separate from the handbook, any disclaimers contained in the handbook are less likely to impact enforcement of that agreement, according to Littler Mendelson.

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Multistate Non-Solicitation Agreements: Does One Size Fit All?

Insight
Recent cases have held that an agreement between an employer and employee prohibiting the solicitation of customers is not enforceable unless tied to the employee’s use of trade secrets, explains Dorsey & Whitney.

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Are Your Noncompete Agreements Dying of Old Age?

Insight
Periodic review and maintenance of noncompetition and other restrictive covenants agreements is crucial, advises Akin Gump Strauss Hauer & Feld.

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Eighth Circuit Says a Delegation Clause Isn’t Valid (and Calls Wrap Contract Formation Into Doubt)

Insight
The ruling tosses all manner of “wrap” agreements into doubt, writes Henry Allen Blair.

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Supreme Court Holds State Wage and Hour Laws are Inapplicable to Offshore Drilling Platforms

Supreme Court Holds State Wage and Hour Laws are Inapplicable to Offshore Drilling Platforms

News
A Liskow & Lewis blog post discusses a recent U.S. Supreme Court ruling that could have far-reaching implications concerning wage-and-hour laws for workers on oil and gas platforms located in open water on the Outer Continental Shelf.

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Jones Day Ex-Partner Settles Suit Over ‘Fraternity’ Culture

News
Wendy Moore’s suit claimed the firm’s leadership retaliated against her after she voiced misgivings about its culture, pay transparency, and treatment of female attorneys.

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China Employment Contracts: How to Set the Employment Term

China Employment Contracts: How to Set the Employment Term

Insight
For new Chinese employees, lawyers usually recommend a three-year initial term, which usually works best when the employer wants that new employee to have a probation period, according to China Law Blog.

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Podcast: Key Contractual Provisions for Employers to Incorporate in Confidentiality Covenants

Podcast: Key Contractual Provisions for Employers to Incorporate in Confidentiality Covenants

On-Demand Podcast
An on-demand podcast episode of The Proskauer Brief discusses potential pitfalls that lurk in employment agreements and other employee compensation arrangements.

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Nationwide Mutual in-House Lawyer With Amputated Legs Gets Bias Trial

News
A jury must decide whether the insurer fired Kevin Greenwood on the basis of his disability, the U.S. District Court for the Northern District of Illinois said.

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