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Employment Law Updates
& Best Practices for Employers

Category Archives: Employment Agreements

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In a Win for Employers, Ninth Circuit Upholds Arbitration Clause in UBER Misclassification Lawsuit

Posted in Employment Agreements, General Labor and Employment News and Updates, Labor Relations, New Jersey Law, Wage & Hour
On September 25, 2018, the Ninth Circuit Court of Appeals ended an aggressive five-year legal battle between Uber and its drivers regarding whether or not drivers should be considered employees versus independent contractors.  In O’Connor v. Uber, the court avoided the central issue of the proper classification of drivers by ruling that drivers suing for… Continue Reading

Non-Compete Agreements and H-1B Visa Workers

Posted in Employment Agreements, H-1B, Hiring, Immigration, Noncompetition Agreements, Restrictive Covenants
  Some employers require employees to enter into non-competition agreements at the time of hire, preventing them from competing with their employer during employment and during a certain time period after their employment ends. Non-compete agreements are often presented to employees with access to intellectual property, trade secrets, customer lists, business plans and strategies, and… Continue Reading

New Jersey Supreme Court Questions Enforceability of Contractual Time Limits on Employees’ Rights to Sue

Posted in Employment Agreements, New Jersey Law
On December 1, 2015, the New Jersey Supreme Court held argument in Sergio Rodriguez v. Raymours Furniture Co. Inc.   The primary issue in this appeal is whether a contractual provision contained in an employment application that shortened New Jersey’s 2 year statute of limitations for discrimination claims to  six months is enforceable. The trial court… Continue Reading

Beware! “Standard Terms” in Your Company’s Separation Agreement Might Trigger a Lawsuit: EEOC Says Common Provisions Are Unenforceable

Posted in Employment Agreements
Recently, the EEOC filed two separate actions in federal court challenging form separation agreements given to employees as part of reductions in force. The agency takes issue with provisions that impact an individual’s rights to participate in the EEOC process, including filing a Charge of Discrimination and participating in an agency investigation. While both cases… Continue Reading

Pennsylvania Employers Consider This: Continued Employment Alone Is Not Sufficient Consideration for a Noncompetition Agreement

Posted in Employment Agreements, Noncompetition Agreements
Pennsylvania remains one of the few states that still require “new” consideration in order for an employer to bind an existing employee to a noncompetition agreement. Not only does the consideration have to be new, it must also be “legally sufficient.” So, what rises to the level of “legally sufficient” under Pennsylvania law?… Continue Reading

Risqué Business: Controlling Employee Conduct Through Morality Clauses

Posted in Employment Agreements
Risk avoidance provisions in employment contracts are a growing trend in the workplace, especially in executive employment agreements in the sports and entertainment world. Often referred to as a “morality clause,” this type of contractual provision affords employers the opportunity proactively to set moral standards, ethical expectations, and consequences for conduct that the employer determines… Continue Reading