With all the publicity about paid sick leave (effective January 1, 2012 — you’re ready, right?), it’s important not to forget that there are plenty of other employment laws that employers have to consider. Over the last few years, there’s been more agency enforcement centered around employee misclassification — that is treating “real” employees as… Continue Reading
Tag Archives: agreement
Court: Class-wide Arbitration May Be Allowed, Even if Agreement Is Silent
Posted in Class Actions, Human Resources (HR) ComplianceEarlier this month, the Second Circuit (Jock v. Sterling Jewelers, Inc.) affirmed an arbitrator’s decision, concluding that the arbitrator’s analysis should be upheld even if the District Court disagreed with the legal analysis. Such a decision is entitled to “substantial deference”. The case rests on the principle that arbitrations are not going to be going… Continue Reading
What Employers Can Learn From Linda McMahon’s Booking Contract with WWE
Posted in Human Resources (HR) ComplianceWith the campaign for U.S. Senate winding up in Connecticut soon, there’s been lots of chatter about Linda McMahon’s role with the WWE. I’ll leave it for others to analyze political issues arising from her relationship with the WWE, if any, but her relationship with the company provides an interesting backdrop to talk about independent… Continue Reading
Superintendent, School Board Agree to Settlement After Alleged Facebook Posts
Posted in Human Resources (HR) Compliance, Social MediaIn a followup to a post of earlier this week, Windsor Locks and its Superintendent of Schools reached an agreement late yesterday in which the Superintendent agreed to resign in exchange for a six month severance payment (to be shorted if he finds work before the expiration of that severance period.) The agreement comes after… Continue Reading
Court Holds that Anti-Solicitation Provision of Former Employee Not Violated “Indirectly” By New Employer
Posted in LitigationMy colleague, Jonathan Orleans, chips in this week with a guest post on a recent Connecticut case about some of the restrictions that employers try to place on departing employees: Post-employment covenants not to compete and not to solicit frequently include language that prohibits the former employee from “directly or indirectly” engaging in certain… Continue Reading
Attorney for Former DOT Commissioner: Looking Into Possibilities
Posted in Discrimination & HarassmentYesterday, I commented on the ongoing drama between the state and the former DOT commissioner, who’s departure late last month sparked questions from reporters about the circumstances of his resignation. This morning, I spoke to Richard Hayber, the attorney for the outgoing DOT commissioner about the matter. He provided me with a copy of a press release… Continue Reading
Breaking: U.S. Supreme Court Affirms Arbitration Provisions in Employment Disputes; What It Means for Employers
Posted in LitigationIn a 5-4 decision released this morning in Rent-A-Center, West, Inc. v. Jackson (download here), the U.S. Supreme Court rejected a challenge to an arbitration agreement that purported to address all matters arising out of an employment dispute. This decision isn’t the easiest to digest. First, understand that arbitration provisions governed by federal law have… Continue Reading
Free Webinar on Restrictive Covenants and What Employers Need to Know Now
Posted in Human Resources (HR) ComplianceHave you taken steps to prevent your business from walking out the door? That issue — and the overall use of restrictive covenants will be the subject of today’s free webinar at noon. You can sign up here. Our monthly webinar series (after taking the holiday period off) runs on the second Wednesday of each month. … Continue Reading
Appellate Court Enforces Non-Solicitation Agreement Even When Clause Misses Operative Language
Posted in Human Resources (HR) Compliance, LitigationSuppose you’ve drafted a fairly lengthy agreement entitled "Employment, Non-Solicitation, and Confidentiality Agreement" for an employee to sign. And suppose that among the provisions is a paragraph entitled "Agreement Not to Solicit". And now suppose that the language details various items that the employee is prohibited from doing. What’s the issue, you may ask? Well,… Continue Reading
Sounding the Alarm Bells: Three Reasons Why Most Employers Should Get Their Act Together on the COBRA Subsidy Provisions
Posted in Human Resources (HR) Compliance, Laws and RegulationsAlthough I’ve been sounding the alarm bells for the last two months or so, on the new COBRA subsidy provisions, I’ve had informal discussions with various colleagues that suggest that some employers are either ignorant of the new rules or do not believe that the rules apply to them. Here are three areas why most employers… Continue Reading
UAW/Foxwoods: As Media Reports Pick Up, Parties’ Silence Begins
Posted in LitigationLast Friday, I reported on a late-breaking agreement to discuss labor matters between the UAW and Foxwoods. Since that time, media reports have been wide with editorials discussing the matter as well. The Day has been leading the way with a few reports/editorials: In an editorial, The Day indicates that this discussion is a "critical… Continue Reading
BREAKING NEWS: UAW/Foxwoods Agree To Discussions…And May Apply Tribal Law
Posted in Class Actions, Human Resources (HR) Compliance, Labor Law & NRLBWhile most people are focusing on Connecticut’s ruling legalizing same-sex marriages, word leaked out late today that the UAW and Foxwoods agreed to enter into discussions for a possible labor agreement. (For background on the UAW/Foxwoods dispute, see prior blog coverage here.) The joint press release — issued at 4:30 EST — is brief but dramatic… Continue Reading
Connecticut Supreme Court: Retroactive Agreement Between Employer and Employee to Defer Accrued Wages Violates Public Policy
Posted in Laws and Regulations, Litigation, Wage & HourThe Connecticut Supreme Court today ruled (in a decision that will be "officially released" on June 24, 2008) that an agreement between an employer and his employees to defer an employee’s past wages until the employer receives revenue sufficient to pay those wages, is contrary to public policy , therefore, an invalid defense in a… Continue Reading
Guest Blogger: Reading the “Footnotes” of Change in Control (CIC) Agreements
Posted in Human Resources (HR) ComplianceIn legal writing, footnotes are seen either as a necessary evil, or just evil. After all, the "devil is in the details". (Insert, additional cliches here.) SEC filings are notorious for their use in an attempt to "inform" the public. Luckily for all of us, there is one blog that is dedicated to reading the… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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