As I noted earlier this week, the U.S. Supreme Court has approved of the use of class action waivers in arbitration agreements with employees.

My colleague, Gabe Jiran, has a recap of Epic Systems v. Lewis on my firm’s blog, Employment Law Letter, that you can access here.

So, it’s a foregone conclusion that employers

In an important 5-4 decision, the U.S. Supreme Court this morning held, for the first time, that class or collective action waivers, particularly in wage/hour cases, and contained in arbitration agreements between employers and employees are valid and enforceable.

Because wage and hour class and collective actions are quite costly for employers to defend

Earlier this week, it seemed that a bill requiring employers to conduct additional training on sexual harassment matters was a no-brainer to pass the General Assembly.

After all, Senate Bill 132 passed 31-5 in the state Senate and in this #metoo environment (not to mention local elections in the fall), the House looked to

  • Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee.
  • But there’s been a few intervening events and it’s not exactly clear that the employment agreement still applies.
  • Indeed, there’s another contract (let’s call it an supplier agreement) that seems to provide an independent basis for ending the

In years past, I’ve looked at my crystal ball, I’ve read the tea leaves and I’ve even examined my Magic 8-Ball sitting in my office.  (You never know when you need one.)

I’m out of prediction-making tools.

And indeed, since I started doing this, there are now national lawfirms that are offering up

The Dialogue – an occasional discussion between myself and a prominent employee-side attorney, Nina Pirrotti returns today after a late summer hiatus. Today’s chat focuses on employee separations and severance agreements.  Share your own tips or observations in the comments below. As always, my thanks to Nina for sharing her insights here.

Dan: Hi Nina!

So, a couple of months back, I talked about how separation agreements for small employers might not be covered by the federal law that covers such agreements.

After all, since the Age Discrimination in Employment Act only applied to employers that have 20 or more employees, the requirements for a “knowing and voluntary waiver”

starrMy colleague Gary Starr returns today with a story worth reading about the need for employers to secure confidential information.  Although it is based on Massachusetts, the concepts it covers may have some carryover to employers elsewhere as well.  

Employers that maintain records of their employees and customers and allow employees have access to

doctorContinuing my review of new employment-related bills is a measure that limits the use of non-compete agreements for doctors.

Anyone who tracks bills knows that the name on the bill sometimes doesn’t match the content. Senate Bill 351 entitled “AN ACT CONCERNING MATTERS AFFECTING PHYSICIANS AND HOSPITALS” is a good case in point.

Seems innocuous