Category Archives: Employment Agreements

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Reminder for Cook County and Chicago Employers: New Sick Leave Laws Become Effective July 1

On July 1, 2017, Chicago’s Paid Sick Leave Ordinance and Cook County’s Earned Sick Leave Ordinance go into effect, requiring employers to provide paid sick leave to covered employees. (A detailed description of each ordinance’s requirements may be found on our blog here and here.) In addition to providing paid sick leave, employers must provide … Continue Reading

Big Changes in the Big Apple: NYC Bans Salary History Questions and Imposes New Requirements for Independent Contractors

New York City made waves this month by imposing new requirements on independent contractor agreements and by passing a law that prohibits employers from asking about or considering an applicant’s prior salary. Although New York City is just the third jurisdiction to adopt a law prohibiting inquiries into an applicant’s salary history (Massachusetts and Philadelphia … Continue Reading

EEOC and DOL Active Last Week: EEO-1 Pay Data Rule and Federal Contractor Paid Sick Leave Rule to Take Effect

Last week, the EEOC issued its final rule regarding pay data to be collected with the annual EEO-1 reports. Covered employers will now need to submit pay data sorted by job group and demographic data in their annual EEO-1 reports. The final rule was implemented with no material changes from the proposed rule first issued earlier this … Continue Reading

Is the Tide Turning Against Class Action Waivers in Arbitration Agreements?

Another federal court of appeals has weighed in on the question of whether requiring employees to waive the right to bring a class action against their employer in arbitration or court as a condition of employment violates employees’ rights under Section 7 of the National Labor Relations Act (NLRA).… Continue Reading

7th Circuit Holds Mandatory Waiver of Class Claims Unlawful; Creates Circuit Court Split

In a decision that creates a split with the 5th Circuit Court of Appeals, the 7th Circuit on May 26, 2016 adopted the National Labor Relations Board’s D.R. Horton rationale and held that a condition of employment requiring employees to waive the right to bring class or collective actions either in arbitration or in judicial … Continue Reading

More Money, More Problems: Class Action Waivers in Mandatory Arbitration Hit Roadblocks from the NLRB

Part 2 of a 3-Part Series When considering the potential bill of sale on arbitration, employers that once considered arbitration may sing a different tune. In Part 1 of our 3-part series on mandatory arbitration, we pointed out that, contrary to legal lore, arbitration often proves just as inefficient as litigation against a principle-driven plaintiff … Continue Reading

Are Illinois Confidentiality Agreements Still Worth the Paper They’re Written On?

Illinois employers are reconsidering their confidentiality agreements after an Illinois appellate court recently rejected common agreement language. Specifically, agreements that try to protect “all information regarding a company’s business” may be more difficult to enforce, in light of a recent decision by an Illinois appellate court. In Assured Partners, Inc. v. Schmitt, No. 2015 Ill … Continue Reading

Mandatory Arbitration in Employment Cases: Ugly Duckling or Beautiful Swan?

Part 1 of a 3-Part Series Many years ago, employers and management counsel across the country cheered the birth of mandatory arbitration provisions in employment agreements. For instance, when the U.S. Supreme Court decided Perry v. Thomas, it determined that because there is a clear federal policy favoring arbitration, an arbitration clause would be upheld … Continue Reading

DOL: Most Workers are Employees, Not Independent Contractors

Two weeks after publishing proposed new rules to update the white collar exemptions of the Fair Labor Standards Act (FLSA), yesterday the United States Department of Labor (DOL) issued a 15-page Administrator’s Interpretation concluding that “most workers” are employees, as opposed to independent contractors, under the FLSA. (A copy of the guidance can be found … Continue Reading

California Decision Gives Employees Home Court Advantage

Employers in states across the country are known to shudder and cringe at the thought of contending with the vast array of employment law regulations that apply to California employers. Employers — especially those headquartered elsewhere but with employees in California — have also been known to use clauses in employment agreements with these California … Continue Reading

EEOC Loses on Procedural Grounds in Hotly Contested Case Challenging CVS Pharmacy Separation Agreement

Employers should continue to proceed with caution despite the recent pro-employer decision in EEOC v. CVS Pharmacy, Inc., a closely-watched case in which the EEOC alleged that CVS’ standard separation agreement interfered with the rights of former employees to file an EEOC charge or participate in an EEOC investigation. Although summary judgment was granted in … Continue Reading

Another Employer Confidentiality Policy Held Unlawful by the NLRB

Continuing a recent trend, the National Labor Relations Board (NLRB) has found another employer’s confidentiality/information security policy to be in violation of the National Labor Relations Act (NLRA), based on its determination that the policy could have had a chilling effect on the exercise of employees’ Section 7 rights to discuss the terms and conditions … Continue Reading
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