Searching Content indexed under Contract of Employment by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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More Good News From The Board: NLRB Scraps The Clear And Unmistakable Waiver Standard For The Contract Coverage Test When Deciding Unilateral Change Cases
A flurry of critical cases have issued out of the NLRB over the past two weeks. The latest is the Board's decision in MV Transportation, 368 NLRB ...
United States
16 Sep 2019
Are No-Poach Agreements Becoming Extinct?
Agreements between companies who compete for employees have always been subject to antitrust scrutiny. But recently, "no-poach" agreements
United States
23 Aug 2019
The NLRB Just Made It A Little Easier For Employees To Get Rid Of Their Union
Unionized workers wishing to rid themselves of continued union representation (and their employers) just got some very good news from the National Labor Relations Board (NLRB or Board) with the issuance
United States
24 Jul 2019
It's OK To Be Different- NLRB Rules That Union Represented Employees Are Not Entitled To Midterm Bargaining Over Same Paid Holiday Granted To Non-Represented Employees
Does an employer automatically engage in unlawful discrimination when it grants an improved benefit to its non-union employees but withholds the improvement from its union employees
United States
21 Jun 2019
CMS Issues Long-Awaited Draft Guidance For Hospital Co-Location With Other Hospitals Or Healthcare Facilities
On May 3, 2019, the Centers for Medicare and Medicaid Services ("CMS") released long-awaited draft guidance (the "Guidance") ...
United States
27 May 2019
Do NOT Give NDAs The Short Shrift
Several states have passed new laws restricting use of nondisclosure agreements (NDAs), making it timely for companies to review their policies and practices.
United States
15 Apr 2019
Deputy Lawyer; WGA Tries Preemption Route In ATA Dispute
The ongoing dispute between the Writers' Guild of America and the Association of Talent Agencies took a new turn recently when the WGA announced that it would use the authority granted to it under the NLRA ...
United States
15 Apr 2019
New Federal Legislation Seeks To Eliminate Mandatory Arbitration Agreements
While arbitration as a form of alternative dispute resolution has long had a presence in American jurisprudence, a recent Supreme Court decision —coupled with significant cultural trends —have left many employers ...
United States
3 Apr 2019
Ninth Circuit And California Court Of Appeals Rule On Freedom Of Religion Rights
Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application
United States
26 Feb 2019
SCOTUS Holds Independent Contractor Truck Drivers Exempt From Arbitration Under FAA
On January 15, 2019, the Supreme Court issued its decision in New Prime Inc. v. Oliveira, where it decided independent contractor truck drivers cannot be forced into arbitration.
United States
22 Jan 2019
California Legislature Amends Section 1542: Are Employer Settlement Agreements Now More Vulnerable To Attack?\
On January 1, 2019, California's Senate Bill No. 1431 went into effect, making a slight, but potentially significant amendment to Civil Code Section 1542.
United States
21 Jan 2019
U.S. Supreme Court Rejects "Wholly Groundless" Exception To Delegation Clauses In Arbitration Agreements
On January 8, 2019, the United States Supreme Court issued a unanimous opinion in Henry Schein, Inc. v. Archer & White Sales, Inc. strengthening the enforceability of arbitration "delegation clauses."
United States
16 Jan 2019
Hiring Personnel In New York: Dos And Don'ts – Part 2
In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (see Part 1 regarding advertising and interviewing for a job).
United States
11 Nov 2018
New Wave Of Employment Bills Signed Into Law
On Sunday, September 30, 2018, Governor Jerry Brown signed into law a number of bills that will have a significant impact on litigation and legal counseling in the employment context.
United States
7 Oct 2018
New Massachusetts Law Limits Non-Competes
On August 10, 2018, Massachusetts Governor Baker signed into law a bill regulating non-competes, limiting their enforceability and codifying express requirements they must meet.
United States
20 Aug 2018
New York City Temporary Schedule Change Law Now In Effect
As of July 18, 2018, New York City law requires employers to grant employees up to two temporary schedule changes per calendar year for qualifying "personal events."
United States
2 Aug 2018
Healthcare Industry Companies Must Be Wary Of Classifying Any Workers As Independent Contractors, In Light Of The California Supreme Court's Dynamex Ruling
As you may have seen in our recent article on the Labor and Employment Law Blog, the California Supreme Court recently issued a landmark decision in the case of Dynamex Operations West, Inc.
United States
22 May 2018
Utah And Idaho Limit Non-Competes And Vermont And Pennsylvania Work To Ban Them
Several states have recently enacted modifications to their respective non-compete laws or have legislation in the pipeline.
United States
15 May 2018
The Dynamex Decision: The California Supreme Court Restricts Use Of Independent Contractors
On Monday, April 30, 2018, the California Supreme Court issued a landmark decision in the matter of Dynamex Operations West, Inc. v. Superior Court of Los Angeles.
United States
3 May 2018
Chicago Considering Predictive Scheduling: What Employers Need To Know
That is, employees have the right to decline a shift that is scheduled to begin within 11 hours after a previous shift ends.
United States
25 Apr 2018
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