Labor and Employment Law

Recent Posts

Adverse Employment Action and an Expired Employment Contract: Time for the Michigan Supreme Court to Review
Posted on 31 Oct 2013 by John Holmquist

In Wurtz v. Beecher Metropolitan District , the Michigan Supreme Court will address the issue of whether a plaintiff in an action brought under the Michigan Whistleblowers' Protection Act can suffer an adverse employment action when the defendant... Read More

States With Pro-Employee Laws: Noncompete Agreement Hardship on Employee as Defense
Posted on 30 Oct 2014 by Donna Ballman

Or, States That Don't Suck For Employees Part VIII Living in Florida, one of the worst states in America for employees on noncompete agreements, I'm used to having to deal with a statute that says the courts cannot consider any economic hardship... Read More

Supreme Court Denies Review in Iskanian v. CLS Transportation
Posted on 21 Jan 2015 by Robin Largent

Today, the United States Supreme Court issued an order denying review of the California Supreme Court’s decision in Iskanian v. CLS Transportation . CLS Transportation had petitioned for review of the California Supreme Court’s recent ruling... Read More

11th Circuit Rules Courts Must Consider Hardship to Employee in Deciding on Florida Noncompete Injunction
Posted on 14 Sep 2015 by Donna Ballman

Florida's noncompete statute is, no doubt, harsh on employees and extremely favorable to employers. However, the 11th Circuit Court of Appeals just made it a bit less harsh. The court ruled that, although Florida law bans the courts from considering... Read More

Mandatory Employment Arbitration Survives California Challenge
Posted on 14 Oct 2015 by Duane Morris LLP

For now, California employers may continue to require new hires to enter into binding mutual agreements to arbitrate all disputes. In a veto action that was somewhat unexpected, California Governor Edmund G. ("Jerry") Brown declined to sign... Read More

Employment Contracts (Whether You Like Them or Not)
Posted on 13 Aug 2014 by Lisa Stam

At the end of August, our new law firm will be half a year old. After a decade of practicing law in other peoples’ firms, I have to say, being the owner of the business is even better than I had expected. It’s not fewer hours, has just as... Read More

Federal Appellate Court in New York Rules That Denying or Reducing Employee’s Discretionary Bonus May Be Unlawful Discrimination
Posted on 12 Nov 2015 by David S. Rich

On October 19, 2015, in Davis v. New York City Department of Education , No. 14-1034-cv, 2015 U.S. App. LEXIS 18115 (2d Cir. Oct. 19, 2015), the U.S. Court of Appeals for the Second Circuit held that “the denial or reduction of a discretionary bonus... Read More

Two All-Beef Patties, Special Sauce … and a Noncompete?
Posted on 15 Oct 2014 by Jon Hyman

While the law of noncompete agreements is state-specific, generally you need three things to enforce such an agreement: reasonableness as to the duration of the agreement, reasonableness as to its geographical scope, and reasonableness as to the interest... Read More

Unconscionable Employment Arbitration Agreements
Posted on 3 Dec 2014 by Philip Miles

Well, we only have two weeks left in the semester in my employment law class at Penn State. Frankly, I'm disappointed in myself for not blogging more about the interesting cases and issues we're covering in class. I'm covering arbitration... Read More

You Can Take My Word For It....At Least For Now
Posted on 24 Jul 2014 by John Holmquist

In Klein v. HP Pelzer Automotive Systems, Inc. , the Michigan court of appeals reversed the lower court's grant of summary disposition on the claim that the employer breached an express contract to pay severance [a n enhanced version of this opinion... Read More

States With Pro-Employee Laws: Consideration For Noncompete Can't Be Continued Employment
Posted on 14 Nov 2014 by Donna Ballman

Florida, like some other states, allow unscrupulous employers to present noncompete agreements to existing employees and say, "Sign or be fired." What does the employee get for agreeing not to work for a competitor for a year or two? Continued... Read More

Why Did The Lawyer Put This In My Employment Contract?: The Termination Clause
Posted on 18 Sep 2012 by Donna Ballman

In yet another attempt to explain the legalese that lurks in your employment contracts, today I'll talk about some of the language you might see in the contract you sign when you're first hired: the termination clause. It's something you don't... Read More

Pennsylvania Superior Court Requires Additional Consideration For Non-Compete From Current Employee
Posted on 16 Jun 2014 by Steptoe & Johnson PLLC

by Jami K. Suver The Pennsylvania Superior Court recently ruled in Socko v. Mid-Atlantic Systems of CPA, Inc. , that non-compete agreements signed during employment are not enforceable unless the employer provides its employee additional consideration... Read More

Court Invalidates Class Action Waiver Where Arbitration Agreement Not Governed by FAA
Posted on 2 Nov 2015 by Robin Largent

Earlier this week, a California Court of Appeal issued its published opinion in Garrido v. Air Liquide Industrial U.S ., holding that a class action waiver in an employment arbitration agreement was unconscionable and unenforceable. You're thinking... Read More