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WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on June 9 denied a petition for certiorari filed by a seaman who sought review of a decision that his injury-related claims must be arbitrated under his employment contact with a cruise...

WASHINGTON, D.C. - (Mealey's) The Oklahoma Supreme Court failed to properly apply a basic tenet of the Federal Arbitration Act (FAA) when it declared the noncompete agreement in two employment contracts null and void rather than leaving the determination...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

In Hoogland v. Kubatzke , the Michigan court of appeals addressed the issue of whom can benefit from a provision in an employment contract which shortens the limitations period for legal actions, including discrimination cases. The plaintiff had filed...