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Contract Terms Employment Discrimination

Husch Blackwell LLP

Michigan Supreme Court Upends Shortened Limitations Periods in Employment Contracts

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Imagine accepting a new job, signing a stack of documents, and working for years—only to learn after being fired that hidden fine print gave you just months, not years, to sue for wrongful termination. Sound fair? The...more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

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In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Miller Canfield

Michigan Supreme Court - Contractually Shortened Period of Limitations in Employment Agreements May Need Another Look

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On July 31, 2025, in Tamika Rayford v American House Roseville, LLC d/b/a American House East I and American House, the Michigan Supreme Court held that boilerplate employment agreements that shorten the limitations period to...more

Dickinson Wright

Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.

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Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in...more

Morgan Lewis

Strategy Considerations for Companies Assessing Risks of Fraud Liability for DEI Programs

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On May 19, 2025, the US Department of Justice announced the establishment of the Civil Rights Fraud Initiative, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient...more

Ervin Cohen & Jessup LLP

To Sever or Not to Sever, That is the Question For Courts Reviewing Employment Arbitration Agreements for Enforceability

Less than a year ago, the California Supreme Court in Ramirez v. Charter Communications, Inc. opined, in the context of employment arbitration agreements, that there is no bright line rule that requires a court to refuse...more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

Farella Braun + Martel LLP

2025 California Employment Law Changes Every Employer Needs to Know

California has long been known for its expansive employment protections, and recent legislative updates have further complicated the landscape. For HR professionals and employment lawyers, staying up to date with the latest...more

Troutman Pepper Locke

New York Senate Passes First-in-the-Nation Bill Requiring Mandatory Review and Revocation Period for All Severance Agreements

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Under current law, New York employers are statutorily required to provide a 21-day review and seven-day revocation periods in employment separation agreements in two scenarios: (1) if the employee is 40 or older and the...more

Akin Gump Strauss Hauer & Feld LLP

DEI Implementation: GSA Announces Class Deviation to the Federal Acquisition Regulation to Implement DEI Related Executive Orders

On February 18, 2025, the U.S. General Services Administration (GSA) issued a Federal Acquisition Regulations (FAR) class deviation—CD-2025-041—to implement several Executive Orders (E.O.) relating to Diversity, Equity, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Federal Court Ruling Highlights a Potential Pitfall in Settlement Agreement Enforcement

On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving...more

Barnea Jaffa Lande & Co.

Employment Law: Everything You Need to Know for the Beginning of 2025

Israel began 2025 with a series of labor law amendments and updates. Following are highlights of relevant amendments and innovations. ...more

Adams & Reese

As Election Nears, How Do State Laws Impact Employers’ Policing of Social Media Posts by Employees?

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With a highly divisive U.S. Presidential Election between Donald Trump and Kamala Harris just weeks away, political social media posts have inundated newsfeeds. But what happens when a post goes too far, and/or an employee’s...more

Husch Blackwell LLP

Key Considerations in AI-Related Contracts

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Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more

Fisher Phillips

NYC Bans Contract Terms that Reduce the Time Employees Have to Bring Discrimination Claims: Key Points for Employers

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New York City employers should review their handbooks and employment agreements to ensure they comply with a new law that took effect May 11. Lawmakers recently amended the New York City Human Rights Law (NYCHRL) to prohibit...more

Butler Snow LLP

Fifth Circuit Says Failure-to-Hire Discrimination Claim May Be Supportable Even if Plaintiff Applies for Position That is...

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A plaintiff alleging employment discrimination based on a failure-to-hire must, of course, show that she “actually applied” for the position. Thomas v. Tregre, 913 F.3d 458, 463 (5th Cir. 2019). However, this week, the...more

Farrell Fritz, P.C.

The Contract is King: Advancement and Indemnification Under Delaware Law

Farrell Fritz, P.C. on

In last week’s New York Business Divorce, we wrote about an important decision from New York’s highest court, Sage Sys., Inc. v Liss (___ NY3d ___, 2022 NY Slip Op 05918 [Ct App Oct. 20, 2022]). In Sage, the Court of Appeals...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Excusing False Positive Drug Test Caused by CBD Use May Be a Reasonable Accommodation, Says U.S. District Court in Louisiana

A federal district court in Louisiana, in Huber v. Blue Cross & Blue Shield of Florida, Inc., recently denied an employer’s motion for summary judgment in an Americans with Disabilities Act (ADA) and Louisiana Employment...more

Jackson Lewis P.C.

Tenth Circuit Affirms Dismissal of Locum Tenens’ Discrimination Claims Because Physician Was Not A Hospital Employee

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Title VII prohibits discrimination at the workplace based on race, color, sex, and national origin. But, only “employees” can bring claims under Title VII as the law does not protect independent contractors. The Tenth Circuit...more

WilmerHale

New CA Law on Nondisclosure Provisions: Bars Restricting Employee Disclosure of Workplace Harassment or Discrimination

WilmerHale on

On October 7, 2021, California Governor Gavin Newsom signed into law Senate Bill 331 (S.B. 331), which prohibits employers from including in settlement agreements or separation agreements certain provisions that bar employees...more

Payne & Fears

Key California Employment Law Cases: July 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, 140 S. Ct. 2049 (2020) - Summary: The ministerial exception, grounded in First Amendment’s religion clauses, barred teachers’ employment discrimination claims where teachers...more

Herbert Smith Freehills Kramer

Mark Your Calendars, New York Employers: A Look at the 2020 Effective Dates for Employment-Related Legislation

2019 brought a number of important changes in the law that warrant the attention of New York employers. Start off the new year right and ensure your calendars are up to date by including the 2020 effective dates of these New...more

Herbert Smith Freehills Kramer

EEOC Retracts Long-standing Policy Against Binding Arbitration in Bias Cases

On Dec. 16, 2019, the Equal Employment Opportunity Commission (EEOC) rescinded its 1997 policy statement on “Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the 1997 Policy...more

Ervin Cohen & Jessup LLP

AB 749: Because California Needs More Lawsuits

Assembly Bill 749 is an unnecessary law that will only serve to incentivize more lawsuits between former employees and employers. Effective on January 1, 2020, AB 749 will prohibit an agreement to settle an employment dispute...more

BCLP

NDAs: The EHRC calls for employers to make important changes to their practices with settlement agreements

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The Equality and Human Rights Commission has issued guidance on the use of confidentiality provisions in discrimination cases. The guidance, if followed in its entirety, would mean employers significantly changing the way...more

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