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Employment Discrimination › Employer Liability Issues › Contract Terms

Husch Blackwell LLP

NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

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The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the Second U.S. Circuit Court of Appeals agreed that a NFL coach...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

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

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

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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

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

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

Herbert Smith Freehills Kramer

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

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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

Ervin Cohen & Jessup LLP

AB 749: Because California Needs More Lawsuits

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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

Miles & Stockbridge P.C.

Avoid Buyer’s Remorse Over EPLI Coverage

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Many employers purchase Employment Practices Liability Insurance (EPLI) to insure against loss as a result of employment claims. However, employers who do not carefully read their policies could be surprised by what is (or is...more

Proskauer - Law and the Workplace

Illinois Enacts Workplace Transparency Act

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On August 9, 2019, Illinois Governor Pritzker signed the Workplace Transparency Act (the “Act”) into law. The Act will apply to all contracts, agreements, clauses, or waivers entered into, modified, or extended on or after...more

Carlton Fields

Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be...

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The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more

Hogan Lovells

Mandatory Arbitration Provision Enforceable in Sexual Harassment Case Despite Recent NY Law

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On June 26, 2019, Judge Denise Cote, of the Southern District of New York, granted a motion to compel arbitration of an employment discrimination, retaliation and sexual harassment claim—despite recently passed NY law, NY...more

Flaster Greenberg PC

What New Jersey’s New Law On Employment Contracts Means for Employers: Are Non-Disclosure and Arbitration Provisions Out?

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On March 18, 2019, New Jersey Governor Phil Murphy signed a new law, which, among other things, bars employers from requiring employees to sign or enforcing employment contracts that require employees to agree to waive...more

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