News & Analysis as of

Employment Policies Dispute Resolution Employment Litigation

Ervin Cohen & Jessup LLP

Surprise! Misleading Statements and Time Pressure May Render an Employer’s Arbitration Agreement Unenforceable

Employers have long been scrutinized for perceived unequal bargaining power when it comes to enforcement of company-drafted arbitration agreements. Indeed, both the California legislature and the courts have aimed to protect...more

Clark Hill PLC

10 Compelling Reasons for Employment Arbitration: Part 2

Clark Hill PLC on

Managing litigation risk should be a priority for all employers. Mandatory employment arbitration programs create a framework of dispute resolution that helps give employers a measure of control and predictability over their...more

Bennett Jones LLP

Please Take a Number: Alberta Human Rights Complaints at a 10 Year High, Other Trends and Tactical Offers

Bennett Jones LLP on

The Alberta Human Rights Commission (the Commission) recently published its annual report, highlighting trends in human rights complaints for the fiscal year April 1, 2023—March 31, 2024....more

Sheppard Mullin Richter & Hampton LLP

New York Legislature’s Proposed Amendments Would Impact Employment Agreements

Two bills recently introduced in New York’s legislature could have a major impact on New York employers seeking to enter into employment-related agreements with employees. Invalidating “Unconscionable” Contract Terms - ...more

Miles Mediation & Arbitration

The Future of In-House Dispute Resolution Processes: Factors for Employers to Consider

What happens to the embedded in-house dispute resolution process if the company turns away from the DEI (diversity, equity, inclusion) policy for various reasons, including political ones? Or fear that it is seen as setting...more

Miles Mediation & Arbitration

“Get Laid Off with Me” on TikTok: What Employers Must Know About This New Trend

TikTok is unquestionably a modern phenomenon that features dancing, pranks, challenges, and unites the world with cat and dog videos. In the employment arena, it has also introduced the world to the ideas of “Quiet Quitting,”...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Arnall Golden Gregory LLP

NLRB Holds Home Depot Broke the Law by Banning “BLM” From Employee’s Apron

Recently, the National Labor Relations Board (“NLRB”) ruled that Home Depot — “Where Doers Get More Done” — had done too much when it discharged an employee, Antonio Morales, for refusing to remove the hand-drawn letters...more

Jenner & Block

NLRB Limits Employers’ Use of Non-Disparagement and Confidentiality Provisions in Employment-Related Agreements and Policies

Jenner & Block on

Employers have historically used non-disparagement and confidentiality provisions when resolving threatened or actual claims employees may pursue. The logic of proposing such clauses flows from the reasonable desire to bring...more

JAMS

Mediating Employment Disputes: Between a Clock and a Hard Case

JAMS on

The COVID-19 pandemic has forced companies across all industries and around the globe to recognize that there are differences in how their employees live and thrive. The barriers to an equitable work environment are being...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

Littler on

Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

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