Employment Contracts

Specify which state’s laws apply to arbitration agreements covering teleworkers

05/23/2014

If you happen to use an arbitration agreement in employment contracts for out-of-state telecommuters, be aware that you may have to specify what state law you want to apply to the contract. Otherwise, the court will likely presume the employee’s state of residence applies.

Want to require an arbitration agreement? That’s fine as long as it’s fair to employees

04/23/2014

Here’s some good news for employers that want to use arbitration as a way to resolve employment disputes instead of relying on federal or state courts: Imposing a fair arbitration policy on applicants as a condition of employment is fine.

Track worker receipt of electronic handbook

04/03/2014

Want an easy way to show that an employee acknowledged receiving a copy of your arbitration agreement? Include it in the employee handbook. Then have IT track when employees received it.

Ensure arbitration agreement in application isn’t one-sided

03/27/2014

Employers that want to use arbitration to avoid protracted legal battles can include arbitration agreements in their applications and require applicants to sign as a hiring condition. That’s provided the agreement isn’t entirely one-sided.

Electronic signatures: What HR professionals need to know

03/13/2014

For centuries, a signature at the bottom of a piece of paper has meant someone agrees with what the document says. But now many of our documents are made of electrons instead of wood pulp.
Can keystrokes carry the same legal weight as strokes of the pen?

Using day labor? Keep relationship contractual

03/06/2014

If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer. Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.

Noncompete buried in benefit plan? Admin sets the terms

02/28/2014

Are some of your benefits—such as bonuses or other merit payments at retirement or departure—contingent on complying with a covenant-not-to-complete? Chances are the benefits plan administrator—not a federal court—will be interpreting the terms.

Noncompete agreements for new and existing employees

02/19/2014

Q. We recently merged with a smaller company, taking on several new sales people. Most of our existing sales staff are long-time, loyal employees, so we haven’t previously used noncompete agreements. However, we’re now reconsidering this. Can we require all of our sales staff to sign noncompetes?

Employee Handbooks: Overview

02/10/2014

HR Law 101: Employee handbooks are extremely valuable business tools. But if you’re not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely …

Alternative Dispute Resolution

02/01/2014

HR Law 101: In recent years, various forms of alternative dispute resolution have gained popularity. Mandatory arbitration in particular is attractive to employers because employees who sign arbitration agreements forfeit their right to sue in federal or state court …