Employment Contracts

Lawmakers urged to reject new labor contracts

05/20/2011

The nonpartisan California Legislative Analyst’s Office (LAO) has urged state lawmakers to consider rejecting some or all of six new collective bargaining agreements negotiated with state employee unions in March.

Ensure arbitration agreements are clear, fair

05/20/2011

Given their druthers, courts would just as soon rule that employment arbitration agreements are valid—and send them back for an arbitrator to settle. But employers must help by making those agreements easily understood, fair and not entirely one-sided.

Leave contracts to the experts: Have attorney draft documents detailing benefits

05/02/2011

Make sure an attorney reviews any contracts dealing with employee benefits and the like. A good lawyer will make sure the agreement does what you want it to do and doesn’t have language that may need court interpretation.

California Supreme Court: Employees get hearing before arbitration

04/20/2011

The California Supreme Court has ruled that arbitration agreements are not enforceable if they require employees to arbitrate wage claims before they have a nonbinding administrative hearing before the State Labor Commissioner.

Covered by union agreement? Its terms govern all contracts

04/14/2011

Employees covered by a collective bargaining agreement can’t claim additional quasi-contractual rights, as the following case shows.

Somerset prison guard union talks headed to arbitration

03/29/2011

Forty Somerset County prison guards will continue to work under the terms of a contract that expired at the end of 2010 while they and the county take contract negotiations to arbitration. The county has asked the guards to accept concessions on either wages or health benefits.

Beware relying on arbitration agreements: They’re California courts’ pet peeves

03/22/2011

You may have heard that arbitration agreements are a great way to avoid lengthy and potentially costly employment discrimination lawsuits. But before you decide to use an arbitration agreement, remember that California courts don’t like them very much.

Hiring employees from competitor

03/14/2011

Q. We are hiring a high-level employee who will come to us from our major competitor. She has no noncompete agreement with her current employer. Is that our only risk?

What can employers opting out of workers’ comp do to minimize the threat of lawsuits?

03/04/2011

Q. My company is a nonsubscriber under the Texas Workers’ Compensation Act and has its own on-the-job employee injury benefit plan. Is there any way to decrease the likelihood of employees who receive benefits under the plan later suing the company and recovering damages related to their injuries?

Disclaimer can counter employment-contract argument