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Employment Contracts

Maritime arbitration agreements enforceable, trump California law

01/15/2009

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

Planned state furloughs tied up in union lawsuit

01/15/2009

Faced with California’s ongoing budget crisis, Gov. Arnold Schwarzenneger announced that all state workers must take two unpaid days off every month beginning in February. The austerity measure didn’t sit very well with two labor unions …

Review contract language before changing benefits

01/09/2009

If your organization has a collective-bargaining agreement with a union, you must make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone.

Prepare to make clear-cut case before firing public employee working on contract

01/05/2009

Ohio public school employees who work under contracts for a set term have the right to keep working until the contract runs out, absent certain “extraordinary circumstances.” But school districts that show exactly why an employee should be fired … are on solid ground when it comes to a later lawsuit.

A matter of trust: 4 ways to defend against employee disloyalty

12/31/2008

North Carolina, like many states, recognizes that employees owe a certain level of duty to their employers. However, the North Carolina Supreme Court has specifically rejected any independent liability for breaching such duty.

Consider all possible costs when determining whether arbitration will save you money

12/24/2008

When it comes to reducing the time and expense of litigation, be careful what you wish for. Attorneys often advise employers to consider adopting arbitration clauses to settle employment disputes. With arbitration, no jury is involved; the case stays out of court; there’s no bad publicity; and it may be cheaper—or maybe not.

State retains control of local school contract oversight

12/24/2008

New regulations that gave the New Jersey Department of Education authority to review and reject pending contracts for top school administrators withstood a legal challenge from the New Jersey Association of School Administrators (NJASA).

Must we pay travel costs when light duty means a temporarily longer commute?

12/24/2008

Q. One of our employees who normally reports to another facility has been out on workers’ comp and is now doing light duty in the office. Getting here adds an extra hour to his commute. I know we don’t have to pay for his commuting time, but what about his travel expenses?

Are mandatory arbitration agreements legal?

12/24/2008

Q. We require that our employees to agree to resolve all disputes by binding arbitration, rather than going to court. I’ve heard some government agencies have ruled those kinds of arbitration policies illegal. I don’t think that could be right, but thought I better check.

Formal contract not necessary for employee to bring wage claim under IWPCA

12/11/2008

Under the Illinois Wage Payment and Collection Act, employees can sue their employers if they believe they are owed money, including promised commissions and the like. The law doesn’t require that the money owed be promised in a binding, written contract.