In today's job market, companies need every advantage they can get when it comes to hiring and retention of workers. Requiring new hires to sign restrictive covenants like noncompete agreements could be off-putting to some of the best talent in a limited pool.Yet...
When might one company be considered a "joint employer" with another company over the same workers? It's an important question, because joint employers share liability for labor law violations. Consider the case of a franchisor and franchisee. When could a franchisor...
When you enter into business or commercial litigation, you expect either to settle out of court or to have a trial. In some situations, however, the trial is cut short because one party files for summary judgment and a judge grants that motion. What is summary...
You've entered into a contract, but the other party hasn't carried through on their promises. Failing to comply with the terms of a valid agreement is called "breach of contract." Contract breaches may be resolved through negotiation, alternative dispute resolution or...
The Trump administration promised to make federal agencies friendlier toward businesses and employers, and some progress has been made on that goal. Recently, the Department of Labor has taken steps to encourage assisted, voluntary compliance with wage and hour laws.A...
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination in any aspect of employment against people 40 and older. When two firefighters from a small Arizona district sued for alleged age discrimination, however, the fire district claimed that...
If your company has been considering offering paid family and medical leave, now may be the time to act. According to the IRS, the Tax Cuts and Jobs Act established a tax credit for businesses that offer such leave under a compliant policy. Even better, that credit...
Whenever you enter into an agreement, it's important consider whether that agreement is enforceable in court. Otherwise, it's hardly worth the paper it's written on -- or isn't.The first thing to consider is whether you have a valid contract. The basics of a valid...
It has been over 50 years since the passage of Title VII of the Civil Rights Act of 1964, but some companies are still running into trouble. Employers are finding themselves liable for discrimination when they treat men and women differently in promotion decisions....
If your organization uses non-compete clauses or agreements, you may have assumed that its best to draft them as broadly as possible in order to cover all situations. Unfortunately, many courts are increasingly scrutinizing these agreements and may find them...
