Employers should carefully evaluate their employment agreements with a focus on eliminating provisions that may be unlawful, given a recent National Labor Relations Board (NLRB) ruling. Specifically, DISH Network was ordered on April 13, 2017, to revise or rescind its employment agreements after the NLRB found the agreements contain provisions that violate federal labor law.
arbitration
Should Employers Reconsider Using Mandatory Arbitration Provisions in Employment Agreements?
The Wall Street Journal recently ran an editorial titled, “Why the Trial Bar and Its Friends Detest Arbitration” by James R. Copland. Mr. Copland’s editorial highlighted some high-profile lawsuits to conclude that the court system often fails companies. Business owners frequently share the same belief and assume their businesses will fare better in…
Opt-out Employee Arbitration Agreement Upheld But At What Cost?
Arbitration agreements are common in the employment relationship. And employers understand that normally an employee must sign such an agreement in order for it to be enforceable. But what happens if your company’s policy is to require employees to arbitrate a dispute unless the employee takes some action to opt-out of the employment arbitration agreement?…
Michigan Court Gives Shareholders Standing to Sue For Discrimination Under Civil Rights Act
A recent Michigan Court of Appeals Opinion has significant impact on small businesses, employment discrimination claims, and arbitration agreements. This decision is likely to especially impact professional businesses such as law firms and doctors groups.
Specifically, in Hall v Stark Reagan, P.C., two former law partners were forced out of their professional corporation after…