Tag: Employment law

Binding Arbitration Ordered Despite Agreement Ambiguity

Arbitration agreements are basically contracts, and they won’t be enforced absent proof both parties agreed to their terms. When the agreement is ambiguous and the ambiguity was created by the employer, one might expect a court won’t enforce the contract against the employee. But arbitration agreements are favored by some basic legal tenets, so is […]

#Metoo Comes to the Playing Field

The National Football League (NFL) recently levied a $10 million fine against the Washington Football Team (WFT) for fostering a workplace culture loaded with sexual harassment, bullying, and intimidation. The fine, imposed at the end of a months-long investigation, is one of the harshest penalties the league has ever assessed. The money will be used […]

mental health

11th Circuit Offers Guidance on Mental Disabilities and Workplace Safety

Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive episodes occur at work, they can create tough HR challenges. On May 27, 2021, the U.S. 11th Circuit Court of Appeals (which covers […]

hiring

Worker Boxed Out of Suit Against Temp Agency’s Client

A temporary worker asserted claims for racial discrimination, harassment, retaliation, and battery. He settled his claims against the temp agency but tried to pursue them against the company that ran the facility. A federal judge in Southern Illinois told him to pack up and go home.

Sign on Dotted Line: Arbitration Agreement Enforceability Against Predecessor Company

The New Jersey Appellate Division recently vacated a September 2020 trial court order dismissing a former employee’s lawsuit and compelling him to arbitrate his Conscientious Employee Protection Act (CEPA) claims against his former employer’s predecessor. In so doing, the appellate court found the trial court must first determine whether the arbitration agreement was binding on […]

Latest Supreme Court ACA Ruling Preserves Status Quo for Employers

In what is being called a signal to foes of the Affordable Care Act (ACA), the U.S. Supreme Court’s latest ruling on the health care law preserves the status quo for employers. In a 7-2 decision, the Court found the states challenging the ACA’s legality in California v. Texas did not have standing to bring […]

care

So Your Employee Wasn’t Selected in H-1B Lottery . . . Now What?

A day after U.S. Citizenship and Immigration Services (USCIS) completed the H-1B cap-subject lottery selection process in late March, the winners were eligible to start filing. But what if your employee wasn’t selected? Fortunately, numerous other options are available so your business can continue to employ valuable foreign national workers. Optional Practical Training Foreign national […]

Key Areas of Focus For Small Business Human Resources

An entrepreneur hiring his or her first employee is an event that comes with a mix of excitement, pride, and anxiety. Whether a company has 1 or 10,000 employees, and whether or not it has a formal HR team, there are some foundational HR issues that impact any organization. Employment Laws and Regulations Many employment […]