Employment Law
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Even if an arbitration agreement is fair and evenhanded enough to meet California standards, employers still have to clear the hurdle of showing that employees knew about the policy and agreed to it. That means making sure that employees actually read the document—or at least sign off that they did or had the opportunity to do so.
It’s a blow to companies intent on acquiring another business and replacing current employees with new workers: The California Supreme Court has ruled that local governments can pass “retention ordinances” that require new owners to keep existing employees, at least temporarily.
Q. We are interested in hiring someone who is currently working for another company in H-1B status. Do we have to file a new H-1B application before this person can work for our company? If so, how long do we have to wait until he can start work?
Q. Can we rely on a release of all employment claims when terminating a military service member or veteran?
Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?
Public employees who miss the deadlines for suing under various discrimination laws sometimes get another bite at the litigation apple with a claim under Section 1983. But Section 1983 lawsuits also require public employees to show that their employers had a custom or policy that resulted in discrimination. That’s hard to do.
Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?
A new Texas Supreme Court ruling on covenants not to compete is good news for employers. The court’s decision in Marsh USA v. Cook moved away from technical questions of contractual enforceability and emphasized the core question of whether the scope of such covenants is reasonable.
Employers that list driving a commercial vehicle as an essential function of a position can rest assured that if a disabled employee cannot get recertified under DOT regulations, there is no need to offer other accommodations. An employee lacking certification isn’t otherwise qualified for the job and therefore not covered by the ADA.
What began as an investigation into a foul odor recently turned into something far worse for Safas Corporation, a Clifton company that makes kitchen countertops. OSHA found $135,000 worth of willful and serious violations. None had anything to do with the original stench.
