Last month, the United States Court of Appeals for the Second Circuit found that an employee’s sworn statement that she never electronically signed (or even saw) an arbitration agreement during the onboarding process were, alone, enough to avoid arbitration. This...
In a 5-4 decision, the United States Supreme Court held that state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of Public Safety, United States Supreme...
The U.S. Supreme Court has accepted the Petition for Certiorari of Helix Energy Solutions Group, Inc. to review an issue splitting the federal Courts of Appeals under the Fair Labor Standards Act (FLSA). The Justices have been asked to construe a regulation under the...
Following years of declining unionization rates, the United States is experiencing a significant resurgence of labor unions throughout the country. Between October 2021 and March 2022, union representation petitions filed at the National Labor Relations Board (NLRB)...
A majority of employers with offices in New York or employees working remotely in New York will likely be affected by two new bills that were signed into law by New York’s governor, Kathy Hochul, on March 16, 2022. With more bills likely to follow, Senate Bills S5870...
Beginning July 6th of this year, Ohio employers will be impacted by a new set of rules for hourly employees in regard to their overtime pay. Last week, Governor DeWine signed Ohio Senate Bill 47 into law. It was touted as a much-needed legal gauntlet to protect Ohio...
A growing number of states across the U.S. are enacting tougher restrictions on the enforceability of non-competition and non-solicitation covenants in the workplace, including Illinois, which recently passed legislation amending the Illinois Freedom to Work Act (the...
U.S. House Passes the FAIR Act On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions in certain contexts, including in class...
With the passage of H.R. 4445, Congress has discovered a point of agreement: barring the mandatory imposition of arbitration for employees suffering from sexual assault or sexual harassment in the workplace. President Biden has indicated he is likely to sign the bill...
One of Ohio’s most influential appeals courts has affirmed the power of courts to modify non-compete agreements (here, a physician’s employment contract) to strike the right balance between employers’ interests in protecting their proprietary and other investments in...