Employers in California should carefully consider three new legal developments there. 1. California has restricted the use of nondisclosure agreements. In California, employers may not include nondisclosure (confidentiality) provisions in settlement agreements involving allegations of sexual harassment or sex discrimination, or certain other sexual offenses (whether in the workplace or housing). See Senate Bill 820. […]
As noted in a previous post, arbitration isn’t just a private form of litigation. It’s a fundamentally different process than litigation. One major difference is that, in arbitration, one or both parties (depending on their arbitration agreement) pays the arbitrator’s fees, and those fees need to be paid as the case is being processed. The […]
Clarifying what had been a controversial approach, OSHA issued a memo that clarifies its position regarding two common employer policies, confirming that neither constitutes unlawful retaliation: 1. Post-accident drug testing will not generally violate OSHA’s anti-retaliation provisions. Action taken under a safety incentive program or post-incident drug testing policy would only violate 29 C.F.R. § […]
In a footnote to a recent decision, two current NLRB members signaled a willingness to revisit its Settlement Bar doctrine. Under its Settlement Bar doctrine, the Board has held that workers may not attempt to “decertify” a union for at least a “reasonable” period of time after their employer has entered into an agreement to […]
Employers considering adopting arbitration agreements might be interested in a recent decision by the Colorado Court of Appeals. The Court’s ruling highlights some of the major differences between litigating in courts and arbitrating before a private arbitrator. The case involved an arbitration agreement that required arbitration of claims “arising” under the parties’ contract. One of […]
