Singing the Contract Blues
Sometimes court decisions read like blues songs. Such is the case with Dolan v. McQuaid. Effie Dolan and Christopher McQuaid met in 1997 and fell in love. Eventually they were engaged to be wed. It...
View ArticleConfidentiality Agreement Breached By Daughter’s Facebook Post
Teenagers! In the world of social media, they seem to have no sense of privacy. They will share anything and everything with their multitude of Facebook “friends.” And in one case, doing that cost...
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The Government Seems Confused About Class Action Waivers
The issue of whether employees can be required to sign arbitration agreements that contain waivers of their right to file a class or collective action over employment-related disputes is one that has...
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Wait – That E-mail Is a Legal Agreement?
I know I’m dating myself, but as a lawyer of a certain age, I like a legal agreement to be in paper, with handwritten signatures. The growing use of electronic agreements and signatures is certainly...
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U.S. Supreme Court Approves Use of Class Waivers in Employment Agreements
On May 21, 2018, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that employment agreements containing waivers of the right to bring class or collective actions over employment-related...
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The Government Seems Confused About Class Action Waivers
The issue of whether employees can be required to sign arbitration agreements that contain waivers of their right to file a class or collective action over employment-related disputes is one that has...
View ArticlePresident Biden Issues Challenging Executive Order Seeking to Ban or Limit...
On July 9, 2021, President Biden signed a wide-ranging Executive Order intended to promote competition in the American economy. The E.O. contains 72 initiatives across the whole of government, several...
View ArticleD.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty...
A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty...
View ArticleMaryland Employers Beware – State Wage Laws Do Not Incorporate Federal...
Maryland’s highest court has ruled that the federal Portal-to-Portal Act has not been adopted or incorporated into Maryland’s Wage and Hour Law, Wage Payment and Collection Law, or the corresponding...
View ArticleCan You Force Employees to Repay Wages?
There have been a couple of interesting situations in the news recently involving employees who have been ordered by a court to repay wages to their employers. One involved a Canadian employee who...
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Contract by Emoji?
Apparently, emojis have become such an accepted means of communication that a Canadian court found to create an enforceable contract for $82,000 (plus interest and costs)!! In South West Terminal Ltd....
View ArticleAt-Will Employment Is a Fairy Tale…
Once upon a time, employees in all states but Montana (always bucking the establishment!) were presumed to be employed at-will, absent some sort of employment agreement (e.g. individual contract for a...
View Article“Stay-or-Pay”? A Potential TRAP for Employers!
A recent New York Times article highlighted the use and, frankly, abuse of Training Repayment Agreement Provisions (TRAP – oooooh, good acronym!), also known as stay-or-pay provisions. Under a TRAP, if...
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