Insights

Strictly speaking, the Employee Free Choice Act of 2007 is not yet back before the United States Congress. However, if the Democrats prevail in November’s Presidential election, we can expect to see Big Labor and its...

Awards rendered by arbitrators are ordinarily subject to limited judicial review and may be overturned only in narrow circumstances.  In particular, an award is not subject to attack in court merely because it contains...

On February 1, 2009, New York will join a handful of other states which have enacted state plant closing laws that are more stringent than the federal Worker Adjustment and Retraining Notification (“WARN”) Act. The...

One of the most important legal developments to affect the American workplace in the past two decades is the Americans With Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).  The ADA was championed by then-Senator...

Effective September 6, 2018, New York City employers must comply with the posting and notice requirements in the newly enacted Stop Sexual Harassment in NYC Act. (See New York State and New York City Both Expand Laws...

New York’s Governor David Patterson has signed into law the “Broadcast Employees Freedom to Work Act” ( Senate Bill S02393, Assembly Bill A 2124-A),  which adds a provision to the New York Labor Law banning non-compete...

An employer’s nightmare is the productive employee who leaves the company and begins competing against it.  Given this reality, what is an employer to do?  In many cases, the answer is:  write an employment contract that...

In a groundbreaking development, the California Court of Appeal for the Fourth Appellate District (San Diego) has ruled that class actions are inappropriate procedural vehicles to address claims that employers have not...

The California Supreme Court recently issued its latest opinion in a line of decisions dealing with mediation, squarely holding that if a party desires to have a binding mediation settlement, the matter must be properly...

Although generally supportive of alternative dispute resolution, and arbitration in particular (see, e.g., Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992)), California courts have also closely scrutinized agreements...