Archives: Contract of Employment

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Accident or bad luck – not reasons to avoid paying the National Minimum Wage

As more employers are ‘named and shamed’ in the press for paying below the National Minimum Wage, the immediate question is “How can a large employer, with significant resources, be paying below the NMW by accident?” There are numerous areas where employers may find themselves unwittingly paying below the NMW and on the naughty step … Continue Reading

Restrictive covenants clauses: consistency is the key

Restrictive covenants in employment contracts are a bit like lifejackets: it’s nice to have them there and you hope that they will fit you in an emergency but you would really prefer not to have to use them. That said, if the time comes and your employees are approached by a competitor in breach of … Continue Reading

Ninth Circuit Widens Circuit Split on Enforceability of Class and Collective Action Waivers In Individual Employment Arbitration Agreements

Ninth Circuit joins Seventh Circuit in holding that class and collective action waivers in arbitration agreements violate the National Labor Relations Act and therefore are unenforceable. The question is straightforward enough:  does an employer violate the National Labor Relations Act (NLRA) by requiring that employees sign an agreement to arbitrate any claims concerning their wages, … Continue Reading

Costly SEC Settlement Reminds Publicly-Traded Employers of Dodd-Frank Requirements

On April 3, 2015, we reported that the Securities and Exchange Commission (SEC) had sent letters to numerous publicly-traded U.S. companies requesting their nondisclosure agreements, severance and settlement agreements, and other contracts entered into after the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) to determine whether the documents unduly interfere … Continue Reading

Full of promise – employer comes unstuck in discretionary bonus scheme

Here is a recent case which contains lessons harder than A-Level Maths for employers with discretionary bonus schemes. Mr Hills was regional sales manager in the UK for Niksun Inc, a US-owned business whose website says that it is “the primary provider of full packet capture for DISA“.  No, nor me.  Niksun runs a bonus … Continue Reading
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