Searching Content indexed under Contract of Employment by Troutman Sanders LLP ordered by Published Date Descending.
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The Potential Pitfalls Of Using Non-Competes For Low-Wage Workers
The Bloomberg Editorial Board recently published an article entitled "Too Many Workers Are Trapped By Non-Competes" arguing ...
United States
30 Nov 2018
U.S. Supreme Court Upholds Class Action Waivers In Employment Contracts, Adding To Its Decisions Consistently Enforcing Arbitration Provisions
On May 21, the U.S. Supreme Court, in a 5-4 decision penned by Justice Neil Gorsuch, held that employers can include a clause in their employment contracts that requires employees to arbitrate...
United States
24 May 2018
California Supreme Court Adopts Dramatically Worker-Friendly Classification Test
In a unanimous decision, the California Supreme Court embraced a standard that presumes workers in California are employees instead of independent contractors.
United States
9 May 2018
Background Screening Company Defeats FCRA Claim With Standing And Effective Procedures Defenses
A district court in Ohio dismissed a plaintiff's claims under the Fair Credit Reporting Act, 15 U.S.C. ง 1681 et seq., because he could not show ...
United States
1 May 2018
Collection Of Pay Data On The EEO-1 Report On Hold – For Now!
Ever since the election, large employers and federal contractors across the country have been holding their breath, wondering if the Trump administration would take steps to revoke a new requirement...
United States
7 Sep 2017
FTC Issues Guidance For Employment Background Screening
On April 28, the Federal Trade Commission published a blog entitled "Background Checks on Prospective Employees: Keep Required Disclosures Simple."
United States
10 May 2017
Two Immigration Law Updates: Premium Processing For H-1B Temporarily Suspended, And New Handbook For Employers Issued
As we approach the filing deadline for FY 2018 H-1B cap petitions, there are a couple of updates of which you need to be aware.
United States
23 Mar 2017
USCIS To Suspend Premium Processing For H-1B Petitions On April 3, 2017
The USCIS Premium Processing Service guarantees the processing of certain filings such as H-1B petitions within 15 calendar days to those petitioners or applicants who pay the required additional fee.
United States
16 Mar 2017
Defendant Requests Rehearing En Banc Of Ninth Circuit's Finding Of Willful FCRA Violation
The Ninth Circuit's decision is the latest case to grapple with the implications of the Supreme Court's Spokeo decision and its effect on Article III standing.
United States
3 Mar 2017
Employment Agreements Under The Bright Light Of The SEC's Enforcement Efforts
Back in April 2015, we told you about a new player in the world of employee whistleblower enforcement: the Securities and Exchange Commission (SEC).
United States
28 Feb 2017
Important Changes For High-Skilled Nonimmigrant Workers – And Their Employers — Coming January 17, 2017
Late last year, the U.S. Citizenship and Immigration Service (USCIS) issued its Final Rule amending certain regulations related to employment-based immigrant and nonimmigrant visa programs.
United States
9 Jan 2017
Court Finds That Spokeo Does Not Bar Enforcement Of Background Check Class Action Settlement
In Schumacher v. SC Data Center, the plaintiff brought three class action claims against SC Data Center, Inc. under the Fair Credit Reporting Act related to its pre-employment background check process.
United States
9 Jan 2017
Retention Of EB-1, EB-2, And EB-3 Immigrant Workers And Program Improvements Affecting High-Skilled Nonimmigrant Workers
On November 18, 2016, the USCIS issued its Final Rule amending certain regulations related to employment-based immigrant and nonimmigrant visa programs.
United States
29 Dec 2016
Catch The Wave: New California Employment Regulations And Requirements For 2017
Out with the old and in with the new? Not so fast. For California employers, it's more like keep the old and add the new.
United States
23 Dec 2016
District Court Wrestles With Interpretation Of Webpage In Background Check Disclosure Lawsuit
The Fair Credit Reporting Act requires that employers provide prospective applicants with a disclosure before obtaining a pre-employment background check from a consumer reporting agency.
United States
7 Dec 2016
The New I-9 Form Is Now Available
The most current version of the I-9 form is now available ( and employers must use only this version beginning on January 22, 2017.
United States
25 Nov 2016
New Version Of The Form I-9 Now Available
U.S. Citizenship and Immigration Services (USCIS) has released a new version of the Form I-9 (dated 11/14/2016 N).
United States
21 Nov 2016
Could A Franchisor Be Liable For A Franchisee's Employment Decisions?
Franchise agreements typically make clear that a franchisee is a separate entity from the franchisor and that the franchisor has no liability as an employer of anyone the franchisee hires and employs.
United States
8 Sep 2016
Background Screening Class Certified In Obsolete Information Case
On July 26, a Northern District of California judge certified a class of applicants who claimed that S2Verify, a background check company, included obsolete criminal information on their background...
United States
8 Aug 2016
Spokeo-Based Motion To Dismiss Filed In Pennsylvania Federal Court
In Long v. Southeastern Pennsylvania Transportation, the named plaintiffs applied for positions as bus operators with the Southeastern Pennsylvania Transportation Authority ("SEPTA").
United States
8 Aug 2016
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