Posts

8th Circuit: Arbitration Agreements Must Be Enforceable Contracts

APPLIES TO

All Employers with AR, IA, MN, MO, NE, ND, and SD Employees

EFFECTIVE

July 15, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Shockley v. PrimeLending, the Eighth Circuit Court of Appeal reminded employers that arbitration agreements must be enforceable contracts. There, the employer’s mandatory arbitration agreement and delegation clause existed only in its Handbook Addendum. The employee had received the Addendum electronically, which only required her to click on the Addendum link to generate an automatic acknowledgement that it was reviewed.  There was no evidence that the employee had actually ever opened the Handbook or Addendum and reviewed the arbitration policy.

Read more

Nebraska: Employees are Permitted to Discuss Wages

APPLIES TO

All Employers subject to FEPA with NE Employees

EFFECTIVE

September 6, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

LB 217 updated the Nebraska Fair Employment Practice Act (FEPA) to prohibit employer discrimination of employees who “inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation” outside of working hours. This rule does not apply to employees whose job functions allow them access to this information and disclose it to someone who does not otherwise have authorized access to the information, except under limited circumstances. It also does not apply to employees who disclose such wage information to the general public or to the employer’s competitors.

The rule expressly states that employers are not required to disclose information regarding employee wages, benefits, or compensation. However, it also states that this information is not proprietary information. This means that employers should have their nondisclosure agreements reviewed by legal counsel to ensure they are compliant with the current rule.

Action Items

  1. Read the text of the bill here.
  2. Have employee handbooks and employer policies updated where applicable.
  3. Have nondisclosure agreements updated where applicable.
  4. Have managers trained on the new rule.
  5. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Can Applicants Sue Over the Pre-Adverse Action Notice Requirement?

APPLIES TO

All Employers with Employees in AR, DE, IA, MN, MO, NE, ND, NJ, PA, SD

EFFECTIVE

September 6, 2018 and September 10, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Several Court of Appeal cases have come down recently on whether or not an applicant can sue an employer for failing to provide a pre-adverse action notice as required under the Fair Credit Reporting Act (FCRA). There is a split in the courts between the Ninth Circuit (applicants cannot sue) and Seventh Circuit (applicants can sue). More recently, the Third Circuit issued its own ruling.