Mr Richard I Scharlat

Richard I Scharlat

Updates

Employment & Benefits

Practical insights for employers considering mandatory arbitration programmes following Epic Systems
USA | 12 June 2019

One year after the Supreme Court's landmark decision in Epic Systems – which paved the way for employers to force employees to waive their right to bring class actions – this article revisits the court's decision and the pros and cons of mandatory arbitration programmes with class action waivers.

New Jersey agreements with employees: new law leaves nowhere to hide
USA | 15 May 2019

Senate Bill 121 has amended New Jersey's longstanding Law Against Discrimination to prohibit any contractual provision that conceals "the details relating to a claim of discrimination, retaliation, or harassment". Notably, the new law applies to all existing and future agreements, except collective bargaining agreements. The law also preserves the enforceability of certain restrictive covenants, including non-competition agreements and provisions protecting confidential and proprietary information.

Who's the boss? US DOL attempts to clarify joint employment rule under Fair Labour Standards Act
USA | 08 May 2019

The Department of Labour has issued proposed revisions to the definition of 'joint employer' under the Fair Labour Standards Act in order to clarify the joint employer relationship. The joint employment rule allows multiple employers to be responsible for paying hours worked by a shared employee under certain circumstances.