contract

Breaking: Connecticut Supreme Court Finds A Bonus Can Constitute "Wages", in the Right Case

Daniel Schwartz
August 23, 2010 19:00

Back in June, the Connecticut Supreme Court issued its decision in Ziotas v. The Reardon Law Firm -- a significant ruling because it found that where a bonus is discretionary and is not ascertainable by applying a formula, it did not constitute "wages".  I talked about the case in a...

Ninth Circuit Rejects Texas Choice of Law Provision in Independent Contractor Agreement

July 21, 2010 18:46

The Ninth Circuit Court of Appeals recently rejected a Texas corporation’s argument that drivers who performed services for the company were independent contractors—and therefore not subject to the requirements of the California Labor Code—because their contracts with the company...

Court Holds that Anti-Solicitation Provision of Former Employee Not Violated "Indirectly" By New Employer

Daniel Schwartz
July 19, 2010 12:23

  My colleague, Jonathan Orleans, chips in this week with a guest post on a recent Connecticut case about some of the restrictions that employers try to place on departing employees: Post-employment covenants not to compete and not to solicit frequently include language that prohibits the...

New Second Circuit Decision Takes Some of the "Judgment" Out of the "Business Judgment Rule", Particularly for Union-Related Matters

Daniel Schwartz
July 13, 2010 13:06

Let the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision is more important for a different reason than highlighted in the press: The Court has weakened one of the...

Do the New EU Processing Clauses Apply to You?

June 11, 2010 05:03

A new set of EU standard contract clauses  (“SCCs” or “model contracts”) for processing European personal data abroad came into effect on May 15, 2010. Taken together with a recent opinion by the official EU “Article 29” working group on the concepts of...