Arbitration Clauses Frequently Misunderstood, Poorly Drafted

Arbitration continues to serve as a popular forum for resolving construction-related disputes, but unfortunately, clauses compelling arbitration frequently are poorly drafted and misunderstood by the parties involved. Each state’s laws compelling arbitration are unique and continue to evolve, especially when it comes to compelling arbitration by non-signatories to the arbitration agreement itself. For example, in May 2017, the United States Supreme Court overturned a state-court opinion, ruling that an attorney-in-fact could waive the right to a jury trial on behalf of a decedent even where state law otherwise conveyed to the decedent a “God given right” to a jury trial. In Kindred Nursing C

Surviving the First Minutes of an OSHA Inspection!

Early one morning, an OSHA Compliance Safety & Health Officer arrives unannounced at your place of business requesting an immediate inspection of your workplace, interviews of your employees and a review of safety-related documentation. In ideal circumstances, the OSHA inspection would proceed immediately, and in an orderly fashion, to an opening conference where a management representative would (1) inspect the search warrant or employee complaint, if any, (2) decide whether to allow the inspection, and (3) discuss the scope of the inspection. As many employers can attest, not all OSHA inspections begin under such ideal circumstances. The Compliance Officer may arrive at the workplace at a

Are Workplace Recording Bans Legal?

Smart phone technology, and the ability of video and audio recordings to be uploaded to social media sites, has prompted many employers to adopt rules regulating the surreptitious recording of workplace interactions. The “no recording” rule adopted by Whole Foods Market Group, Inc. is a common example: “It is a violation of [Company] policy to record conversations, phone calls, images or company meetings with any recording device (including but not limited to cellular telephone, PDA, digital recording device, digital camera, etc.) unless prior approval is received from [management], or unless all parties to the conversation give their consent. Violation of this policy will result in correct

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