McMahon Berger

Labor & Employment Forum hosted by McMahon Berger, P.C. – Wednesday, October 1, 2014

As a continuing service, McMahon Berger, P.C. is proud to present a series of programs to assist in the training and education process that many employers have long established and that Courts (and juries) now...

McMahon Berger

Missouri Supreme Court Invalidates Arbitration Agreement and Casts Doubt on Whether Continued Employment Constitutes Sufficient Consideration in Non-Compete Agreements

Late last month, the Missouri Supreme Court ruled in Baker v. Bristol Care that continued employment was insufficient consideration for enforcing an arbitration agreement.  The decision casts doubt on some arbitration agreements many employers have...

McMahon Berger

NLRB Continues to Broaden its Reach Over Non-Union Employers

In Fresh & Easy Neighborhood Market, Inc., 361 NLRB No. 12 (2014), the National Labor Relations Board (“NLRB”) considered whether an employee’s solicitation of assistance from her co-workers in raising sex harassment claims to her...

McMahon Berger

President Obama’s 2012 NLRB recess appointments were unconstitutional

Hundreds of National Labor Relations Board (NLRB) decisions now must be reconsidered, because the United States Supreme Court held President Obama’s 2012 NLRB recess appointments were unconstitutional.  Without the recess appointments, the Board lacked the...