McMahon Berger

Contractual just cause provision trumped last chance agreement

Normally last chance agreements (LCA) are binding in arbitration, but the 8th U.S. Circuit Court of Appeals reversed the district court and enforced an arbitrator’s decision that an LCA did not provide the employer just...

McMahon Berger

Pay Secrecy Measures Are Recovering Old Ground

In early April, President Obama signed an Executive Order prohibiting federal contractors from retaliating against employees for discussing their pay.  Policies that prohibit employees from talking about pay are called “Pay Secrecy” policies.  This move...

McMahon Berger

Does My 401(k) Plan Really Have to Provide Religious Accommodation?

With the increase of claims of devout religious observance, the impact of individuals’ religious observance is being seen throughout the workplace.  Employers have been required to modify dress codes, grooming and appearance standards and scheduling...