One of our Partners, Bryan Faller, added an interesting post to our Employer Law Report blog today we thought you might find of interest.
In United States Supreme Court: A Challenge To The Enforceability Of A Non-Competition Agreement Must Be Presented To The Arbitrator, And Not A Court, If The Contract Contains An Arbitration Provision, Bryan covers the Nitro-Lift Technologies, L.L.C. v. Howard case and its implications for employers. Nitro-Lift Technologies, L.L.C. provides services to operators of oil and gas wells that enhance production of those natural resources. The U.S. Supreme Court held that if a contract contains an arbitration provision and there is a challenge to the validity of the contract, it is for the arbitrator and not a court to hear that challenge. The case is important for employers because the challenge was to the validity of a non-competition agreement. Given the industry and nature of the matter, we wanted to bring the post to your attention.