Photo of Clarence Webster III

Clarence Webster has represented and advised a broad range of clients in a variety of matters, including financial services litigation, products liability and mass torts litigation, labor and employment matters, and appellate litigation. Clarence has participated in cases venued in federal and state trial and appellate courts in Mississippi, Tennessee, Florida, Louisiana, Arkansas, Illinois, California, Wisconsin, Delaware, West Virginia, Kentucky, and Alabama. View articles by Clarence.

No Hate to Arbitrate?  EEOC Changes Stance on Arbitration AgreementsCan you require employees to sign arbitration agreements? After more than 20 years of saying no, the EEOC has reversed its policy and says you can.

Background

In 1997 the EEOC issued the Policy Statement on Mandatory Binding Arbitration of Employment Discrimination Disputes as a Condition of Employment (the Policy Statement), setting forth its position.

“Open” Might Not Mean Open: How FMLA May Affect a Position’s AvailabilityDoes a position that a company is holding for an employee out on FMLA leave an “open position” as contemplated by the Americans with Disabilities Act? In Maxwell v. Washington County, a Mississippi federal district court said the short answer is “no.”

Background

The FMLA requires a covered employer to return an eligible employee

But We Tried to Do It Right! Stand-Alone Misclassification of Independent Contractor May Not Be a ViolationRecently, the National Labor Relations Board (NLRB) issued another pro-employer decision, resolving an issue at the forefront of employment law, independent contractor classification.  In Velox Express, Inc. and Jeannie Edge, the NLRB determined that misclassification of an employee as an independent contractor alone does not violate the National Labor Relations Act (NLRA).

Background

Velox