Q We have an employee who has been out on workers' compensation for over a year now. Because he hasn’t worked for so long, is he still eligible to participate in our group benefits plan?

The Federal Arbitration Act (FAA) favors the enforcement of arbitration agreements, but employers can’t wait too long to compel arbitration. Courts often apply a contract "waiver" rule if employers sit on their rights too long (meaning the court finds a party waived its right to arbitrate if it failed to start the process soon enough). But some courts were applying a special rule requiring an additional demonstration that one party suffered prejudice (or harm) when the other didn’t compel arbitration soon enough. But is a showing of prejudice really necessary? The U.S. Supreme Court says no.

Our company has just taken pictures of key employees for use on social media, brochures, and elsewhere. Are we required to get consent before we use the pictures?