In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more
The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would...more
Background -
The United States Equal Employment Opportunity Commission (EEOC) on May 12, 2022, issued a series of questions and answers that address how employer use of artificial intelligence (AI), algorithms, and...more
On November 5, the Biden-Harris Administration published an emergency regulation, the Omnibus COVID–19 Health Care Staff Vaccination Rule, requiring staff at covered health care facilities to be vaccinated against COVID-19...more
11/11/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Health and Safety ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more
1/7/2020
/ Arbitration ,
Auer Deference ,
Collective Bargaining ,
Confidentiality Policies ,
Dues Checkoff ,
Email Policies ,
Internal Investigations ,
NLRA ,
NLRB ,
Purple Communications ,
Reversal ,
Section 7 ,
Unfair Labor Practices ,
Union Dues ,
Union Elections ,
Union Insignia ,
Unions
A sharply divided U.S. Supreme Court decided one of the most highly anticipated employment cases in recent years on May 21, 2018, holding in Epic Systems Corporation v. Lewis that the National Labor Relations Act (“NLRA”)...more
5/23/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
NLRB ,
Preemption ,
Savings Clause ,
SCOTUS ,
Section 7
In the wake of a strong public reaction to the “Time’s Up” and “#MeToo” movements, states across the country are enacting legislation aimed at expanding and bolstering sexual harassment and discrimination protections in the...more
5/16/2018
/ #MeToo ,
Anti-Harassment Policies ,
Confidentiality Policies ,
Employee Training ,
Employment Contract ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Non-Employees ,
NYHRL ,
Posting Requirements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
Abandonment of Controversial Standards for Joint Employment and Review of Employer Policies Headline Slew of Changes -
Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor...more
1/10/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Employment Policies ,
Joint Employers ,
NLRA ,
NLRB ,
Obama Administration ,
Protected Concerted Activity ,
Reversal ,
Section 7 ,
Social Media Policy ,
Trump Administration
Companies doing business in the U.S. invariably encounter a legal system and employee relations laws that differ in many significant respects from those in other countries. The sources of U.S. law come from the U.S. federal...more
4/27/2017
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Collective Bargaining ,
Confidentiality Agreements ,
Dispute Resolution ,
Employee Benefits ,
Employment Contract ,
Employment Policies ,
Hiring & Firing ,
Holiday Pay ,
International Labor Laws ,
Job Ads ,
Job Applicants ,
Medical Leave ,
Military Leave ,
Multinationals ,
Non-Compete Agreements ,
State Labor Laws ,
Vacation Leave ,
Wage and Hour
The U.S. Securities and Exchange Commission (“SEC” or the “Commission”) recently announced the settlement of two cease-and-desist proceedings against employers alleged to have unlawfully restricted employees’ rights to engage...more
8/19/2016
/ Cease and Desist ,
Confidentiality Agreements ,
Dodd-Frank ,
Enforcement Actions ,
Fines ,
Health Net ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Severance Agreements ,
Whistleblower Awards ,
Whistleblowers
In the U.S. National Labor Relations Board’s (NLRB) recent decision in Miller & Anderson, Inc., 364 NLRB No. 39 (July 11, 2016), the Board continued its expansion of the obligations of entities that do not directly employ...more
In a recent OnPoint, Dechert discussed the National Labor Relations Board’s controversial decision in Browning-Ferris Industries of California, Inc., in which the Board abandoned its long-standing joint employer test in favor...more
In a potentially game-changing decision in Browning-Ferris Industries of California, Inc., a three-member majority of the National Labor Relations Board (the “Board”) cast aside its long-standing joint employer test in favor...more
In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-cv-863 (N.D. Ill., February 7, 2014), the EEOC alleged that a severance agreement used by CVS Pharmacy, Inc. (“CVS”) violates Title VII of the Civil...more
To bring their full financial and operational expertise to portfolio companies, private equity firms frequently adopt an active approach to overseeing their investments. However, the greater a firm’s involvement in the...more
In recent years, the National Labor Relations Board (the “Board”) has waged a campaign against what it considers to be “overbroad” employer confidentiality policies. In dozens of decisions, the Board and administrative law...more
U.S. Supreme Court Decisions -
Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law -
In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more
8/16/2013
/ Adverse Employment Action ,
American Express v Italian Colors Restaurant ,
Anti-Discrimination Policies ,
Arbitration ,
Arbitration Agreements ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Harassment ,
McCutchen v. U.S. Airways ,
NLRA ,
NLRB ,
Notice Requirements ,
Oxford Health v Sutter ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University
Legislation -
Significant New Amendments to the Russian Labor Code -
During the first half of 2013, a number of amendments were introduced into the Russian Labor Code. These amendments relate to remote...more
8/14/2013
/ Advertising ,
CEOs ,
Discrimination ,
Hiring & Firing ,
International Labor Laws ,
New Legislation ,
Public Employees ,
Residency Status ,
Russia ,
Statute of Limitations ,
Temporary Employees ,
Work Permits
Legislation -
Law Against the Employment of Illegal Aliens Passed -
On December 21, 2012, the Luxembourg Parliament enacted a law against the employment of individuals illegally present in Luxembourg....more
8/13/2013
/ Collective Bargaining ,
EU ,
European Commission ,
Fixed-Term Labor Contracts ,
Insurance Industry ,
Leave of Absence ,
New Legislation ,
Notice Requirements ,
Proposed Legislation ,
Sports ,
Undocumented Immigrants ,
Unions ,
Wages
Legislation -
New Thresholds for Mini and Midi-Jobs are Established -
Beginning January 1, 2013 the earning thresholds for mini-jobs and midi-jobs have been raised from € 400 to € 450 for mini-jobs and from €...more
Legislation -
Interprofessional National Agreement and Law on Employment Security Passed -
On January 11, 2013, social partners at national level agreed to an interprofessional agreement “for a new economic and...more
Fees in Employment Tribunals -
In an effort to shift the burden of tribunal costs away from the taxpayer and to the parties using the service, the Employment Tribunals and the Employment Appeals Tribunal Fees Order...more
As China’s economy and role in the international markets grows, labor and employment law plays an increasingly important role in China. Indeed, in recent years, the number of labor disputes has skyrocketed and this trend is...more
In an Opinion authored by Justice Anthony Kennedy for a 7-1 majority, the United States Supreme Court in Fisher v. University of Texas at Austin, et al., allowed public colleges and universities to retain their affirmative...more
In This Issue:
- Supreme Court to Address “Changing Clothes” under the FLSA
- First Appellate Court Decision on FLSA’s Nursing Mother Provision
- Courts Continue Trend in Favor of Class Waivers in Arbitration...more
2/22/2013
/ Arbitration Agreements ,
Breastfeeding ,
Class Action Arbitration Waivers ,
Discrimination ,
Doffing ,
Donning ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
NLRB ,
Passwords ,
Pregnancy ,
Pregnancy Discrimination ,
Protective Gear ,
Recess Appointments ,
Social Media