Dianne Rose LaRocca

Dianne Rose LaRocca

DLA Piper

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Latest Publications


A ray of light? NLRB opines franchisor is NOT a joint employer

In an opinion that caught close observers by surprise – particularly given the contemporaneous statements from the National Labor Relations Board’s General Counsel at a Senate hearing on May 14 – the NLRB’s Division of Advice...more

5/28/2015 - Franchise Agreements Franchisors Joint Employers NLRB

New Jersey Supreme Court embraces worker-friendly test for determining employee or independent contractor status

Employers should note a recent decision from the Supreme Court of New Jersey regarding the proper test to apply when determining an individual’s status for purposes of the New Jersey wage and hour laws. The court chose to...more

1/23/2015 - Employee Definition Employer Mandates Independent Contractors New Regulations Sleepy's Wage and Hour

For whom the bell tolls: the changing joint employer standard and what it means for your business

The joint employer standard is changing rapidly, and businesses – among them franchisors and investors – need to be aware of the emerging landscape to protect their brands and their bottom lines. The most important...more

1/6/2015 - AutoZone Class Action DOL Franchise Agreements Franchises Joint Employers McDonalds NLRB Punitive Damages Successor Liability Supply Chain

Joint employer law: is the NLRB edging closer to the abyss? Takeaways from the Bloomberg webinar

Last week, Bloomberg BNA presented a webinar titled “The Current State of Joint Employer Law: How Can Both Employers and Unions prepare for the Future?” The three presenters were Barry Kearney, National Labor Relations...more

10/27/2014 - CNN Employer Liability Issues Franchises Joint Employers McDonalds NLRB Webinar

Employment Fissuring in Franchising: NLRB pursues McDonald's

On July 29, the General Counsel (GC) of the National Labor Relations Board (NLRB) announced that, absent settlement, he has directed the issuance of complaints in 43 unfair labor practice (ULP) cases, alleging that McDonald’s...more

8/4/2014 - Employer Liability Issues Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

NLRB will focus on injunctions in successor cases: for potential buyers, 6 questions about their labor obligations

In another move to increase its relevancy and efficacy in the workplace, the National Labor Relations Board has indicated that it intends to focus on seeking injunctions in successor cases. Section 10(j) of the...more

6/4/2014 - Injunctions NLRA NLRB Successor Liability Successors

Why Private Equity Funds Face Employment Risks

Suddenly, the advance sheets show a wave of litigation targeting private equity funds. See, e.g., Guippone v. BH S&B Holdings LLC, 737 F3d. 221 (2d Cir. 2013) (private equity funds potentially liable for WARN Act liability);...more

5/30/2014 - Bylaws Corporate Governance FLSA General Partnerships Limited Liability Companies Limited Partnerships Multiemployer Plan NLRB Partnerships Pensions Private Equity Private Equity Funds Title VII WARN Act

New York City employers: On April 1 – were you in compliance with the Earned Sick Time Act?

As of yesterday, the New York City Earned Sick Time Act requires almost all New York City employers to provide employees with up to 40 hours of sick leave each year. ...more

4/2/2014 - Employee Rights Paid Leave Sick Leave

Bespoke Tailoring Or Off-The-Rack Misfits For Arbitration Systems?

Much has been written following the Supreme Court’s decisions in AT&T Mobility LLC v. Concepcion, 563 U.S. ____, 131 S. Ct. 1740 (2011); Oxford Health Plans, LLC v. Sutter, 569 U.S. ____, 133 S. Ct. 2064 (2013); and American...more

10/14/2013 - Arbitration Arbitration Agreements AT&T AT&T Mobility AT&T Mobility v Concepcion Employment Contract Oxford Health Oxford Health v Sutter

“Off-the-clock” security checks and the Fair Labor Standards Act – what companies need to know

The practice of conducting unpaid security checks of employees at their workplaces is under fire across the country. Many employers have been hit with class action suits seeking to test the legitimacy of this practice under...more

8/22/2013 - Class Action Compliance Employer Liability Issues FLSA Security Wage and Hour

NJ SAFE Act gives up to 20 days of unpaid leave to employees victimized by domestic or sexual violence – takes effect October 1,...

New Jersey Governor Chris Christie has signed the New Jersey Security and Financial Empowerment Act (NJ SAFE Act) into law, with an effective date of October 1, 2013. ...more

7/28/2013 - Domestic Violence SAFE Act Sexual Abuse Unpaid Leave

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