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
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
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
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
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
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
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
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.
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
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
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