Jill Rosenberg

Jill Rosenberg

Orrick, Herrington & Sutcliffe LLP

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NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on...more

10/7/2015 - Credit History Enforcement Guidance Exempt-Employees Financial Sector FINRA Hiring & Firing National Futures Association NFA NYCCHR NYCHRL Police SCDEA Self-Regulatory Organizations SRO

Second Circuit Speaks: No Private Settlements of FLSA Actions

In Cheeks v. Freeport Pancake House, Inc., the Second Circuit held that without the approval of a district court or the U.S. Department of Labor, parties cannot secure a stipulation of dismissal with prejudice of an FLSA...more

8/12/2015 - Corporate Counsel Dismissal With Prejudice DOL FLSA Liquidated Damages Settlement Agreements Unpaid Overtime Wage and Hour

Lawyers Entitled to Overtime Pay? Maybe So When Not “Practicing Law”

The Second Circuit revived an FLSA collective action filed by Michael Lola, an attorney licensed to practice law in California, who for fifteen months performed document review services for Skadden Arps, Slate, Meagher & Flom...more

7/27/2015 - Federal Rule 12(b)(6) FLSA Unpaid Overtime Wage and Hour Young Lawyers

“Unpredictable and Potentially Messy”?: NLRB Ruling Could Complicate Employers’ Workplace Investigations

In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No. 32-CA-063475) (“Piedmont...more

7/15/2015 - Anheuser-Busch Confidentiality Hiring & Firing NLRB Piedmont Gardens Popular SCOTUS Unions Witness Statements Workplace Investigations

Show Me the Money: DOL Proposed Regulations Dramatically Expand Overtime Eligibility for White Collar Employees

After months of talk and speculation about new overtime regulations, on June 30, 2015, the United States Department of Labor (“DOL”) issued its proposed rule and request for comments on its “white collar exemption”...more

7/2/2015 - DOL FLSA Minimum Salary Unpaid Overtime Wage and Hour White-Collar Exemptions

New York City “Bans the Box”—Inquiries Into Applicants’ Criminal Histories Now Significantly Restricted

On June 10, 2015, the New York City Council passed the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of applicants in the initial stages of the employment application...more

6/15/2015 - Ban the Box Best Management Practices Criminal Background Checks Criminal Records Discrimination Employer Liability Issues Enforcement Hiring & Firing Job Applicants Local Ordinance NYCHRL Screening Procedures

Is the EEOC Rushing Your Company to Court? SCOTUS Says Not So Fast

The U. S. Supreme Court unanimously ruled on April 29 that courts can review whether the EEOC has satisfied its obligation under Title VII to conciliate before running to court. Title VII dictates that when the EEOC believes...more

5/5/2015 - Conciliation EEOC Enforcement Actions Judicial Review Mach Mining v EEOC SCOTUS Title VII

New York City Council Passes Ground-Breaking Legislation Limiting the Use of Credit Checks in Employment

On April 16, 2015, the New York City Council, by a vote of 47-3, approved legislation that would prohibit the use of credit checks in employment decisions except in limited circumstances. The bill, which is expected to be...more

4/20/2015 - Broker-Dealer Credit Checks Employee Credit Checks Exceptions FCRA Hiring & Firing Human Resources Professionals Law Enforcement Municipalities New Legislation

Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into Mental Health

As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy. These questions...more

4/9/2015 - Airlines Best Management Practices Corporate Counsel Employer Liability Issues Medical Examinations Mental Health Pre-Employment Health Screenings

SEC Makes Good on Its Promise to “Un-Muzzle” Employees from Cooperating in SEC Investigations

In a much-anticipated move, the SEC on April 1, 2015 commenced a cease-and-desist action against KBR (formerly Kellogg Brown & Root) alleging its confidentiality agreements violated Dodd-Frank’s whistleblower regulations. KBR...more

4/3/2015 - Confidentiality Agreements Contract Terms Enforcement Actions KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

In the Nick of Time: Governor Cuomo Approves Repeal of Annual Wage Notices

As employers in New York were gearing up for distribution of the annual wage notices in January 2015, Governor Andrew Cuomo finally signed the amendment to New York’s Wage Theft Prevention Act that was passed by the...more

1/2/2015 - Andrew Cuomo Annual Notices Notice Requirements Wage Theft Prevention Act

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

12/24/2014 - Accessibility Rules ADA Class Action Corporate Counsel DOJ Internet Retailers Mobile Apps Netflix Popular Public Accommodation Redbox Retailers Target Title III Website Accessibility

San Francisco Enacts Broad Protections for Employees of “Formula Retail” Establishments

On December 5, 2014, San Francisco enacted two ordinances, dubbed the “San Francisco Retail Workers’ Bill of Rights,” that will extend benefits to part-time retail and food service employees and require certain employers to...more


NLRB Reverses Course on Employer Email, Creating Presumptive Right of Employees to Use Work Email Systems for Union Organizing

In a game-changing 3-2 decision on December 11, the National Labor Relations Board (NLRB or Board) overruled its 2007 Register Guard decision, which upheld the right of employers to limit employee access to company email...more

12/16/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

The Split Deepens: New York District Court Holds Internal Reporting Not Protected Under Dodd-Frank

In Berman V. Neo@Ogilvy LLC, 1:14-cv-523 (Dec. 4, 2014), Judge Gregory Woods of the Southern District of New York dismissed a Dodd-Frank whistleblower retaliation claim on the ground that internal reporting is not protected...more

12/15/2014 - Dodd-Frank Internal Investigations Popular Retaliation Whistleblowers

Third Circuit Issues First Appellate Decision Compelling Arbitration of Dodd-Frank Whistleblower Claim

In Khazin v. TD Ameritrade, No. 14-1689, 2014 WL 6871393 (3rd Cir. Dec. 8, 2014), the Third Circuit affirmed a lower court’s decision compelling arbitration of a Dodd-Frank whistleblower retaliation claim. This is the first...more

12/12/2014 - Arbitration Arbitration Agreements Dodd-Frank Employment Contract Hiring & Firing Popular Retaliation Sarbanes-Oxley TD Ameritrade Whistleblowers Wrongful Termination

U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT...

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements an Executive...more

12/12/2014 - Contractors Discrimination DOL Equal Opportunities Federal Contractors LGBT OFCCP Sexual Orientation Discrimination

EEOC Gets Schooled: Court Expels Challenge to College’s Separation Agreements

For the second time in less than two months, a federal district court judge has dismissed a U.S. Equal Employment Opportunity Commission (EEOC) challenge to an employer’s separation agreement due to the agency’s failure to...more

12/8/2014 - ADEA Conciliation Corporate Counsel Dismissals EEOC Hiring & Firing Popular Separation Agreement

Global Employers: How Are You Managing Workplace Concerns About Ebola?

While the world moves quickly to contain the Ebola virus, businesses across the globe are scrambling to figure out how best to manage workplace concerns and protect their employees. But as employers develop their Ebola...more

11/12/2014 - CDC Ebola Popular Safety Precautions

EEOC Won’t Get its Prescription Filled at CVS: Case Challenging its Releases Granted Summary Judgment

On October 7th, a federal district judge granted summary judgment against the U.S. Equal Employment Opportunity Commission (EEOC) in its lawsuit against CVS. The EEOC had challenged the nation’s largest integrated provider of...more

10/14/2014 - Civil Rights Act CVS EEOC Employer Liability Issues Summary Judgment Title VII

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

10/3/2014 - Discrimination EEOC Equal Pay Act Port Authority Sex Discrimination Wages

It Might be Mechanical, But It’s Exempt: Court Dismisses Temp Document Reviewing Attorneys’ Overtime Collective Action

A district court in New York dismissed the putative collective action filed by a contract attorney who performed document review for Skadden, Arps, Slate, Meagher and Flom LLP (“Skadden”) for fifteen months. See Lola v....more

9/22/2014 - Contract Attorneys FLSA Putative Class Actions Unpaid Overtime

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

9/15/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

Obama Executive Order Places New Burdens and Restrictions on Federal Contractors

In an unwelcome, mid-summer surprise for the business community, President Obama signed the Fair Pay and Safe Workplaces Executive Order on Thursday July 31, 2014 requiring federal contractors to report violations of federal...more

8/6/2014 - Arbitration Contractors Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors Sexual Assault Sexual Harassment Title VII

A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job...more

6/25/2014 - Employer Liability Issues FLSA Unpaid Interns Volunteers Young Lawyers

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