Jill Rosenberg

Jill Rosenberg

Orrick, Herrington & Sutcliffe LLP

Contact  |  View Bio  |  RSS

Latest Publications


Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to Retaliation Claims and to Low-Level Employees

The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more

9/23/2016 - Adverse Employment Action Cat's Paw Hiring & Firing Retaliation Sexual Harassment Title VII

Final Fair Pay Rules Are Here: Contractors Face Complex Requirements and Challenges with New Reporting Obligations

The federal government released the final regulations implementing the Fair Pay and Safe Workplaces Executive Order (“EO” hereafter) this week. The regulatory package contains two parts: amendments to the Federal Acquisition...more

8/29/2016 - Disclosure Requirements DOL Executive Orders Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors Final Rules Labor Law Violations

SEC Bounty Hunters Take Heart: SEC Fines Company $265,000 for Using Severance Agreements That Provided a Waiver of any Monetary...

Wednesday, the SEC announced that an Atlanta-based company, BlueLinx Holdings, is settling charges that its severance agreements contained provisions that in its view might impede employees from communicating directly with...more

8/12/2016 - Civil Monetary Penalty Confidential Information Dodd-Frank Employment Contract Rule 21F SEC Securities Exchange Act Securities Violations Severance Agreements Unfair Labor Practices Waivers Whistleblower Awards Whistleblower Protection Policies Whistleblowers

Court-Sanctioned Employee Theft? Self-Help Discovery May Be Protected Activity In Discrimination Cases

Recently in Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., No. SJC-11901, 2015 WL 10937776 (Mass. May 31, 2016), the Supreme Judicial Court of Massachusetts held, as a matter of first impression, that...more

6/16/2016 - Anti-Retaliation Provisions Corporate Counsel Gender Discrimination Protected Activity Sarbanes-Oxley Title VII

Securities Industry Employment Arbitration

In the securities industry, the majority of all employment disputes are resolved through binding arbitration. This mandatory arbitration system is managed through a unique industry forum under the self-regulatory entity...more

5/27/2016 - Arbitration Arbitration Awards EEOC Employment Discrimination Financial Institutions Financial Sector FINRA Mandatory Arbitration Clauses Securities Whistleblowers

Digging Into the New Overtime Regulations

In 2015, the Department of Labor (“DOL”) proposed substantial changes to the minimum salary level requirements, sought input on whether bonuses and incentives should be included in meeting the salary level test and considered...more

5/23/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

New York State and New York City Pass Landmark Employment Legislation: Will 2016 Be “The Year of the Worker”?

After agreeing last week on a 2016-17 Executive Budget that includes several key labor and employment provisions, New York State Independent Democratic Caucus Leader Jeffrey Klein declared that “[t]his truly is the Year of...more

4/7/2016 - Employment Discrimination FMLA Human Rights Minimum Wage NYCHRL Paid Family Leave Insurance Program Sexual Orientation Discrimination Wage and Hour

Protection for LGBT Workers on the Rise: EEOC Files First Title VII Lawsuits Alleging Sexual Orientation Discrimination

Earlier this month, the EEOC filed its first lawsuits against employers alleging sexual orientation discrimination under Title VII, arguing that Title VII’s protections extend to sexual orientation as a form of gender bias....more

3/16/2016 - EEOC Employer Liability Issues Gender Discrimination LGBT Sexual Orientation Discrimination Title VII

Financial Services and Technology Companies Beware: The U.S. Office of Federal Contract Compliance Has A Target on Your Back

The President released his 2017 budget this week. Budgets are aspirational documents that Congress rarely implements in full. The current acrimony between Congress and the Administration ensures that the President’s 2017...more

2/11/2016 - Employment Discrimination Federal Budget Federal Contractors Financial Services Industry OFCCP Regional Centers Technology Sector

New York City Commission on Human Rights Will “Vigorously Enforce” New Legislation to Protect Caregivers From Employment...

On January 5, 2016, New York City Mayor Bill de Blasio signed a bill that added “caregiver” to the list of protected classifications under the New York City Human Rights Law. The law, which takes effect on May 4, 2016, seeks...more

1/14/2016 - Caregivers Employment Discrimination New Legislation NYHRL

Leading the Way on Transgender Rights in NYC: City Commission on Human Rights Issues Detailed Enforcement Guidance

On December 21, 2015, the New York City Commission on Human Rights (Commission) issued Legal Enforcement Guidance (Guidance) clarifying New York City’s prohibitions against discrimination on the basis of gender identity and...more

12/31/2015 - Corporate Counsel Employee Restrooms Employment Discrimination Gender Discrimination Gender Identity NYCHRL Reasonable Accommodation Transgender

All Aboard: New York City Enacts Commuter Benefits Law

In the latest in a series of laws directed at New York City employers, effective January 1, 2016 non-governmental employers with 20 or more full-time non-union employees in New York City are obligated to provide full-time...more

12/22/2015 - Collective Bargaining Agreements (CBA) Commuter Tax Benefits Employee Benefits

The Commission Speaks: Guidance for Employers Regarding the New York City Fair Chance Act

On June 29, 2015, New York City Mayor Bill de Blasio signed into law the Fair Chance Act (the “Act”), which prohibits employers from inquiring into the criminal backgrounds of certain job applicants in the initial stages of...more

11/23/2015 - Best Practices Criminal Background Checks Employment Discrimination Fair Chance Act Hiring & Firing

New York State Expands Equal Pay Law and Other Workplace Protections for Women

On October 21, 2015, New York State Governor Andrew Cuomo signed a group of eight bills, referred to as the Women’s Equality Agenda, which expand protections for women in the workplace and elsewhere in New York State. The...more

10/27/2015 - Compliance Corporate Counsel Employment Discrimination Equal Pay Fair Pay Act Family Status Discrimination New Legislation Pay Equity Act (PEA) Pay Transparency Pregnancy Pregnancy Discrimination Reasonable Accommodation Transparency Directive Wage and Hour

Time To Pay Up? California Adopts Stronger Equal Pay Protections

With Governor Jerry Brown’s signature, California officially amended its equal pay legislation through the California Fair Pay Act (the Act) to include more employee-friendly provisions. The Act, which now creates the...more

10/21/2015 - Anti-Retaliation Provisions Equal Pay Fair Pay Act Gender-Based Pay Discrimination New Legislation Wage and Hour

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 Institutions 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 Confidential Information 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

55 Results
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.