Joshua Naylor

Joshua Naylor

Orrick, Herrington & Sutcliffe LLP

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“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

3/4/2015 - ADA Discrimination Employer Liability Issues Employer Mandates FMLA Military Service Members PTSD USERRA

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

12/23/2014 - Discrimination Employer Liability Issues Military Service Members USERRA Veterans

Shake It Off: Employer Misclassification of Exotic Dancers under the Fair Labor Standards Act

Recently, there’s been a wave of Fair Labor Standards Act (“FLSA”) rulings adverse to employers in the adult entertainment industry. Early this year, a Southern District of New York judge approved an $8 million settlement for...more

12/3/2014 - Adult Entertainment Class Action Corporate Counsel Employer Liability Issues Entertainment Industry FLSA Independent Contractors Misclassification

From D-Day to Afghanistan: Honoring Our Veterans by Reemploying Them

Seventy years ago, on June 6, 1944, the Allies’ liberation of Europe began with D-Day. Anyone who has had the privilege to travel to Saint-Laurent-sur-Mer in France and walk Omaha Beach and the surrounding area is struck by...more

7/2/2014 - Employee Rights Employer Liability Issues Hiring & Firing USERRA Veterans

NEW MASSACHUSETTS BILL: Promoting “Growth And Opportunity” Or Poisoning The Business Environment?

On April 10, 2014, Massachusetts Governor Deval Patrick proposed a bill entitled “An Act to Promote Growth and Opportunity.” Under this lengthy bill, Massachusetts would finally adopt the Uniform Trade Secrets Act, to which...more

4/24/2014 - Non-Compete Agreements Uniform Trade Secrets Acts

Strippers and the Fair Labor Standards Act: Lessons for All Employers

Late last month, in the Southern District of Florida, adult entertainers at several Rick’s Cabaret locations filed a lawsuit alleging that they were improperly categorized (and thus improperly compensated) as independent...more

1/22/2014 - Compliance Employer Liability Issues FLSA Independent Contractors Misclassification

Court Requires Employer To Pay Legal Fees Of Ex-Employee Charged With Trade Secret Theft

On October 16, 2013, a federal judge in New Jersey ruled that Goldman Sachs must advance the legal fees of a former employee charged with stealing Goldman’s source code. The order is the latest twist in a case that...more

12/13/2013 - Aleynikov Attorney's Fees Goldman Sachs Source Code Theft of Trade Secrets Clarification Act Trade Secrets

Thank You for Your Service: The Broad Protections Granted to Members of the U.S. Military Returning to the Civilian Workforce

Images of American flags and proud men and women in uniform were all around last month, as they are every Memorial Day. It is a good time to reflect on the military service of so many of our fellow citizens....more

6/19/2013 - FMLA Job Promotions Military Service Members Statute of Limitations Veterans

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

6/12/2013 - Administrative Review Board Hiring & Firing Protected Activity Sarbanes-Oxley Whistleblower Protection Policies Whistleblowers

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