Julia Judish

Julia Judish

Pillsbury Winthrop Shaw Pittman LLP

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Your Employees’ Bad Behavior on Social Media Can Have Workplace Consequences

Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting...more

10/22/2015 - Employment Policies NLRA Popular Privacy Policy Right to Privacy Social Media Social Networks

The Changing Compensation Landscape for Government Contractors: New Executive Order Mandates Paid Sick Leave for Employees of...

Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors...more

9/25/2015 - Affirmative Defenses DOL Executive Orders Federal Contractors Government Contractors Paid Leave Paid Sick Leave Act Pay Secrecy Sick Leave Subcontractors Transparency

Department of Labor Says Most Workers Are Employees Under FLSA: Ultimate Test Is Economic Dependence

On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2015-1, adopting a very expansive interpretation of the definition of employees under the Fair Labor...more

7/24/2015 - Administrative Interpretation DOL Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Multi-Factor Test Wage and Hour

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

7/22/2015 - Affordable Housing Burden of Proof Disability Discrimination Discrimination Disparate Impact Fair Housing Act (FHA) Housing Developers Landlords Pleading Standards Property Managers Race Discrimination Reasonable Accommodation SCOTUS Standard of Review Tax Credits Texas Dept of Housing v Inclusive Communities Title VII Urban Planning & Development

Second Circuit Develops “Primary Beneficiary” Test to Evaluate Unpaid Internships

On July 2, 2015, the U.S. Court of Appeals for the Second Circuit adopted a “primary beneficiary” test for evaluating whether unpaid interns are employees for purposes of the Fair Labor Standards Act (FLSA). Rejecting a...more

7/11/2015 - FLSA Fox Searchlight Pictures Internships Misclassification Unpaid Interns

The U.S. Department of Labor Moves to More Than Double Minimum Salary Levels: Proposed changes may impact millions of exempt...

On July 6, 2015, the U.S. Department of Labor published a long-awaited Notice of Proposed Rulemaking (NPRM) to amend the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime...more

7/7/2015 - DOL Exempt-Employees FLSA Minimum Wage Over-Time Wage and Hour White-Collar Exemptions

New York City Bars Employers from Considering Criminal History before Extending a Job Offer

On June 29, 2015, Mayor de Blasio signed the Fair Chance Act, a new law that generally prohibits New York City employers from discriminating against job applicants with a criminal record and that prohibits inquiries about...more

7/2/2015 - Background Checks Ban the Box Conditional Job Offers Criminal Background Checks Employer Liability Issues Fair Chance Act FCRA Hiring & Firing Job Applicants

DOL Invites Comments on Requirement That Bidders Disclose Employment Law Violations

President Obama’s Executive Order 13673, called the Fair Pay and Safe Workplaces Order, uses the prospect of gaining or losing an edge in winning government contracts to provide a powerful incentive for employers to comply...more

6/26/2015 - Barack Obama Competitive Bidding Disclosure Requirements DOL Draft Guidance Employer Mandates Executive Orders Fair Pay and Safe Workplaces Federal Contractors Public Comment Public Procurement Policies

New York City Largely Bans Employers from Considering Consumer Credit History

On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to...more

5/11/2015 - Discrimination Employee Credit Checks Hiring & Firing NYCHRL

SEC Cracks Down on Confidentiality Provisions that Restrict Whistleblowers

On April 1, 2015, the Securities and Exchange Commission (“SEC”) announced an enforcement action and corresponding settlement arising out of an employer’s confidentiality agreement. The SEC contended that the agreement...more

4/6/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) SEC Whistleblower Protection Policies Whistleblowers

The Legal Landscape Rapidly Changes for D.C. Employers

District of Columbia employers now face and are soon to face a number of new laws affecting a wide range of issues, including wage payments, recording of hours worked, pregnancy accommodations, concealed weapons in the...more


Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

11/25/2014 - Affordable Care Act Background Checks Criminal Background Checks EEOC Employer Liability Issues Health Care Providers HHS Hiring & Firing Hospitals Job Applicants Physicians

The ADA and Private Professional Certification

Title III of the Americans with Disabilities Act (ADA), as amended, mandates that private entities offering examinations or courses related to certain applications, licensing, certification, or credentialing ensure that such...more

8/7/2014 - ADA Credentialing DOJ For Profit Education Licenses Title III

New EEOC Developments Expand Employers’ Pregnancy Accommodation Obligations

For the first time in more than 30 years, on July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) overhauled its guidance on pregnancy discrimination issues—broadening anti-discrimination coverage and...more

7/30/2014 - ADA Disability EEOC Employee Rights Pregnancy Pregnancy Discrimination Reasonable Accommodation

Government Contractors Face Expanded Affirmative Action Requirements

As its landmark initiative, the Obama Administration’s Office of Federal Contract Compliance Programs (“OFCCP”) issued expansive new regulations requiring government contractors to undertake greater efforts to employ...more

3/24/2014 - Affirmative Action Disability Federal Contractors OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

New York’s Non-Profit Revitalization Act

The New York Non-Profit Revitalization Act of 2013 (the “Act”) was signed into law December 18, 2013, and the bulk of its provisions will take effect July 1, 2014. As we reported in our previous alert on the subject, the...more

1/21/2014 - Audits Board of Directors Compliance Conflicts of Interest Non-Profits Whistleblowers

Impact of Supreme Court Pro-Employer Title VII Decisions Blunted by State Laws

On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more

7/9/2013 - But For Causation Causation Civil Rights Act EEOC Employer Liability Issues Harassment SCOTUS State and Local Government Supervisors Title VII UT Southwestern Medical v Nassar Vance v. Ball State University

Employers May Be Able to “Pick Off” Named Plaintiffs in FLSA Collective Actions

In its April decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court buttressed employers’ efforts to “pick off” named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards...more

5/2/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness

Hospitals Face Mandatory Affirmative Action Obligations Incorporated by Operation of Law Into Their Federal Subcontracts

In UPMC Braddock v. Harris, the U.S. District Court for the District of Columbia upheld the U.S. Department of Labor’s Arbitration Review Board decision treating hospitals as government subcontractors subject to the equal...more

4/23/2013 - Affirmative Action DOL Federal Employees Healthcare HMOs Hospitals Subcontractors

Federal Court Sets Guidelines for Denying Attorney-Client Privilege on Communications

Hiring a lawyer for a general counsel role – either in-house or by retaining outside counsel to perform that role – can benefit organizations in countless ways. Unlike outside attorneys who are consulted on a piecemeal basis,...more

3/12/2013 - Attorney-Client Privilege Business Advice Corporate Counsel Legal Advice

EEOC Takes Aim at Employee Releases That Bar Assisting Others With Their Own EEOC Charges

Employers have routinely asked employees who sign separation or settlement agreements to agree that they will not encourage or assist other employees in filing lawsuits or charges, subject to the caveat that the employee may...more

2/8/2013 - EEOC Employee Releases Settlement

Given Recent NLRB Decisions Finding Standard Confidentiality Policies Unlawful, Employers Should Review and Update Their Policies

On January 8, 2013, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a proprietary/confidential information provision in Quicken Loan’s employment agreement with its mortgage banker employees...more

1/23/2013 - NLRA NLRB Protected Concerted Activity Section 7

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