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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 In-House 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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