Katherine H. Marques

Katherine H. Marques

Holland & Knight LLP

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NY DOL Hits Employers With New Year's Eve Salary Increases

The New York State Department of Labor on Dec. 28, 2016, adopted a rule requiring employers that employ individuals who do not receive overtime pay thanks to their classification as administrative or executive exempt...more

12/30/2016 - DOL Exempt-Employees Minimum Salary Minimum Wage Wage and Hour

Employers' Use of Independent Contractors Restricted by New Law and Court Decision

Employers nationwide and, in particular, those in New York City and New York state, should carefully consider their obligations to formalize policies concerning independent contractors based on New York City's Freelance Isn't...more

12/13/2016 - Employee Definition Employer Liability Issues Freelance Workers Hiring & Firing Independent Contractors Local Ordinance Misclassification Wage and Hour

State Supreme Court Protects Trade Secrets from Disclosure in Litigation

The Supreme Court of Texas recently ruled that a trial court erred in a hearing on a misappropriation of trade secrets claim. The lower court had summarily refused the plaintiff's request to exclude the designated corporate...more

5/31/2016 - Confidential Information Hiring & Firing Misappropriation Oil & Gas Trade Secrets TX Supreme Court

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

4/27/2016 - Beverage Manufacturers Class Action Deceptively Misdescriptive Disparagement Distributors FDA Food Commodities Food Labeling Franchise Laws Lenders Liens Loans NLRA NLRB Section 7 SNAP Program Statutory Trusts Suppliers USDA

Restaurant Forced to Rehire Employees Who Insinuated Food was Germ-Infested - Section 7 of the NLRA Guarantees Workers the Right...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when it disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

3/31/2016 - Employee Rights Facebook Fast-Food Industry Hiring & Firing Jimmy John's NLRA NLRB Protected Concerted Activity Retaliation Section 7 Wrongful Termination

D.C. Circuit Upholds NLRB's Continued Targeting of Workplace Rules

The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more

11/13/2015 - Employee Handbooks NLRA NLRB Unions Workplace Investigations

New York City Severely Limits Employers' Right to Background Checks - Recent Legislation "Bans the Box" and Forbids Credit Checks...

Employers in New York City (NYC) now face restrictions on the types of information they can seek about prospective employees, either through job applications, interviews, independent research or background checks. This is due...more

10/23/2015 - Background Checks Ban the Box Compliance Credit History Criminal Background Checks Discrimination Employment Discrimination Fair Chance Act FCRA Hiring & Firing Human Rights NYCHRL SCDEA

NLRB Delivers New Joint-Employer Standard - Decision Leaves Franchisors, Contractors, Parent Companies, and Other Employers...

The National Labor Relations Board (NLRB or Board), in a long-anticipated 3-2 decision along party lines, established a new and broader standard for determining whether two separate companies will be deemed joint employers...more

9/4/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchisee Franchisors Joint Employers NLRA NLRB Staffing Agencies Subcontractors Unions Wage and Hour

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

5/19/2015 - Anti-Harassment Policies Confidentiality Policies Corporate Counsel Discrimination Employee Handbooks Intellectual Property Protection NLRA NLRB Section 7 Section 8(a) Trademarks Unfair Labor Practices Unions Willful Misconduct

NLRB Forces Restaurant to Allow Posters Insinuating Germ-Infested Food - Section 7 of the National Labor Relations Act Guarantees...

The Jimmy John's sandwich franchise must have been surprised to learn that it had violated federal labor law when its disciplined employees who had posted hundreds of signs around its outlets suggesting that its sandwiches...more

9/12/2014 - Employee Rights NLRA NLRB Restaurant Industry Unions

New York City Sick Leave Law Expanded Prior to April 1, 2014, Effective Date

New York City's Earned Sick Time Act – which requires most of the city's private employers to provide paid or unpaid sick leave to employees – takes effect on April 1, 2014. The Earned Sick Time Act has already been expanded....more

3/6/2014 - Municipalities Sick Leave

SOX Whistleblower Protection Expanded by a Federal Appeals Court

A federal appeals court recently made it substantially easier for plaintiffs to assert claims that they were fired for "whistleblowing" activity protected by the Sarbanes-Oxley Act ("SOX"). In Wiest v. Lynch, 2013 WL 1111784...more

4/8/2013 - Misrepresentation Publicly-Traded Companies Sarbanes-Oxley Shareholders Whistleblower Protection Policies Whistleblowers Wiest v Lynch

It’s Getting Harder to Say Goodbye

The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules...more

1/21/2013 - Collective Bargaining NLRA NLRB Repudiation Unions

Out-Of-Office Smartphone Use: Risks For Employers

The proliferation of smartphones and personal digital assistants has afforded many American workers the ability — for good or ill - to stay connected to their work when they are not actually in the workplace. This allows...more

9/10/2012 - FLSA Over-Time Smartphones T-Mobile

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