Mark Neuberger

Mark Neuberger

Foley & Lardner LLP

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Latest Publications


BYOD and the Auto Industry: A Marriage Made in Heaven or Hell?

By all accounts, Bring Your Own Device (BYOD) to work is catching on like wildfire because virtually every American worker holds a device in the palm of their hand which is faster and more powerful than some of the most...more

9/9/2014 - Automotive Industry Bring Your Own Device Data Protection Employer Liability Issues

Employers Are Not Going to "Like" This NLRB Decision on Social Media

The National Labor Relations Board (“NLRB”) has issued yet another decision which should cause all employers, even those without unions, to think very carefully before disciplining any employee for their actions on social...more

9/3/2014 - Employee Rights NLRA NLRB Social Media Social Media Policy

Bring Your Own Device Doesn't Mean Bring in Security Breach

Bring-Your-Own-Device (“BYOD”) policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely. However, when implementing any BYOD policy there are...more

8/18/2014 - Bring Your Own Device Data Breach Data Protection Popular

Federal Contractor Section 503 and VEVRAA Compliance Solution

Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners. The federal government spends more than $500...more

7/15/2014 - Affirmative Action Chief Compliance Officers Enforcement Equal Opportunities Federal Contractors OFCCP Rehabilitation Act Subcontractors Training VEVRAA

But We Cut a Settlement and They Agreed to It!?!

As we have previously noted, employers are increasingly resorting to arbitration agreements, waivers and releases and other strategies in an attempt to limit liability in employment matters and reduce or eliminate the risk...more

7/2/2014 - Barack Obama DOL Employer Liability Issues Executive Orders FLSA Hiring & Firing Settlement

Advanced Manufacturing Requires Next-Generation Employees

Last week, Scott Kaspar addressed the “skills gap” that concerns high-tech manufacturers with state-side production facilities. But manufacturers need employees with more than mere technical skills. Workers should be able to...more

6/5/2014 - Big Data DOL EEOC Manufacturers Recruitment Incentives Training UGESP

What's the One Thing Missing from Most Employee Handbooks?

In your experience, what's the one thing most employers overlook when putting together an employee handbook? The answer to that question depends on whom you ask - and, for a legal perspective, we put it to leading employment...more

10/16/2013 - Confidentiality Disability Employee Handbooks FMLA Hiring & Firing Legal Perspectives Non-Solicitation Agreements Reasonable Accommodation Religion Social Media Policy Termination

How (Not) to Terminate an Employee

One of the most difficult things a business owner, investor or manager will ever have to do is to terminate someone’s employment. While it is always “bad” for the employee who is getting fired, delivering the bad news can be...more

10/14/2013 - Hiring & Firing Termination

Got a Granny? Minimum Wage and Overtime Premium Extended to In-Home Companions

In a long anticipated move, the U.S. Department of Labor (DOL) recently announced that it will issue a final regulation that will extend the minimum wage and overtime premium protections afforded by the Fair Labor Standards...more

9/24/2013 - DOL Employee Rights FLSA Home Health Care Minimum Wage Unpaid Overtime

Health Care Providers Beware — You May Be a Governmental Contractor

Executive Order 11246 (Order) was first issued in September 1965 by President Johnson. Its purpose was to prohibit race, religion, color, and national origin discrimination by federal contractors and subcontractors and...more

4/12/2013 - Affirmative Action Contractors Healthcare HMOs Hospitals OFCCP

Covenants Not to Compete: Yes, They Can Be Enforceable

Attorneys are often asked by both employers and executives, “Are these non-competes even enforceable?” In most states, the answer is “yes,” provided they are done correctly....more

1/23/2013 - Employment Contract Non-Compete Agreements

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