Michael Starr

Michael Starr

Holland & Knight LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

Court Draws Line Against Union Hotel Boycotts: National Labor Relations Act Bans "Secondary Boycotts"

A recent decision of the federal appeals court in Chicago gave hotel operators some welcome protection against union-organized boycotts arising from a labor dispute. In that case, 520 S. Michigan Ave. Associates, Ltd. v....more

8/22/2014 - Appeals Hotels Labor Disputes NLRB Secondary Boycott Strike Unions

The Labor Board Signals Change to the Joint-Employer Doctrine - The New NLRB Rule Will Likely Require Businesses to Bargain as to...

The National Labor Relations Board, on May 12, 2014, solicited amicus briefs on whether the board's current joint-employer standard should be changed. It is unmistakable that the Democratic majority on the board has its...more

5/30/2014 - Appellate Briefs Collective Bargaining Joint Employers NLRB

New York's Highest Court: Indefinite Leave Not Reasonable Under State Law, But Could Be Under NYC Law

In a decision that is both favorable to and disadvantageous for New York State employers, the New York Court of Appeals has ruled that indefinite leave is not a reasonable accommodation for persons with disabilities under the...more

11/5/2013 - Disability Disability Discrimination Reasonable Accommodation Undue Hardship Unpaid Leave

N.Y. Court of Appeals Allows Hospitality Industry Employer Broad Discretion in Mandatory Tip Pooling

In decision that is helpful to hospitality industry employers, the New York State Court of Appeals has given restaurants and other food outlets considerable flexibility in establishing mandatory tip pooling for service staff....more

8/2/2013 - Delegation of Discretion Hospitality Industry Managers Supervisors Tip-Pooling Tips

Court Upholds Management Deal with Union on Hotel Operations

In an important decision upholding the right of hotels to make pragmatic agreements with unions on hotel operations, the United States District Court for the Southern District of New York dismissed a claim brought by banquet...more

7/9/2013 - Contract Disputes Corporate Management Negotiations Unions

In Oxford Health, Supreme Court Requires Class-Wide Arbitration of an Individual Claim

In its recent decision in Oxford Health Plans LLC. v. Sutter, 569 U.S. ____ (2013), the U.S. Supreme Court confirmed that parties to an arbitration agreement still face the risk of class arbitration even if the agreement does...more

6/21/2013 - Arbitration Arbitration Agreements Class Action Contract Interpretation Federal Arbitration Act Oxford Health v Sutter Physicians SCOTUS

New York City’s New Far-Reaching "Unemployment" Discrimination Law

On June 11, 2013, New York City will join New Jersey, Oregon and Washington D.C. as one of the few jurisdictions with legislation prohibiting discrimination against unemployed job applicants. Passed by the New York City...more

4/11/2013 - Discrimination Hiring & Firing Job Applicants Local Ordinance Municipalities Unemployment Discrimination

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

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

10 Results
|
View per page
Page: of 1