Michael Weil

Michael Weil

Orrick, Herrington & Sutcliffe LLP

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Testing the Limits of Employee Privacy: Ninth Circuit Allows EEOC To Obtain Extensive Personal Information About Employees Despite...

The Ninth Circuit recently held that during the course of an investigation, the EEOC can force employers to produce “pedigree information” (i.e., name, telephone number, address, and Social Security number) of applicants and...more

11/23/2015 - EEOC Employee Privacy Rights Investigations Personal Data Popular Request For Information

Defend Trade Secrets Act of 2015 Faces Criticism 2.0

On August 28, 2015, TSW continued its coverage of the 2015 Defend Trade Secrets Act (“2015 DTSA”), introduced in both the House and Senate on July 28, 2015, with its comparison of the 2015 DTSA to last year’s failed 2014...more

9/28/2015 - Anti-Competitive Defend Trade Secrets Act Misappropriation Trade Secrets Trolls

For Here or To Go? Senators Introduce Bill to Ban Noncompete Agreements, Increase Mobility For Sandwich Makers and Other Low-Wage...

Congress is getting into the non-compete business.  Citing the use of non-compete agreements by companies such as Jimmy John’s sandwich shops, Senate Democrats recently introduced a bill—called the Mobility and Opportunity...more

6/18/2015 - Class Action DOL FLSA FTC Hiring & Firing Jimmy John's Low-Wage Workers Minimum Wage MOVE Act Non-Compete Agreements Popular Putative Class Actions Standing Trade Secrets Wage and Hour

A Win for Employers: Court Denies Class Certification of Rest Break Claim Where Plaintiff Alleged Employer Did Not Have a Rest...

A recent federal district court decision denying a motion for class certification of wage-and-hour claims reflects continuing disagreement among courts in California regarding the suitability for class treatment of meal and...more

4/30/2015 - CA Supreme Court Employment Policies Exempt-Employees Rest and Meal Break Rule 23(b)(3) Wage and Hour

Employees Snooze, Employers Lose: California Supreme Court Delivers Wake Up Call to Employers of On-Call Security Workers

In Mendiola v. CPS Security Solutions, Inc., issued on January 8, 2015, the California Supreme Court ruled that security guards are entitled to compensation for all on-call hours spent at their assigned worksites, even when...more

1/21/2015 - DLSE Employer Liability Issues Employer Mandates FLSA Security Guards Wage and Hour

Highly-Protected Secrets: Competitors Try to Keep Legal Secrets in the Quasi-Legal Marijuana Industry

How do you use the law to keep something unlawful a secret? This and related questions arise as more states legalize marijuana for medical use, recreational use, or both. As an illicit industry emerges from the shadows,...more

12/15/2014 - Business Ownership Marijuana Medical Marijuana SEC Securities Trade Secrets

UPDATE – Uniform Trade Secrets Act Preemption: The Debate Continues… With Possible Implications for Punitive Damages?

Just over one year ago, we noted the continued and vibrant debate among state and federal courts over whether the Uniform Trade Secrets Act (“UTSA”) preempts other claims based on the misappropriation of information when that...more

12/1/2014 - Misappropriation Preemption Trade Secrets Uniform Trade Secrets Acts

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more

11/19/2014 - FLSA Integrity Staffing v Busk Oral Argument SCOTUS Security Clearance Wage and Hour

Muzzling Whistleblowers: When Confidentiality Agreements Go Too Far

Confidentiality agreements can be useful to a company. For example, they can ensure that employees are aware of their company’s valuable trade secrets and can establish requirements to safeguard those assets. But when do...more

8/29/2014 - Confidential Information Confidentiality Agreements Non-Disclosure Agreement Restrictive Covenants Whistleblowers

Employers Should Act Now to Avoid Potential Data Minefields: The OFCCP’s New Proposed Rules for Collecting Compensation Data from...

On August 8, 2014, the Office of Federal Contract Compliance (“OFCCP”) proposed new annual reporting requirements for federal contractors and subcontractors. The proposal requires additional pay information and will become...more

8/21/2014 - Barack Obama DOL EEO-1 Employer Liability Issues Executive Orders Federal Contractors OFCCP Proposed Regulation Reporting Requirements Subcontractors Wage and Hour Wages

The House Introduces Another Trade Secrets Bill: Is It Really Any Better Than Before?

The Trade Secrets Act of 2014 (H.R. 5233) was introduced in the House by Congressman George Holding on July 29, 2014. Representatives Steve Chabot (R-OH), Howard Coble (R-NC), John Conyers (D-MI), Hakeem Jeffries (D-NY), and...more

8/11/2014 - Federal Rules of Civil Procedure Injunctive Relief Trade Secrets

The EEOC Takes Aim, Once Again, at Employers’ Separation Agreements

On April 30, 2014, the U.S. Equal Employment Opportunity Commission filed suit against a private college, charging for the second time in two months that an employer’s severance agreement was unlawful. The EEOC alleged that...more

5/13/2014 - Civil Rights Act Colleges Corporate Counsel EEOC Employee Rights Release Agreements Separation Agreement Severance Agreements Title VII

Despite The Cheers, The Defend Trade Secrets Act Bill Has Holes: What’s A Plaintiff To Do If It Passes?

State court or federal court? If the Defend Trade Secrets Act of 2014 (DTSA) (S. 2267, introduced on April 29, 2014) becomes law, then trade secrets plaintiffs — not just those who can maintain diversity jurisdiction — could...more

5/9/2014 - Commerce Clause Federal Jurisdiction Jurisdiction Lanham Act Proposed Legislation Trade Secrets TRO UTSA

Sick Employees in New York City? There’s an Expanded Sick Leave Ordinance for That

Late last month, New York City Mayor Bill de Blasio signed amendments expanding the scope of the City’s Earned Sick Time Act. Starting April 1, 2014, all covered employees must begin accruing earned sick time. The amendments...more

4/22/2014 - Employee Rights Paid Leave Sick Leave

In Da (Trade Secrets Theft) Club: $15 Million Judgment Against Rapper 50 Cent

The rapper known as “50 Cent” stole trade secrets to the tune of $15 million, an arbitrator found. A filing in the U.S. District Court for the Southern District of Florida earlier this month disclosed the final award...more

4/17/2014 - Music Patent Litigation Patents Theft Trade Secrets

Pyrrhic Victory For Parties Seeking Fracking Fluid Disclosures

Parties advocating public disclosure of the chemical makeup of fracking fluids may have won a recent battle in Wyoming, but are they losing the war? On March 12, 2014, the Wyoming Supreme Court in Powder River Basin Resource...more

4/4/2014 - Chemicals Disclosure Requirements Fracking Oil & Gas

Get Paid for Getting Dressed? Supreme Court Clarifies “Changing Clothes” Under the FLSA

Updating a case we discussed last month, in Sandifer v. United States Steel Corp., No. 12-417 (January 27, 2014), the United States Supreme Court last week clarified the scope of Section 203(o) of the FLSA concerning which...more

2/5/2014 - Collective Bargaining FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

Will California Be The Next Battlefront For An Onslaught of Whistleblower Claims?

Last week, we identified five important questions employers should ask themselves to test whether they are ready for key changes in California law that are coming in 2014. Here, we take a closer look at one of those changes:...more

12/12/2013 - Adverse Employment Action Anti-Retaliation Provisions Compliance Corporate Counsel Corporate Governance Retaliation Whistleblower Protection Policies Whistleblowers

Who Pays When Employees Crash Their Cars After Hours? It Could Be You….

One would think that, under the “going and coming” rule, employers could never be liable for torts committed by their employees during the employees’ commutes. Think again. If employers require employees to use their cars or...more

10/22/2013 - Car Accident Employer Liability Issues Going and Coming Rule

Party Foul! NLRB Orders Reinstatement and Back Pay for Party Bus Guide After Finding Facebook Postings Amount To Protected Union...

Providing yet another example of how online social networking can amount to protected conduct under the National Labor Relations Act, the NLRB ruled earlier this month in New York Party Shuttle, LLC and Fred Pflantzer, CN:...more

5/16/2013 - Back Pay Facebook NLRA NLRB Protected Concerted Activity Social Media Social Media Policy Unions

That’s the Way the Consensus Crumbles: CISPA Splits Natural Allies in High-Tech

If there’s one thing Americans of all political stripes seem to agree on, it’s the need to thwart cyber-attacks on critical U.S. systems. Just this week, the Pentagon for the first time openly blamed China for hacking U.S....more

5/7/2013 - ACLU CISPA Cybersecurity Security and Privacy Controls

New York City Passes Bill Treating the Unemployed as a Protected Class

New York City has amended its Administrative Code to create a new protected class of workers. Beginning in June 2013, the New York City Administrative Code will prohibit discrimination based on an individual’s unemployment...more

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

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