Nicole Eichberger

Nicole Eichberger

Proskauer Rose LLP

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Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

7/26/2016 - Anti-Harassment Policies Appeals Complaint Procedures Corporate Counsel EEOC Employer Liability Issues Faragher/Ellerth defense Hostile Environment Internal Communications Internal Investigations Reversal Sexual Harassment

Fifth Circuit Addresses FLSA Tip Credits Once Again

The Fifth Circuit has had tipping on its mind, as the decision of Steele v. Leasing Enterprises, Ltd., represents its second opinion within ten months addressing this pay practice. On the heels of Montano v. Montrose, the...more

6/30/2016 - Class Action DOL Employer Liability Issues FLSA Good Faith Hospitality Industry Minimum Wage Restaurant Industry Tip Credit Tipped Employees Wage and Hour

Louisiana Legislature Passes “Ban the Box” for State Employers

Louisiana is anticipated to become the latest state to enact state-wide protections for applicants with criminal backgrounds under the well-known “ban the box” movement. The bill, HB 266, recently passed both houses of the...more

6/2/2016 - Ban the Box Conditional Job Offers Criminal Background Checks Exceptions Hiring & Firing Job Applicants Pending Legislation State Employees

Fifth Circuit Tips Its Hand as to Analysis of FLSA’s Tip Credit

Restaurants throughout the Fifth Circuit, and even beyond, should review the recent decision of Montano v. Montrose Restaurant, which discusses the often tricky and always fact-intensive question of whether a restaurant...more

9/10/2015 - Class Action FLSA Intent Minimum Wage Resorts & Restaurants Restaurant Industry Tip Credit Tip-Pooling Tipped Employees Tips Wage and Hour

Supreme Court Rules That Agency Interpretive Rules Are Not Subject to Notice-and-Comment Rulemaking

Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more

3/18/2015 - Administrative Procedure Act DOL FLSA Interpretive Rule Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process Wage and Hour

Fifth Circuit Refuses Application of Bright-Line Test in FLSA Seaman Exemption Dispute

On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the...more

11/21/2014 - Employer Liability Issues Exemptions FLSA Seamen Vessels Wage and Hour

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

8/11/2014 - Corporate Counsel Employee Rights Passwords Right to Privacy Social Media

The ERISA Litigation Newsletter - October 2013

This month we return to the age-old question – "What makes someone a fiduciary?" As Nicole Eichberger explains, the Seventh Circuit reminded us that the meaning of a "functional fiduciary" depends on exercise/conduct in...more

10/18/2013 - DOL DOMA Employee Benefits ERISA Fiduciary Duty Life Insurance Litigation Strategies Same-Sex Marriage State of Celebration Tax Deductions

The ERISA Litigation Newsletter - January 2013

In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more

1/25/2013 - Affordable Care Act Class Action Class Certification Employee Benefits ERISA Expert Witness Health Insurance Exchanges Retirement Stocks Wal-Mart

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