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The Ninth Circuit Provides Clarity on ERA Whistleblower Protections.

On November 7, 2014, the Ninth Circuit issued its ruling in Tamosaitis v. URS Inc. and provided clarity on three key aspects of the whistleblower protections afforded under the Energy Reorganization Act (ERA), 42 U.S.C. 5801...more

11/24/2014 - Bechtel DOE DOL Employer Liability Issues Energy Reorganization Act Federal Contractors OSHA Retaliation Whistleblower Protection Policies Whistleblowers

“Ban the Box” Legislation Expands Across the Country

There is a growing national movement to “Ban the Box” – i.e., to prohibit questions about a job applicant’s criminal history on employment applications. Currently, “Ban the Box” laws are primarily targeted at public...more

8/14/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

Recent Decision Reminds Companies to Use Best Practices to Protect Their Internal Investigations

The DC Circuit recently heard oral argument regarding a mandamus petition filed by defendants in a qui tam action. The case sheds light on the best practices that companies should utilize to increase the odds that the...more

5/21/2014 - Attorney-Client Privilege Corporate Counsel Internal Investigations Qui Tam Work Product Privilege

"Solicitation" In the Era of Social Media Remains Unsettled

Last month, in KNF&T v. Muller (October 2013), the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was not a solicitation of business in violation of her non-competition agreement,...more

12/5/2013 - General Solicitation Social Media

New York AG Takes a Swipe at Payroll Cards

Employers and employees are increasingly turning to payroll cards, rather than paper paychecks, to pay and receive their payrolls. However, a class action was filed recently in Pennsylvania challenging certain practices and...more

7/18/2013 - Attorney Generals Class Action Passwords Payroll Cards Payroll Records

Given Recent NLRB Decisions Finding Standard Confidentiality Policies Unlawful, Employers Should Review and Update Their Policies

On January 8, 2013, a National Labor Relations Board (“NLRB”) administrative law judge ruled that a proprietary/confidential information provision in Quicken Loan’s employment agreement with its mortgage banker employees...more

1/23/2013 - NLRA NLRB Protected Concerted Activity Section 7

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