Scott Wenner

Scott Wenner

Schnader Harrison Segal & Lewis LLP

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Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First...more

5/19/2016 - Asset Seizure Confidentiality Agreements Defend Trade Secrets Act (DTSA) Employment Contract Immunity Misappropriation Non-Disclosure Agreement Notice Requirements Private Right of Action Trade Secrets UTSA Whistleblower Protection Policies

New York City Commission on Human Rights Publishes Legal Enforcement Guidance on Discrimination on the Basis of Pregnancy

The New York City Human Rights Law (“NYCHRL”) is New York City’s local law that prohibits discrimination in employment, public accommodations and housing. The New York City Commission on Human Rights (“Commission”) has...more

5/11/2016 - Discrimination Local Ordinance NYCHRL Pregnancy Pregnancy Discrimination Reasonable Accommodation

Both Statewide Paid Family Leave and the $15 Minimum Wage for Most of the NYC Metro Area Became Law in New York April 4th

In a flurry of activity accompanying agreement with the Governor on a budget in late March, New York State lawmakers passed, and Governor Cuomo subsequently signed, legislation following California’s lead in raising the...more

4/15/2016 - Employer Liability Issues Governor Cuomo Minimum Wage Multistate Corporations New Legislation Paid Family Leave Law Payroll Deductions Wage and Hour

California On Its Way to $15.00 Minimum Wage

The $15.00 minimum wage has been the goal of a loud and active national movement for some time now. A report by the Los Angeles Times of a California-style deal between unions and the California legislature suggest that a 50%...more

4/5/2016 - Governor Brown Minimum Wage Wage and Hour

Significant Changes to Employer Obligations in California Effective April 1st

The Fair Employment and Housing Act (the “Act”) is the California’s omnibus law prohibiting discrimination in employment and housing. The Department of Fair Employment and Housing’s (“DFEH”) Fair Employment and Housing...more

3/25/2016 - Anti-Discrimination Policies Anti-Harassment Policies Employer Liability Issues FEHA New Regulations

Privacy Shield Takes Another Step Forward

Roughly three weeks ago EU and U.S. negotiators announced that they had reached agreement on a replacement for the Safe Harbor mechanism for compliance with European regulations on transfers of personal information to the...more

3/9/2016 - Article 29 Working Party (WP29) Data Protection Authority EU EU-US Privacy Shield International Data Transfers US-EU Safe Harbor Framework

Amended Regulations for NYC Earned Sick Time Act Imposing New Recordkeeping and Policy Mandates Become Effective March 4

Employers covered by New York City’s Earned Sick Leave Act will be expected to comply with new requirements and will be subject to a re-interpretation of parts of this law when newly published regulations take effect on March...more

2/29/2016 - Amended Regulation Earned Sick Time Paid Leave Policies and Procedures Recordkeeping Requirements Sick Leave Wage and Hour

"Privacy Shield" is Proposed to Replace Invalidated U.S. - EU Safe Harbor Agreement and Keep Data from Europe Flowing

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection laws. Safe...more

2/12/2016 - Article 29 Working Party (WP29) CJEU EU EU-US Privacy Shield FTC International Data Transfers Personal Data Safe Harbors

U.S. Department of Labor Announces Proposed Revision to Rule on Overtime Exemptions; Exempt Salary Threshold to More than Double;...

The U.S. Department of Labor posted an announcement on its website this morning that its much anticipated proposed rule to curtail existing overtime exemptions had been approved for publication in the Federal Register as a...more

7/2/2015 - DOL Exempt-Employees FLSA NPRM Wage and Hour White-Collar Exemptions

Obamacare Survives Second Supreme Court Challenge

The Affordable Care Act has survived another serious challenge – again through an opinion authored by Chief Justice Roberts. Today’s 6 to 3 Supreme Court decision in King v. Burwell held that the Administration’s...more

6/26/2015 - Affordable Care Act Chevron Deference Health Insurance Exchanges King v Burwell SCOTUS Subsidies Tax Credits

Countdown to July 3 for San Francisco Retailers to Modify Flexible Scheduling Practices

We have written before of the growing movement to suppress the flexible scheduling practices commonly employed in the retail industry. Retailers have long used factors such as projections of sales traffic, conversion rates,...more

6/16/2015 - Employment Contract Flexible Work Arrangements Hiring & Firing Local Ordinance On-Call Employees Penalties Posting Requirements Retail Market Retail Workers Retail Workers Bill of Rights Work Schedules

U.S. Supreme Court Unanimously Rules that Courts Have a Narrow Scope to Review Whether the EEOC Complied with Its Statutory Duty...

The United States Supreme Court has announced its decision in the closely watched Mach Mining LLC v. Equal Employment Opportunity Commission case – and it was unanimous. In an opinion authored by Justice Elena Kagen that...more

4/30/2015 - Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC Mining SCOTUS Sex Discrimination Title VII

New York City Council Votes to Limit Credit Checks by Employers

On April 16, the New York City Council passed Intro 261A, which bans the use of credit checks to screen applicants for employment except in enumerated circumstances. The legislation, which was supported by Mayor Bill de...more

4/22/2015 - Credit Reports Hiring & Firing Local Ordinance Screening Procedures

NY Attorney General’s Office Begins Campaign Against Scheduling Practices of Large Retailers

In letters sent to 13 large retail chains on April 10, the New York State Attorney General’s Office has questioned the lawfulness of a scheduling practice known as “on-call shifts,” and has requested wide-ranging information...more

4/17/2015 - Attorney Generals On-Call Employees Retail Workers Bill of Rights Retailers Wage and Hour Work Schedules

En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could...more

4/14/2015 - ADA Appeals Attendance EEOC En Banc Review Essential Functions Ford Motor Reasonable Accommodation Telecommuting

SDNY Judge Refuses to Approve Overbroad Use of Social Media to Notify Members of Opt-in Class of Action

As we reported in December, Judge Nathan of the U.S. District Court for the Southern District of New York ruled that putative class representatives in an FLSA collective action could notify former Gawker interns of their...more

4/1/2015 - Employer Liability Issues Gawker Notice Requirements Opt-In Putative Class Actions Social Media Social Networks Unpaid Interns

Employer Error in Advising Employee of Eligibility for FMLA Leave Can Have Enduring Consequences

The Family and Medical Leave Act does not require all employers to grant leave to all employees. One condition for eligibility requires an employee to work at, or within 75 miles of, a site at which the employer employs at...more

1/28/2015 - Employer Liability Issues FMLA

SDNY Judge Permits Use of Social Media to Notify Potential Opt-In Plaintiffs of Conditionally Certified Collective Action by...

In an unpublished ruling last month, Federal Judge Alison Nathan of the U.S. District Court for the Southern District of New York granted the request of counsel for a putative class of unpaid interns to use social media to...more

12/30/2014 - Class Action Corporate Counsel Employer Liability Issues FLSA Gawker Opt-In Putative Class Actions Social Media Social Networks Unpaid Interns Young Lawyers

NLRB Holds Employees May Use Employer Email for Union Organizing and Other Non-Business Purposes

The National Labor Relations Board this morning released its aptly-named Purple Communications decision, 361 NLRB No. 126, available here. Last May, the Board announced that in connection with its review of the...more

12/12/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Voters in 4 States Elect to Raise Minimum Wage January 1, 2015

Initiatives and ballot measures to raise the minimum wage in four states were approved by voters in four states on Election Day. By wide margins voters in Alaska, Arkansas, Nebraska and South Dakota approved measures that...more

11/7/2014 - Election Results Minimum Wage

NYC Dep’t of Consumer Affairs Updates FAQs about Paid Sick Leave Law

New York City’s Department of Consumer Affairs quietly published in late August an updated set of Frequently Asked Questions (FAQs) concerning the complicated paid sick leave ordinance that became effective on April 1 of this...more

10/28/2014 - Employee Rights Employer Liability Issues Local Ordinance Paid Leave Sick Leave

Federal Court Dismisses Complaint Against EEOC for Unauthorized Use of Employer’s E-Mail System

Late last year we reported that Case New Holland, Inc. (CNH) had sued the EEOC after learning that the agency, in the course of investigating a claim of age discrimination, had sent a blast email. This email was linked to a...more

10/24/2014 - ADEA Age Discrimination Corporate Counsel EEOC Email Employee Rights

EEOC Challenge to CVS Severance Agreement Dismissed Due to Agency’s Failure to Engage in Conciliation

Late last year the United States Equal Employment Opportunity Commission (EEOC) sued CVS in the Northern District of Illinois claiming that the retail pharmacy’s standard form severance agreement and release violated Title...more

10/14/2014 - CVS EEOC Employer Liability Issues Enforcement Actions Mach Mining Severance Agreements Title VII

Senate Finance Committee Considering Measure to Largely Repeal IRC Section 530 Safe Harbor for Most Businesses Using Independent...

Sen. Sherrod Brown (D.Ohio) reintroduced the “Fair Playing Field Act,” S.1706, in November 2013. The bill, which first appeared in 2010 under then-Senator John Kerry’s sponsorship, purports to close an ostensible loophole in...more

7/9/2014 - Employer Liability Issues Independent Contractors IRS Misclassification Proposed Legislation Safe Harbors

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