Scott Wenner

Scott Wenner

Schnader Harrison Segal & Lewis LLP

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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In an unpublished ruling last month, Federal Judge Alison Nathan of the U.S. District Court for the Southern District of New York granted the request of counsel for a putative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 Section 530

Supreme Court Deals NLRB and Administration Another Legal Setback

The United States Supreme Court yesterday ruled unanimously that three recess appointments made to the National Labor Relations Board by President Obama on January 4, 2012 were an invalid exercise of the power to make recess...more

6/30/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

California Supreme Court Submits to Federal Preemption, Holds Class Action Waivers Enforceable in Employment Cases – But Not in...

We have written previously of the back and forth between the United States Supreme Court and the California Supreme Court on questions relating to mandatory binding arbitration and class action waivers in the workplace (see...more

6/25/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry

Protecting Your US Business From Unfair Competition by Former Employees Requires Timely and Prudent Action

The potential risks posed to a business by former employees are common to employers worldwide. Whether an employee is working in Jakarta, London or New York at termination of the employment relationship makes little...more

2/21/2014 - Goodwill Non-Compete Agreements Restrictive Covenants Trade Secrets Unfair Competition

FAQ: Making Wage Deductions to Recover Inadvertent Overpayment of Wages and Repayment of Advances to Employees

Can I make deductions from employee wages to recover overpayment of wages or repayment of advances given to my employees? When? How? These are questions that arise often for many employers. Until last year, such wage...more

9/4/2013 - Advances Deductions DOL Employer Liability Issues Overpayment Wage and Hour

EEOC Begins Enforcing 2012 Criminal Background Check Guidance

EEOC Sues Two Employers for Race Discrimination for Using Criminal Background Checks to Exclude Applicants Without Also Making “Individualized Assessment” of Other Factors - In April 2012, the Equal Employment...more

7/3/2013 - Arrest and Conviction Records Criminal Background Checks EEOC Employee Rights Enforcement Exclusions Title VII

NYC Council Overwhelmingly Passes Mandatory Paid Sick Leave Law

Led by Mayoral candidate and Council Speaker Christine Quinn, The New York City Council has enacted the Earned Sick Time Act – a new law that mandates all employers of 15 or more employees in New York City to provide paid...more

5/20/2013 - Compliance Employer Liability Issues Medical Leave

New York City Council Passes Law Prohibiting Discrimination Against Unemployed, Overriding Mayor’s Veto

On March 13, 2013, the New York City Council voted to override Mayor Michael Bloomberg’s veto of Bill Number 814-A, which prohibits employers from discriminating against job applicants on the basis of employment status....more

3/25/2013 - Discrimination Hiring & Firing Job Applicants Unemployment Discrimination

Employers Directed to Use New Form I-9 Verifying Work Eligibility by May 7

Last week the U.S. Citizenship and Immigration Services (USCIS) agency of the U.S. Department of Homeland Security, unveiled in the Federal Register a revised Employment Eligibility Verification Form, which is better known as...more

3/14/2013 - Eligibility Hiring & Firing I-9 USCIS

Wage and Hour Division Unveils Plans to Survey Workers' Knowledge of Their Classification as Employees or Independent Contractors;...

From the advent of the Obama Administration, the U.S. Department of Labor has clearly expressed its intent to adopt an adversarial approach towards employers at the agency and sub-agency levels. As part of that strategy, the...more

2/1/2013 - DOL Independent Contractors Misclassification Right To Know Wage and Hour

Schnader Harrison Segal & Lewis LLP Presents Your 13 Labor & Employment Resolutions for 2013

The world did not end last week, and so it is that time again to reflect on the year behind us and to consider what is on the horizon for the upcoming year. What resolutions will we make for 2013? Will we train for an Iron...more

12/31/2012 - ADA Affordable Care Act Anti-Retaliation Provisions Criminal Background Checks DOL Equal Pay FLSA IRS Natural Disasters OFCCP Social Media Social Media Policy Whistleblower Protection Policies

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