Steven Swirsky

Steven Swirsky

Epstein Becker Green

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Latest Publications


Five Recent Developments in Labor and Employment Law That Health Care Employers Need to Know

Recent actions by federal agencies and courts will have a direct impact on employers in the health care industry. While still wrestling with the changes wrought by the Affordable Care Act, health care employers will now need...more

10/29/2015 - Affordable Care Act Health Care Providers Healthcare Home Health Agencies Home Healthcare Workers Joint Employers Life Sciences Marijuana Medical Marijuana Minimum Wage NLRB Nursing Homes OSHA Physicians Protected Concerted Activity Right to Control Unions Unpaid Overtime Wage and Hour

Joint-Employer Status: New NLRB Standards Reset the Stage and Redefine the Players

For those liberals and conservatives who do not think of themselves as “joint employers” of their doctors, lawyers, pet groomers, personal trainers, disc jockeys, and baristas, the National Labor Relations Board (“NLRB” or...more

9/15/2015 - Best Practices Browning-Ferris Industries of California Inc. Collective Bargaining Employer Liability Issues Franchises Joint Employers Jurisdiction Multi-Factor Test NLRA NLRB Right to Control Staffing Agencies Subcontracts Unions

Five Employment, Labor, and Workforce Management Concerns Impacting Retailers

Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more

6/1/2015 - Affordable Care Act Ambush Election Rules EEOC Employer Liability Issues Employment Policies New Legislation NLRB Popular Proposed Regulation Retailers Sick Leave Wage and Hour Wellness Programs

NLRB Adopts Expedited Election Rules, Effective April 15, 2015

After a series of false starts, on December 12, 2014, the National Labor Relations Board (“NLRB” or “Board”) adopted a 733-page final rule (“Final Rule”) that will significantly change the Board’s longstanding union election...more

12/16/2014 - Final Rules NLRB Quickie Election Rules Union Elections Unions

NLRB Holds That Employees Have the Right to Use Company Email Systems for Union Organizing – Union and Non-Union Employers Are All...

In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be...more

12/15/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

Protecting Your Workforce: What You Need to Know About Ebola

The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact...more

11/4/2014 - CDC Ebola Safety Precautions

Act Now Advisory: NLRB's Macy's Decision Raises Questions About Best Strategies for Combating Union Efforts to Organize...

In a decision released this past week, a majority of the National Labor Relations Board ("NLRB" or "Board") recommitted the federal agency to the principles set forth in Specialty Healthcare, further expanding the way for...more

7/30/2014 - Bargaining Units Corporate Counsel Macy's NLRA NLRB Specialty Healthcare Unions

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

7/21/2014 - Corporate Counsel International Labor Laws Japan Parent Corporation Subsidiaries

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

1/18/2013 - ALJ Confidentiality Agreements Employee Handbooks Employment Contract Employment Policies NLRA NLRB Non-Disclosure Agreement Non-Disparagement Provisions Section 7

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