Sunghee Sohn

Sunghee Sohn

Franczek Radelet P.C.

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NLRB Election Rules Update: Employers must exercise due diligence in searching for and disclosing “available” voter contact...

In April of this year, the National Labor Relations Board’s new expedited election rules went into effect. Under the new rules, employers are required to provide unions with “available” personal e-mail addresses and personal...more

10/28/2015 - Cell Phones Compliance Contacts List Disclosure Requirements Email NLRB Quickie Election Rules Unions

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

10/21/2015 - Administrative Procedure Act Corporate Counsel DHS Educational Institutions Engineering F-1 Foreign Nationals Foreign Students H-1B Hiring & Firing Immigration Reform Obama Administration OPT Popular SEVIS STEM Technology Sector Visas

Department of State and Department of Homeland Security Announce a Major Change to the Visa Bulletin

On September 9, 2015, the Department of State and Department of Homeland Security, acting through United States Citizenship and Immigration Services, announced that they were significantly revising Visa Bulletin procedures....more

9/14/2015 - China DHS EB-2 EB-3 Foreign Nationals Green Cards I-140 Immigration Reform India Obama Administration Philippines Popular US Department of State USCIS Visas Work Visas

Contract Expired So You Want To Stop Deducting Dues From Employee Paychecks? Think Again!

On August 27, 2015, the National Labor Relations Board overturned 53 years of precedent under Bethlehem Steel, and found that going forward an employer could no longer unilaterally stop deducting union dues from employee...more

9/11/2015 - Bethlehem Steel Canning v NLRB NLRA NLRB Payroll Deductions SCOTUS Union Dues Unions Wage and Hour

The New L-1B Adjudications Policy, Effective August 31

The recently issued U.S. Citizenship and Immigration Services (USCIS) final policy memorandum on L-1B visas clarifies the requirements for a sponsoring multinational organization transferring international personnel to the...more

8/31/2015 - DHS Employee Transfers Hiring & Firing HSA IAEA L-1 L-1B Multinationals Obama Administration USCIS Visas

NLRB’s New Election Rules Are Here to Stay

The NLRB’s “ambush” or “quickie” election rules are definitely here to stay. A federal judge in a Washington, D.C. district court rejected the U.S. Chamber of Commerce and other business groups’ challenge to the Board’s new...more

7/31/2015 - Administrative Procedure Act Ambush Election Rules NLRA NLRB Quickie Election Rules U.S. Commerce Department Unions

Court of Appeals Rebukes NLRB: “Common Sense” Allows Employer to Prohibit Employees from Wearing “Prison Shirts”

Eschewing legal niceties in favor of common sense, the U.S. Court of Appeals for the District of Columbia Circuit recently ruled that AT&T did not violate federal labor law when it prohibited its employees from wearing...more

7/20/2015 - Appeals AT&T Communication Workers of America NLRA NLRB Special Circumstances Doctrine Unions Workplace Attire

Jawbone Cries Foul – Fitbit’s Success Due To Stolen Trade Secrets

Fitbit better watch its step because Jawbone has a serious bone to pick with its competitor. On May 27, 2015, Jawbone, a maker of wearable fitness and activity tracker devices, filed suit in California state court...more

7/20/2015 - Breach of Contract Confidential Information Confidentiality Agreements Fitbit Fitness Hiring & Firing ITC Market Research Misappropriation Patent Infringement Patent Litigation Patents Popular Supply Chain Trade Secrets

NLRB Continues to Expand Employee Protections Under Federal Labor Law

In Sabo, Inc. the National Labor Relations Board (Board) found that the employer, a vending machine company, violated the National Labor Relations Act (NLRA) when it fired an employee who had expressed concerns about job...more

5/20/2015 - Employee Rights NLRA NLRB Protected Concerted Activity Wage and Hour Wrongful Termination

Confidentiality Clauses Under Increasing Scrutiny by Federal Agencies

The Securities and Exchange Commission (SEC) has become the latest federal agency to challenge the legality of employee confidentiality requirements. Earlier this month, the SEC instituted its first administrative proceeding...more

4/28/2015 - Confidentiality Agreements Enforcement Actions Internal Investigations KBR (formerly Kellogg Brown & Root) Rule 21F SEC Whistleblower Protection Policies Whistleblowers

Are You Ready? NLRB Ambush Election Rule Effective Today

Tuesday, the National Labor Relation Board’s new “quickie” or “ambush” election rule takes effect and alters nearly every stage of the Board’s representation election procedures. Although legal challenges to the rule are...more

4/15/2015 - Ambush Election Rules NLRB Union Elections Unions

Senate Votes to Block the NLRB’s “Ambush Elections” Final Rule

On March 4, 2015, by a vote of 53-46 the Senate passed joint resolution S.J. Res. 8 to halt the implementation of the NLRB’s Final Rule, adopted December 2014, regarding representation elections. Colloquially called the...more

3/9/2015 - Ambush Election Rules Congressional Investigations & Hearings Final Rules NLRB Unions

Supreme Court Reverses the Sixth Circuit’s Yard-Man Presumption

For the past quarter century, because of conflicting legal authority, employers who offer health care to their retirees, particularly in a unionized setting, have struggled to determine whether they can alter those benefits....more

2/3/2015 - CBAs Employer Group Health Plans Employer Healthcare Costs Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits Yard Man

Employer Obligations Under the New Payroll Card Law

On Wednesday, August 6, 2014, Governor Quinn signed House Bill 5622 amending the Illinois Wage Payment and Collection Act (IWPCA) and providing employers with the option of paying employees through a payroll card. While the...more

8/8/2014 - Employer Liability Issues Payroll Cards Wage and Hour Wages

Supreme Court Grants Certiorari on a Long-Standing Circuit Split Over Collectively Bargained Retiree Health Care Benefits

Earlier this month, the Supreme Court agreed to review the Sixth Circuit’s decision in Tackett v. M&G Polymers USA, LLC, 733 F.3d 589 (6th Cir. 2013). The Court will resolve an existing circuit split as to how courts...more

5/28/2014 - CBAs Collective Bargaining Healthcare Manufacturers Retirement Retirement Plan SCOTUS Unions

Q&A: Executive Order Increasing Minimum Wage For Federal Contractors

On February 12, 2014, President Obama increased the minimum wage for federal contractors and subcontractors by an Executive Order to $10.10 per hour. This announcement comes on the heels of 13 states and 4 cities that also...more

3/25/2014 - Executive Orders Federal Contractors Minimum Wage

Federal Contractors: Overhauled OFCCP Regulations On Employment Obligations To Veterans And Individuals With Disabilities

Starting March 24, 2014, the Office of Federal Contract Compliance Programs (OFCCP) will begin enforcing two regulations that amend the obligations of federal contractors to employees and applicants who are protected veterans...more

2/28/2014 - Affirmative Action Disability Federal Contractors OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

President’s Executive Order Increases Minimum Wage For Federal Contractors

On February 12, 2014, President Obama increased the minimum wage for federal contractors and subcontractors by an Executive Order to $10.10 per hour. This announcement comes on the heels of 13 states and four cities that also...more

2/17/2014 - Executive Orders Federal Contractors Minimum Wage Service Contract Act

EEOC Continues Its Aggressive Stance Against Severance Agreements

Last Friday, the Equal Employment Opportunity Commission filed suit against CVS Pharmacy in the Northern District of Illinois alleging that standard separation agreements used by CVS unlawfully deter employees, who sign these...more

2/13/2014 - Compliance CVS EEOC Employer Liability Issues Investigations Severance Agreements

Senate Debates Federal Workplace Protection For LGBT Employees

This week, the U.S. Senate begins debate on whether to enact legislation to federally protect individuals from discrimination in the workplace based on their sexual orientation and gender identity. On November 4, the Senate...more

11/8/2013 - Discrimination EEOC ENDA LGBT Sexual Orientation Discrimination

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