Commercial Law & Contracts, Labor & Employment Law, Administrative Law

ARB Says Equitable Modification of SOX Statute of Limitations Saves Untimely Complaint

by Allana Grinshteyn, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/12/2013

On March 29, 2013, the Department of Labor’s Administrative Review Board (“ARB”) ruled that a “standstill” agreement between an employer and employee that required both parties to provide notice before initiating legal...more

It Pays To Add A Statute Of Limitations To Your Plan’s Claims Procedure

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 3/12/2013

ERISA requires that plans contain a reasonable claims procedure. Courts have generally required claimants to exhaust that claims procedure before filing a lawsuit. In addition, if the plan gives the plan administrator...more

The Second Obama Term: NLRB Outlook

by Morgan Lewis on 1/22/2013

Employers should expect a continuation of the policies from the last four years as the NLRB seeks to extend the reach of the NLRA to nonunion workplaces and promotes increased unionization and collective bargaining....more

How to Reach Your Audience in Compliance Training – The Use of Charisma

by Thomas Fox on 1/18/2013

One often hears or reads about complaints that compliance training is dull, nay even boring. I mean, how many times can you expect someone to be lectured to on the riveting subject of the Foreign Corrupt Practices Act (FCPA)...more

Legal Alert: NLRB Judge Finds Confidentiality And Non-Disparagement Provisions In Employment Agreement Violate NLRA

by Jaclyn West | FordHarrison on 1/18/2013

Employers who seek to protect their confidential business information and their reputations by requiring employees to sign employment agreements containing confidentiality and non-disparagement clauses may now face opposition...more

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

by Desiree Busching, Lauri Rasnick, Steven Swirsky | Epstein Becker & Green, P.C. on 1/18/2013

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

Fenwick Employment Brief - January 2013

by Dan Ko Obuhanych, Michael A. Sands | Fenwick & West LLP on 1/17/2013

In This Issue: *FEATURE ARTICLES - New Pregnancy and Disability Regulations for California Employers - Washington Federal Court Declines to Uphold Broad Non-compete Restrictions Against California...more

IRS "Fresh Start Program" Offers More Taxpayers Greater Opportunity to Resolve IRS Debts

by Mary Beth Lee | Duane Morris LLP on 1/16/2013

If you currently owe back income and/or payroll taxes, the Internal Revenue Service's (IRS) recently initiated "Fresh Start Program" may now make either (1) the installment agreement or (2) an Offer in Compromise (OIC) a more...more

Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants

by Keith Barnett, Thomas Bundy, III, Knox Dobbins, Peter Farley, Jaliya Stewart Faulkner, Allegra Lawrence-Hardy, Jason Stone, Mark Thibodeaux, Annette Tripp, Gail Westover | Sutherland Asbill & Brennan LLP on 1/16/2013

Employers who use consumer reports as part of their decision-making process in the hiring, promotion or firing of employees should note the attached “A Summary of Your Rights under the Fair Credit Reporting Act” issued by the...more

Eighth Circuit Permits Individual Arbitration of FLSA Claims

by Flyn L. Flesher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/15/2013

The Eighth Circuit Court of Appeals issued an important pro-arbitration opinion last week, compelling individual arbitration of a putative Fair Labor Standards Act (FLSA) collective action. Owen v. Bristol Care, Inc., No....more

Eighth Circuit Upholds Employment Agreement Waiving Collective Action Rights

by Erin Clarke, Daniel V. Johns, Steven Suflas | Ballard Spahr LLP on 1/15/2013

The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more

UK Employment Alert No 207: Increase in Employment Protection Awards

by Katie Clark, Paul McGrath | McDermott Will & Emery on 1/14/2013

The compensation limits on Tribunal awards will increase as of 1 February 2013. The key changes are set out below...more

The Devil Is in the Details: General Releases from Employees That Fail to Specifically Refer to Mass. Wage Act Are Insufficient to...

by Bronwyn Roberts | Duane Morris LLP on 1/14/2013

In Crocker v. Townsend Oil Co. Inc., SJC-11059 (Dec. 17, 2012), the Massachusetts Supreme Judicial Court (SJC) held that a general release from an employee in favor of an employer that purports to release all possible...more

Positive Developments Improve The Business Case For Returning Manufacturing To The United States By Pat Togni

by King & Spalding on 1/14/2013

Encouraging reports regarding what could become an intensifying renewal of manufacturing in the United States are beginning to emerge after decades of decline. This development suggests a strong business case for substantial...more

New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours

by Alan Brunswick, Stanley Levy, Bradford Paul | Manatt, Phelps & Phillips, LLP on 1/14/2013

On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

by Katherine Rand | Pierce Atwood LLP on 1/14/2013

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 1/11/2013

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

Ending It All

by Brad Hillson, Mandy Perry, Nicola Whiteley | Orrick - Global Employment Law Group on 1/10/2013

In the recent case of Geys v. Société Générale, Mr. Geys, who was employed as managing director was given a letter in November 2007 by Société Générale stating: “I am writing to notify you that Société Générale, London has...more

NLRB Issues New Guidance on At-Will Disclaimers

by H. Ellis Fisher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2013

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks...more

Employers Must Use Revised FCRA Notices

by Jeri Abrams, Joseph Fischetti | Lowenstein Sandler LLP on 1/10/2013

Employers that use the services of a consumer reporting agency (e.g., a third-party vendor) to conduct background checks on their prospective or current employees must now use an updated “Summary of Rights” form to notify...more

California Wage/Hour Update, No. 1, January 2012: New Rules For Commission-Paid Employees Take Effect January 1, 2013

by John Skousen | Fisher & Phillips LLP on 1/10/2013

Effective January 1, 2013, a new California law requires that employees entering into employment agreements which involve compensation, even in part, on a “commission” basis must be provided a written contract which sets...more

Reading the Tea Leaves for Employment Law in 2013 (Harry Potter Edition)

by Daniel A. Schwartz | Pullman & Comley, LLC on 1/10/2013

In this week’s Connecticut Law Tribune, I filed my annual “forecast” of employment law for 2013. As with the weather forecasts, it is subject to change on a moment’s notice. So drink your “tea” with a grain of...more

The Person Of The Year: The Whistleblower

by Michael Volkov on 1/9/2013

In keeping with “tradition” (even if it is a one-year tradition), I like to start out the year looking back on the person of the year in 2012. As we look through the developments of 2012, there is no question of the...more

Employer Must Continue Union Dues Check Off After CBA Expires

by Karla Sanchez | Sherman & Howard L.L.C. on 1/9/2013

The National Labor Relations Board (NLRB) is continuing its drive to overturn well-established legal precedent that it considers to be unfavorable to unions and employees....more

NLRB Considers Employer’s Obligation to Maintain Terms of Employment When One Union Replaces Another

by Sarah J. Murphy | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/9/2013

In Cofire Paving Corporation v. Local 175 United Plant & Production Workers, 359 NLRB No. 10 (Sept. 28, 2012), a group of employees were represented by Local 1175, Laborers International Union of North America, AFL-CIO (Local...more

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Commercial Law & Contracts › Labor & Employment Law › Administrative Law