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Labor & Employment General Business

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Supreme Court Decides Water Splash, Inc. v. Menon

by Faegre Baker Daniels on

On May 22, 2017, the Supreme Court decided Water Splash, Inc. v. Menon, No. 16-254. The Court held that the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (Hague...more

Health Care E-Note - May 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

Between a Rock and a Hard Place: NLRB Finds Employer Violated NLRA in Implementing ACA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a unanimous decision, a three-member panel of the NLRB found that a cab company violated the NLRA by changing the length of the waiting period for employee health insurance from one year to sixty days....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

We learned pretty early on that VW wasn’t alone in employing emissions-cheating software to get around environmental regs. But until now, it’s borne the brunt of the bad press for its actions. Well, with Fiat Chrysler’s DOJ...more

Independent Contractor Trucker Dodges FAA Arbitration and Keeps His Class Action Alive

by BakerHostetler on

In Oliveira v. New Prime, Inc., No. 15-2364 (May 12, 2017), the U.S. Court of Appeals for the First Circuit confronted two arbitration-related questions of first impression in that Circuit. In the case, Dominic Oliveira had...more

Will The Fiduciary Rule Live on Even if it is Repealed?

by Burr & Forman on

The Department of Labor fiduciary rule was supposed to be implemented on April 10, 2017. That date was pushed back to June 9 so that it could be reassessed, and possibly modified or even repealed. The rule as it stands...more

LeBron, Stephan and the Essence of Florida Non-Competes

by Burr & Forman on

As this blog post goes to press, the Cleveland Cavaliers and the Boston Celtics just began their series to determine which team will face the winner of the series between the Golden State Warriors and the San Antonio Spurs....more

Italy passes new rules for carried interest

by Hogan Lovells on

The Italian Government has at last put an end to the controversy around the characterisation of 'carried interest' for tax treatment purposes. By Law Decree no. 50 of 24 April 2017, which is to be brought into law by 23 June...more

Compliance’s Role in Preventing the Next “WannaCry” Cyberattack

by NAVEX Global on

The global chaos unleashed by the WannaCry ransomware virus reinforces that cyberattacks are not just the problem of IT departments. Compliance must play an integral part of any organization’s cross-functional cybersecurity...more

Freelance Isn’t Free: New York City Reins in Independent Contractors, One Work Provider at a Time

New York City’s Freelance Isn’t Free Act (or FIFA, for short) is not just an attention-grabbing name, but game-changing legislation that has imposed unprecedented regulations on the Five Borough “gig economy.” FIFA, which...more

The Future of Discretionary Clauses in California Life and Disability Insurance Agreements

by McDermott Will & Emery on

On May 11, 2017, the United States Court of Appeals for the Ninth Circuit reversed a district court ruling, and upheld a California law that invalidates a plan provision that assigns the final determination on benefit payout...more

Despite recent scrutiny, carefully-considered non-competes logical choice in many situations

by Nexsen Pruet, PLLC on

Last weekend, the New York Times published an article titled “How Noncompete Clauses Keep Workers Locked In.” The article focused on low and middle level workers who were sued or had a hard time finding new jobs because they...more

Arbitrator’s Pre-Iskanian Decision That Paga Claim Must Proceed On An Individual Basis Was Not A “Manifest Disregard Of The Law”

by Carlton Fields on

A refinery operator (“Wulfe”), sued his former employer alleging several employment related claims, including a claim under the California Private Attorneys General Act (PAGA). The court compelled arbitration, and the...more

OSHA Issues Chemical Process Safety Management Reports For Small Businesses And Storage Facilities

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration has issued two reports on the safe management of hazards by small businesses and storage facilities that use highly hazardous chemicals in business processes. In 1994,...more

Labor and Employment Group News: New York City Enacts Freelance Worker Law

by Murtha Cullina on

Employers’ engagement of independent contractors has increased substantially in recent years. Short-term projects and the gig economy have fueled the need for workers, who are not looking (or are unable) to find permanent...more

“Manufacturing” Law: Courts Also Move to Fill the Void

Last month, I wrote that in the absence of significant Congressional action on the labor and employment front, states and cities are increasingly willing to take steps to improve employment protections. Some courts appear...more

Employee Mobility and Trade Secret Protection in California: What Works and What Doesn’t

by Epstein Becker & Green on

California has always been a challenging jurisdiction for employers in terms of limiting unfair competition by former employees and protecting trade secrets. However, employers in the state can significantly enhance their...more

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

The National Labor Relations Act (NLRA) generally prohibits employers from retaliating against employees based on their union-related activities or for taking concerted action to improve the terms and conditions of their...more

How Will Pro-Business President Emmanuel Macron’s Agenda Impact Business in France and the EU?

by Morgan Lewis on

New French President Emmanuel Macron intends to implement a pro-business agenda and give France the image of a country that is dynamic and well-integrated in the global economy....more

[Event] How Diversity Drives Business Success - June 8th, Philadelphia, PA

A diverse workforce is essential to success in today’s marketplace. We are pleased to announce an important and timely panel discussion and networking event: How Diversity Drives Business Success. We have an impressive panel...more

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

by Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

The New Faces of FCPA Enforcement: The Transition to a Sessions-Clayton Enforcement Regime Is Unlikely to Result in Drastic...

by K&L Gates LLP on

Now that the Trump administration has passed its first 100 days, some additional insights are available with respect to how the administration plans to enforce anti-corruption laws, including the Foreign Corrupt Practices Act...more

New NYC Law Imposes Additional Requirements On Companies Contracting With Freelancers

by Jackson Lewis P.C. on

Effective May 15, 2017, the “Freelance Isn’t Free Act” delineates additional duties for businesses contracting with freelance workers on or after May 15, 2017, in New York City....more

Federal Tax Reform Legislation in 2017: Comments by Attorney Morris N. Robinson

Attorney Morris N. Robinson, the Managing Director of M. Robinson Tax Law in Boston, recently published an op-ed titled: Viewpoint: A 15 percent tax rate on business would maximize economic growth....more

Minimize the Risk of External Whistleblower Activity

by Foley & Lardner LLP on

External whistleblower activity can be very costly in the auto industry. As the industry continues to develop, prevention of whistleblower claims will only grow in importance. It’s an issue that can impact every company...more

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