"Employment Flash - November 2011"

In This Issue:

- NLRB Overturns Three Key Precedents...1

- Second Circuit Adopts Moench Presumption in ERISA “Stock-Drop” Actions...1

- California Court Upholds Class Action Waiver in Employment Arbitration Agreement...2

- DOL Clarifies SOX Whistleblower Rights...2

- NLRB Postpones Notice Requirement...2

- Reminder: Employee Wage Notice Deadlines Approaching in NY and CA...4

Excerpt from NLRB Overturns Three Key Precedents:

The National Labor Relations Board (Board) is the source of several very significant recent rulings for employers and unions. On August 26, 2011, the Board sided with unions in three important 3-1 decisions involving rules for organizing and representing workers — Lamons Gasket Company, 357 NLRB No. 72 (Aug. 26, 2011), UGL-UNICCO Service Company, 357 NLRB No. 76 (Aug. 26, 2011) and Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (Aug. 26, 2011) — each of which overturns prior Board precedent.

Please see full memorandum below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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