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Attorney	Latest Publications
Neil Alexander	Medical Marijuana Dispensaries Are Now Operating in Arizona On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana…more Controlled Substances Act, Dispensaries, Drug Testing, Medical Marijuana, Permits	See All Updates »
Joni L. Andrioff	A Guide to Employee Benefits Administration and Leaves of Absence Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious health…more ADA, COBRA, EAP, EPCRS, ERISA	See All Updates »
Tania Terrazas Arnaldo	New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico In November 2012, Mexico's National Migration Institute ("INM" for "Instituto Nacional de Migración") issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations…more Foreign Nationals, Immigration Procedures, National Migration Institute, Temporary Residence Cards, Work Visas	See All Updates »
Laurent Badoux	New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and…more Back Pay, Class Action, Class Certification, Class Representatives, Damages	See All Updates »
William Balke	Michigan's New "Internet Privacy Protection Act" Sets Limitations for Employers and Employees On December 28, 2012, Michigan joined California,1 Illinois,2 and Maryland3 in enacting a social media password protection law when Governor Rick Snyder signed the "Internet Privacy Protection Act" (IPPA or the "Act"). In an…more Cybersecurity, Electronic Communications, Internet Privacy Protection Acts, Passwords, Social Media	See All Updates »
Jeanne Barber	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Michelle Barrett	Lost in Translation: California's New Pregnancy Disability Leave Regulations and Their New, Contradictory Obligations In regulations that became effective December 30, 2012, California employers received additional guidance on how to handle leaves of absence for employees disabled by pregnancy, childbirth, or a related medical condition. This…more CFRA, Disability, Disability Discrimination, Discrimination, FEHA	See All Updates »
Philip Berkowitz	The Final Breaths of the Alien Tort Statute On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against…more Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS	See All Updates »
Richard Black	The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the…more Class Action, Federal Enclave Doctrine, Federal Jurisdiction, Preemption, Removal	See All Updates »
David K. Broderick	NLRB Overturns 50-Year-Old Precedent in Latest Decision on Dues-Checkoff Provision In WKYC-TV, 359 NLRB No. 30 (Dec. 12, 2012), the National Labor Relations Board effectively overturned 50 years of precedent by holding that, like most other terms and conditions of employment, an employer's obligation to check…more Collective Bargaining, Dues Checkoff, NLRB, Union Dues, Unions	See All Updates »
Gregory Brown	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Brenda Canale	Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had…more Charter Schools, NLRB, Unions	See All Updates »
Christopher E. Cobey	Increased Minimum Wage Is on Its Way: The City of San Jose's New Minimum Wage Ordinance Takes Effect on March 11 This past November, voters in the City of San Jose, California ("City") approved their own minimum wage ordinance (MWO) – the largest city in the United States to take this action. The ordinance takes effect on Monday, March 11,…more Business Taxes, Exemptions, Local Ordinance, Minimum Wage	See All Updates »
Karin M. Cogbill	Increased Minimum Wage Is on Its Way: The City of San Jose's New Minimum Wage Ordinance Takes Effect on March 11 This past November, voters in the City of San Jose, California ("City") approved their own minimum wage ordinance (MWO) – the largest city in the United States to take this action. The ordinance takes effect on Monday, March 11,…more Business Taxes, Exemptions, Local Ordinance, Minimum Wage	See All Updates »
Michael G. Congiu	The Final Breaths of the Alien Tort Statute On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against…more Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS	See All Updates »
Oscar De la Vega	México Promulga Reformas Importantes a la Ley Federal del Trabajo El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del 01…more Dismissals, International Labor Laws, Unions, Wages	See All Updates »
Scott Decker	Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect For the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his…more ACHIEVE Act, BRAINS Act, DACA, Dream Act, E-Verify	See All Updates »
Dale Deitchler	Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more	See All Updates »
Nancy N. Delogu	Fourth Circuit Reverses Decision Holding Employer's Promise Not to Retaliate Modified At-Will Employment, Rejects Breach of Contract Claim On November 27, 2012, in Scott v. Merck & Company, Inc., the U.S. Court of Appeals for the Fourth Circuit reversed a jury verdict of more than $500,000 in favor of Jennifer Scott, a former Merck & Co., Inc. employee. The appeals…more Anti-Retaliation Provisions, Appeals, At-Will Employment, Breach of Contract, Retaliation	See All Updates »
Julie Dunne	"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay	See All Updates »
Margaret Edwards	California Supreme Court Rules "Mixed Motive" Is a Mixed Bag for Employers The California Supreme Court recently clarified the defenses available to employers defending against claims of discrimination. In Harris v. City of Santa Monica, No. BC341469 (Cal. Feb. 7, 2013), the court ruled that, if a…more Attorney's Fees, Damages, Discrimination, Harris v City of Santa Monica, Hiring & Firing	See All Updates »
Edward Ellis	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
William Emanuel	California Supreme Court Permits Picketing on Private Property In a split decision, the California Supreme Court has upheld the constitutionality of two statutes that restrict state court injunctions against picketing by labor unions on private property. Ralphs Grocery Co. v. United Food…more Equal Protection, Free Speech, Injunctions, Labor Disputes, Moscone Act	See All Updates »
Susan Fitzke	Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more	See All Updates »
Thomas J. Flaherty	New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013 Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The other…more NLRB, Unions, Voting Rights, Workplace Privacy Act	See All Updates »
Rod Fliegel	Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more	See All Updates »
Katherine C. Franklin	U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign Corrupt…more	See All Updates »
Steven J. Friedman	The IRS's Retirement Plan Correction Program Has Been Updated and Expanded On December 31, 2012, the IRS issued Revenue Procedure 2013-12, which updates and expands the IRS's Employee Plans Compliance Resolution System (EPCRS) – the IRS's "fix-it" program for retirement plan errors. Every few years,…more 403(b) Plans, Defined Contribution Plans, EPCRS, IRC Section 436, IRS	See All Updates »
Marcia Ganz	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Margaret Gillespie	Are We There Yet? California Appellate Court Rules There Is No Statutory Cap for Pregnancy-Disability Leave The interplay among state and federal employment leave requirements can be confusing and often becomes a trap for the unwary, as occurred in the recent case of Sanchez v. Swissport, Inc., No. B237761 (Cal. Ct. App. Feb. 21,…more Appeals, CFRA, Disability, Disability Leave, FEHA	See All Updates »
David Goldman	EEOC Releases Detailed Enforcement Statistics – Claims Remain at Historic Levels The U.S. Equal Employment Opportunity Commission (EEOC) announced that it received 99,412 private sector workplace discrimination charges during fiscal year (FY) 2012 – October 1, 2011 to September 30, 2012. While the number of…more Discrimination, EEOC, Enforcement Statistics, Sexual Harassment, Title VII	See All Updates »
Philip Gordon	Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has…more Facebook, Hiring & Firing, Internal Investigations, Job Applicants, LinkedIn	See All Updates »
Michael Gregg	Ninth Circuit Holds that Employers Are Entitled to Individualized Damages and Affirmative Defense Determinations in Wage and Hour Class Actions In Wang v. Chinese Daily News, Inc., 2013 U.S. App. LEXIS 4423 (9th Cir. Mar. 4, 2013), the U.S. Court of Appeals for the Ninth Circuit issued a decision that runs contrary to its prior endorsement of the use of inferential…more Affirmative Defenses, Class Action, Individualized Damages, Wage and Hour, Wang v Chinese Daily News	See All Updates »
Joseph Harkins	Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for Military Family Members, and Creates a New Wage Law In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant…more Disability Discrimination, Discrimination, Liens, Light-Duty Positions, Military Caregiver Leave	See All Updates »
Laura Hayward	How Flexible Are You? Stretching the Boundaries with a Remote Workforce Yahoo! CEO Marissa Mayer's recent decision to ban telecommuting has highlighted the issue of how employers of all sizes respond to technological changes that are redefining the workplace…more ADA, Cybersecurity, Data Protection, Disability Discrimination, Discrimination	See All Updates »
Liliana Hernández	México Promulga Reformas Importantes a la Ley Federal del Trabajo El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del 01…more Dismissals, International Labor Laws, Unions, Wages	See All Updates »
Michele Heverly	"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay	See All Updates »
Katherine R. Hinde	EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission…more Bad Faith, Class Action, Discrimination, Document Requests, EEOC	See All Updates »
Barbara Hoey	Second Circuit Holds That Whether On-Time Attendance Is an Essential Function Is a Fact-Based Determination Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York, the court held that the…more ADA, Disability Discrimination, Discrimination, Flex-Time Policies, Punctuality	See All Updates »
Susan Katz Hoffman	A Guide to Employee Benefits Administration and Leaves of Absence Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious health…more ADA, COBRA, EAP, EPCRS, ERISA	See All Updates »
Thomas Holt	Washington Court Weighs in on Privilege Waiver & What Is Opposition Activity In Lodis v. Corbis Holdings, Inc., No. 67215-1-I (Wash. Ct. App. Jan. 14, 2013), the Washington State Court of Appeals has helped clarify what has become a contentious issue in employment litigation, ruling that "when a…more Age Discrimination, Corbris Holdings, Discovery, Emotional Injury Claims, Hiring & Firing	See All Updates »
Alissa Horvitz	Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal Employees Are Subject to Federal Contractor Affirmative Action Requirements In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal…more Affirmative Action, Contractors, Department of Labor & Industry, Employment Contract, Federal Employees	See All Updates »
Ben Hugget	OSHA Changes Course: Will Allow Outside Representatives, Including Union Agents, to Enter Non-Union Worksites During OSHA Inspections In a letter of interpretation dated February 21, 2013 (but only publicly released on April 5), the federal Occupational Safety and Health Administration (OSHA) states that, during inspections of non-union workplaces, employees…more Inspections, OSHA, Unions	See All Updates »
Erik Hult	Supreme Court Holds Damages Must be Measurable on a Classwide Basis for Class Certification In a significant class action decision for employers, Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013), the U.S. Supreme Court held that the ability to establish classwide damages is essential to a favorable…more Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages	See All Updates »
Linda Jackson	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Earl (Chip) M. Jones III	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Steven E. Kaplan	Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for Military Family Members, and Creates a New Wage Law In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant…more Disability Discrimination, Discrimination, Liens, Light-Duty Positions, Military Caregiver Leave	See All Updates »
Stefanie Kastrinsky	The IRS's Retirement Plan Correction Program Has Been Updated and Expanded On December 31, 2012, the IRS issued Revenue Procedure 2013-12, which updates and expands the IRS's Employee Plans Compliance Resolution System (EPCRS) – the IRS's "fix-it" program for retirement plan errors. Every few years,…more 403(b) Plans, Defined Contribution Plans, EPCRS, IRC Section 436, IRS	See All Updates »
Gregory Keating	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Diane L. Kimberlin	California Adopts New Disability Discrimination Regulations Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the…more ADA, Assistive Animals, Disability, Disability Discrimination, Discrimination	See All Updates »
Allan King	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Danielle Kitson	EEOC Sanctioned for Failing to Produce Class Claimants' Social Media ESI and Other e-Discovery Misconduct In EEOC v. The Original HoneyBaked Ham Company of Georgia Inc., 2013 U.S. Dist. LEXIS 26887 (D. Colo. Feb. 27, 2013), the U.S. District Court for the District of Colorado sanctioned the Equal Employment Opportunity Commission…more Bad Faith, Class Action, Discrimination, Document Requests, EEOC	See All Updates »
John Kloosterman	The Final Breaths of the Alien Tort Statute On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against…more Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS	See All Updates »
Bonnie L. Kristan	Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly interpreting…more Appeals, Intent, Intentional Torts, Workplace Injury	See All Updates »
Casey Kurtz	DOL Releases New Regulations Expanding Leave Entitlement for Military Caregivers and Flight Crew Members On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010…more Airline Employees, DOL, Flight Crews, FMLA, Military Caregiver Leave	See All Updates »
Stephanie Lee	California Supreme Court Rules "Mixed Motive" Is a Mixed Bag for Employers The California Supreme Court recently clarified the defenses available to employers defending against claims of discrimination. In Harris v. City of Santa Monica, No. BC341469 (Cal. Feb. 7, 2013), the court ruled that, if a…more Attorney's Fees, Damages, Discrimination, Harris v City of Santa Monica, Hiring & Firing	See All Updates »
Alan Levins	NLRB Rules Employer’s Termination of Non-Union Employees for Facebook Posts Violated NLRA In another decision that affects non-union as well as union employers, the National Labor Relations Board recently ruled that comments posted on Facebook are protected in the same manner and to the same extent as comments made…more Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB	See All Updates »
Jorge Lopez	Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect For the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his…more ACHIEVE Act, BRAINS Act, DACA, Dream Act, E-Verify	See All Updates »
Michael Lotito	Workplace Policy Institute: Regulatory Agenda Update On December 21, 2012, federal agencies released their long-awaited unified agendas and regulatory plans for 2012. Under the Regulatory Flexibility Act, federal agencies are required to publish semi-annual lists of economically…more Affirmative Action, DOL, EBSA, EEOC, NLRB	See All Updates »
Jill Lowell	Are You Feeling Sick? New York City Passes a New Sick Leave Law If at first you don't succeed, try and try again. That is what the New York City Council (the Council) has done since 2009. And after four years, the result is a controversial sick leave law, the Earned Sick Time Act (the Act),…more Employer Liability Issues, Enforcement, Exemptions, Medical Leave, New Legislation	See All Updates »
Patricia Martin	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Morgan Julia Matson	The Final Breaths of the Alien Tort Statute On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against…more Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS	See All Updates »
Anne Mellen	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Amy Mendenhall	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Bruce R. Millman	WARN Notice – One More Burden for Employers Recovering from Sandy? Businesses in the tri-state area disrupted or closed by Hurricane Sandy may have an additional burden that may have been overlooked: whether the company must provide notice of closing or mass layoff under federal or state WARN…more Hurricane Sandy, WARN Act	See All Updates »
Alan Model	Workplace Policy Institute: D.C. Circuit Invalidates NLRB Recess Appointments, Creating Period of Uncertainty for Employers For the past year, unionized and nonunionized employers across the United States have been alarmed by the National Labor Relations Board's expansive interpretation of the National Labor Relations Act and the resulting potential…more Barack Obama, New Process Steel, NLRB, Pro Forma Sessions, Recess Appointments	See All Updates »
Jennifer Mora	Minnesota Enacts “Ban the Box Law" Prohibiting Employment Application Criminal History Checkmark Boxes and Restricting Criminal Record Inquiries Until After Interviews or Conditional Job Offers Effective January 1, 2014, recent amendments to Minnesota law will restrict the timing of pre-employment inquiries by most private employers into a candidate’s criminal past. Employers who are not exempted from the law may not…more	See All Updates »
Lucas Munoz	California Supreme Court Rules "Mixed Motive" Is a Mixed Bag for Employers The California Supreme Court recently clarified the defenses available to employers defending against claims of discrimination. In Harris v. City of Santa Monica, No. BC341469 (Cal. Feb. 7, 2013), the court ruled that, if a…more Attorney's Fees, Damages, Discrimination, Harris v City of Santa Monica, Hiring & Firing	See All Updates »
Jade Cobb Murray	Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal Employees Are Subject to Federal Contractor Affirmative Action Requirements In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal…more Affirmative Action, Contractors, Department of Labor & Industry, Employment Contract, Federal Employees	See All Updates »
Darren E. Nadel	Tenth Circuit Upholds Employee Termination 2 Days After FMLA Leave Request The Tenth Circuit Court of Appeals, in Brown v. ScriptPro, LLC, 2012 U.S. App. LEXIS 24364 (Nov. 27, 2012), recently clarified that discharging an employee within two days of a request for medical leave does not by itself…more FMLA, Interference Claims, Performance Reviews, Termination	See All Updates »
Jennifer Nelson	Portland City Council Unanimously Passes Sick Leave Law On March 13, 2013, Portland, Oregon's City Council unanimously passed a sick leave ordinance that, effective January 1, 2014, will require private sector businesses with six or more employees to provide up to 40 hours per year…more Local Ordinance, Medical Leave, Municipalities, Paid Leave	See All Updates »
Robert O'Brien	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Adam J. Peters	A Guide to Employee Benefits Administration and Leaves of Absence Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious health…more ADA, COBRA, EAP, EPCRS, ERISA	See All Updates »
Kristy Peters	Medical Marijuana Dispensaries Are Now Operating in Arizona On December 3, 2012, an Arizona Superior Court judge issued an order holding that the federal Controlled Substances Act (CSA) does not preempt the Arizona Medical Marijuana Act. Three days later, the first medical marijuana…more Controlled Substances Act, Dispensaries, Drug Testing, Medical Marijuana, Permits	See All Updates »
Mark Phillis	DOL Releases New Regulations Expanding Leave Entitlement for Military Caregivers and Flight Crew Members On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (FY 2010…more Airline Employees, DOL, Flight Crews, FMLA, Military Caregiver Leave	See All Updates »
Tracy Stott Pyles	As 2012 Ends, So Does the NLRB's Longstanding Bright-Line Rule Protecting Witness Statements from Disclosure As the calendar year ends, so does National Labor Relations Board Member Brian Hayes' term, prompting a series of decisions, including Piedmont Gardens, 359 NLRB No. 46 (Dec. 15, 2012). There the Board reversed 34 year-old…more Bright-Line Rule, Confidential Documents, Internal Investigations, NLRA, NLRB	See All Updates »
Richard Rahm	"That Can't Be Right!" California Appellate Court Rules that Piece Rate Workers Are Entitled to Separate Hourly Compensation A California Court of Appeal dealt another blow to employers this month when it held automobile mechanics, who earned at least minimum wage for every hour worked, were entitled to separate hourly compensation for any time not…more Automotive Industry, Class Action, Collective Bargaining, Minimum Wage, Piece-Rate Pay	See All Updates »
Javiera Medina Reza	Mexico's New Privacy Notice Guidelines Require Immediate Action On April 17, 2013, Mexico's new Privacy Notice Guidelines will go into effect. The Guidelines impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected…more Cookies, Data Processors, Data Protection, Enforcement Actions, Mexico	See All Updates »
Rogelio Alanis Robles	New Immigration Procedures to Obtain Work Visas for Foreign Nationals Working in Mexico In November 2012, Mexico's National Migration Institute ("INM" for "Instituto Nacional de Migración") issued new regulations and guidance to implement immigration laws that were enacted in May 2011. These regulations…more Foreign Nationals, Immigration Procedures, National Migration Institute, Temporary Residence Cards, Work Visas	See All Updates »
Rebecca Roche	New Employee Privacy and Union Voting Rights Laws in Virginia Go Into Effect July 2013 Virginia has enacted two new laws that are intended to enhance employee protections, particularly during union organizing drives in the Commonwealth. One law guarantees the right to vote in a secret ballot election. The other…more NLRB, Unions, Voting Rights, Workplace Privacy Act	See All Updates »
Joshua Roffman	Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal Employees Are Subject to Federal Contractor Affirmative Action Requirements In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal…more Affirmative Action, Contractors, Department of Labor & Industry, Employment Contract, Federal Employees	See All Updates »
Andrew B. Rogers	Virginia Recognizes Individual Liability for Wrongful Discharge In VanBuren v. Grubb, No. 120348 (Nov. 1, 2012), a sharply divided Supreme Court of Virginia surprised employers by holding that a common law tort action for wrongful discharge in violation of public policy may be brought…more	See All Updates »
Howard Rubin	Portland City Council Unanimously Passes Sick Leave Law On March 13, 2013, Portland, Oregon's City Council unanimously passed a sick leave ordinance that, effective January 1, 2014, will require private sector businesses with six or more employees to provide up to 40 hours per year…more Local Ordinance, Medical Leave, Municipalities, Paid Leave	See All Updates »
Roberta Ruiz	Retaliation and Whistleblower Claims by In-House Counsel In This Issue: - Whistleblower protections and in-House Counsel - Sarbanes-oxley - The Dodd-Frank Act - The False Claims Act - Common Law Wrongful Discharge Claims - The Ethical…more After-Acquired Evidence, Attorney-Client Privilege, Confidentiality Agreements, Conflicts of Interest, Dodd-Frank	See All Updates »
Eric A. Savage	The Final Breaths of the Alien Tort Statute On April 17, 2013, the Supreme Court decided Kiobel v. Royal Dutch Petroleum. For all intents and purposes, the decision eliminates use of the federal Alien Tort Statute ("ATS") as an employment law weapon to be used against…more Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS	See All Updates »
Mónica Schiaffino	México Promulga Reformas Importantes a la Ley Federal del Trabajo El día de hoy se publicó en el Diario Oficial de la Federación el "Decreto por el que se reforman, adicionan y derogan diversas disposiciones de la Ley Federal del Trabajo" de México. Las reformas entran en vigor a partir del 01…more Dismissals, International Labor Laws, Unions, Wages	See All Updates »
Jean Schmidt	Are You Feeling Sick? New York City Passes a New Sick Leave Law If at first you don't succeed, try and try again. That is what the New York City Council (the Council) has done since 2009. And after four years, the result is a controversial sick leave law, the Earned Sick Time Act (the Act),…more Employer Liability Issues, Enforcement, Exemptions, Medical Leave, New Legislation	See All Updates »
Ilyse Schuman	IRS Issues Proposed Rule on ACA Play or Pay Requirements Full implementation of healthcare reform under the Affordable Care Act (ACA) is less than a year away. The most important aspect of the new system for employers is the "employer shared responsibility" or "play or pay"…more Affordable Care Act, Full-Time Employees, Pay or Play, Shared Responsibility Rule	See All Updates »
Breanne M. Sheetz	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Bradley A. Siciliano	U.S. Department of Justice and SEC Release Long-Awaited Guidance on Foreign Corrupt Practices Act On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) released their long-awaited guidance on the Foreign Corrupt Practices Act (FCPA). A Resource Guide to the US Foreign Corrupt…more	See All Updates »
Kathryn Siegel	New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and…more Back Pay, Class Action, Class Certification, Class Representatives, Damages	See All Updates »
William Simmons	Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has…more Facebook, Hiring & Firing, Internal Investigations, Job Applicants, LinkedIn	See All Updates »
Glenn Smith	NLRB Overturns 50-Year-Old Precedent in Latest Decision on Dues-Checkoff Provision In WKYC-TV, 359 NLRB No. 30 (Dec. 12, 2012), the National Labor Relations Board effectively overturned 50 years of precedent by holding that, like most other terms and conditions of employment, an employer's obligation to check…more Collective Bargaining, Dues Checkoff, NLRB, Union Dues, Unions	See All Updates »
Terri Solomon	Are You Feeling Sick? New York City Passes a New Sick Leave Law If at first you don't succeed, try and try again. That is what the New York City Council (the Council) has done since 2009. And after four years, the result is a controversial sick leave law, the Earned Sick Time Act (the Act),…more Employer Liability Issues, Enforcement, Exemptions, Medical Leave, New Legislation	See All Updates »
Amber Spataro	Workplace Policy Institute: Social Media Password Protection and Privacy — The Patchwork of State Laws and How It Affects Employers Introduction - Social media websites such as Facebook, Twitter, LinkedIn and others have become a part of daily life in the United States and abroad. The unavoidable reach of social media into our personal lives has…more Facebook, Hiring & Firing, Internal Investigations, Job Applicants, LinkedIn	See All Updates »
Angelo Spinola	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Bradley Strawn	Second Circuit Rejects FLSA Gap Time Claims and Explores FLSA Pleading Requirements In Lundy v. Catholic Health System of Long Island, Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013), the Second Circuit Court of Appeals recently held for the first time that the Fair Labor Standards Act (FLSA) does not…more FLSA, Gap Time, Over-Time, Pleadings, Supplemental Jurisdiction	See All Updates »
Daniel L. Thieme	Workplace Policy Institute Client Alert: Falling Over the Fiscal Cliff As the January 1, 2013, "fiscal cliff" deadline fast approaches, the Senate may be close to a compromise "solution" as we push midnight tonight. Whether a deal will emerge that can pass the House and be signed by the President…more Collective Bargaining, DOL, Fiscal Cliff, Layoff Notices, Sequestration	See All Updates »
Michelle P. Thomas	A Guide to Employee Benefits Administration and Leaves of Absence Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious health…more ADA, COBRA, EAP, EPCRS, ERISA	See All Updates »
Tanja Thompson	Contrary to Union's Argument, NLRB Finds Jurisdiction Over Nonprofit Corporation Operating Charter School in Chicago In Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (Dec. 14, 2012), the National Labor Relations Board ("the Board" or "NLRB") rejected the position of a teachers' union and found that it had…more Charter Schools, NLRB, Unions	See All Updates »
Sherry Travers	Illegal Workers Can Recover Lost Wages for Texas Tort Claims A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims…more IRCA, Lost Wages, Preemption, State Immigration Laws, State Law Tort Claims	See All Updates »
Michelle Valerio	Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect For the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his…more ACHIEVE Act, BRAINS Act, DACA, Dream Act, E-Verify	See All Updates »
Joshua Waxman	The Federal Enclave Doctrine: A Potentially Powerful Defense to State Employment Laws The U.S. Constitution provides that the federal government has exclusive legislative rights over certain federal territories – such as military bases, courthouses, and other official properties – if a state consents to the…more Class Action, Federal Enclave Doctrine, Federal Jurisdiction, Preemption, Removal	See All Updates »
Jill Weimer	Third Circuit Adopts New Broader Standard for Defining Protected Activity for Whistleblowers The roller coaster continues for how to define protected activity under the Sarbanes Oxley Act (SOX). In a recent decision that signifies a major setback for employers, the United States Court of Appeals for the Third Circuit…more DOL, Protected Activity, Sarbanes-Oxley, Sylvester v Parexel, Whistleblowers	See All Updates »
David Weiner	IRS Issues Proposed Rule on ACA Play or Pay Requirements Full implementation of healthcare reform under the Affordable Care Act (ACA) is less than a year away. The most important aspect of the new system for employers is the "employer shared responsibility" or "play or pay"…more Affordable Care Act, Full-Time Employees, Pay or Play, Shared Responsibility Rule	See All Updates »
William Weissman	A Guide to Determining Covered Federal Government Contractor Status Excerpt from Executive summary: The Issue: Having a federal government contract or subcontract can obligate a business to comply with substantial affirmative action obligations. Knowing whether such a contract triggers these…more Affirmative Action, Anti-Discrimination Policies, Compliance, Contractors, OFCCP	See All Updates »
Amy Ryder Wentz	Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio's workers' compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly interpreting…more Appeals, Intent, Intentional Torts, Workplace Injury	See All Updates »
Carole Wilder	Hot Wage and Hour Issues for Home Healthcare Employers In This Report: - I. Spotlight On Wage-And-Hour Risks For The Home Healthcare Industry - II. Potential Loss Of The Companionship Services Exemption - III. Other Common Types Of Claims - A. Misclassification As…more Class Action, FLSA, Healthcare, Healthcare Professionals, Independent Contractors	See All Updates »
Carol Williams	Workplace Policy Institute: Immigration Reform in 2013 - What U.S. Employers Can Expect For the past decade, lawmakers have discussed immigration reform, but changes to U.S. immigration laws have been minimal. During the 2012 election campaign President Obama pledged to place immigration reform at the top of his…more ACHIEVE Act, BRAINS Act, DACA, Dream Act, E-Verify	See All Updates »
Adam Wit	New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and…more Back Pay, Class Action, Class Certification, Class Representatives, Damages	See All Updates »
Jennie Woltz	Proposed New York City Law Would Be First in Nation to Provide a Private Right of Action for Discrimination Against the Unemployed The New York City Council recently passed a proposed law (Bill 814-A) that would prohibit employers in the city from discriminating against unemployed individuals. Although Mayor Bloomberg has promised to veto the bill, the City…more Advertising, Applications, Discrimination, Hiring & Firing, Human Resources Professionals	See All Updates »
George R. Wood	Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and Reemployment Rights Act In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act…more DOL, Reinstatement, USERRA, Veterans	See All Updates »
Huan Xiong	Dynamic Year Expected in Labor and Employment Law President Obama's re-election, a newly active NLRB, and important decisions pending before the Supreme Court promise to make 2013 an interesting year in labor and employment law – domestically and internationally. Here is a…more Affirmative Action, Affordable Care Act, Cloud Computing, Costco, D.R. Horton	See All Updates »
Russell R. Zimmerer	An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case alleging…more Documentation, Facebook, FMLA, FMLA Abuse, Interference Claims	See All Updates »

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