Littler

NLRB Imposes New "Indirect Control" Joint Employer Standard in Browning-Ferris

On August 27, 2015, the last day of Harry Johnson, III's term as a Board member, the National Labor Relations Board issued its long-awaited decision in Browning-Ferris Industries of California, Inc. The Board voted 3-2 to change…more
| Franchise Law, Labor & Employment Law

D.C. Circuit Ruling Means DOL’s Home Care Rule May Soon Go Into Effect

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the…more
| Health, Labor & Employment Law

Washington Supreme Court Finds that City of SeaTac Minimum Wage/Paid Sick Leave Ordinance Applies to Employers Located at the Port of Seattle

The legal challenge to the SeaTac Minimum Employment Standard for Hospitality and Transportation Industry Employers (“SeaTac Ordinance”) was dealt a possibly lethal blow as the Washington Supreme Court reversed the King County…more
| Labor & Employment Law, Transportation

Last Call: California Legislature Makes Final Push for 2015 Session

The California Legislature reconvened on Monday, August 17, to finish its work for the 2015 regular session, which must end by September 11. The following bills are of particular interest to California private sector…more
| Agriculture, Alternative Dispute Resolution (ADR), Franchise Law, Labor & Employment Law

Former In-House Attorney Cannot Duck Trade Secrets Allegations with Anti-SLAPP Motion

On July 17, 2015, a California appellate court affirmed the denial of an intellectual property attorney’s anti-SLAPP motion against his former employer. Terrence Wyles, the defendant and former in-house counsel for medical…more
| Communications & Media Law, Constitutional Law, Intellectual Property, Labor & Employment Law

Maine Enacts Law Restricting Employer Access to an Employee's or Job Applicant's Social Media Accounts

Maine has now enacted legislation that restricts an employer’s ability to demand information regarding an employee’s or job applicant’s social media account. The passage of H.P. 640 - L.D. 921, An Act to Strengthen the Rights…more
| Communications & Media Law, Labor & Employment Law, Privacy

The NLRB Refuses to Require its General Counsel to Explain the Joint Employer Case Against McDonald's

The National Labor Relations Board continues the string of controversial moves in its unfair labor practice cases against McDonald’s. In December 2014, the NLRB’s General Counsel filed thirteen complaints naming the franchisor,…more
| Administrative Law, Franchise Law, Labor & Employment Law

The Advent of Privately Developed Corporate Human Rights Reporting Frameworks

In response to the increasing global awareness that companies need to evaluate the effects their operations have on human rights, private entities and organizations have developed arguably competing guidance to achieve that end…more
| International Law & Trade, Labor & Employment Law

Baker’s Trade Secret Lawsuit Does Not Lead to ‘Sweet’ Dreams

In an opinion issued on July 23, 2015 in Sweet Street Desserts, Inc. v. Better Bakery, LLC, the United States District Court for the Eastern District of Pennsylvania underscored the need to think carefully before filing a…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

SEC Continues its Efforts to Make Dodd-Frank Whistleblowing Easier

The Securities and Exchange Commission (SEC) recently issued interpretative guidance intended to advance the agency's position that a whistleblower is entitled to the anti-retaliation protections of the Dodd-Frank Wall Street…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

Second Circuit Holds that Parties May Not Stipulate to Dismiss With Prejudice FLSA Actions Without Court Approval

A recent decision by the Second Circuit will likely make it more difficult for parties to enter into private Fair Labor Standards Act (FLSA) settlements in cases pending not only in the Second Circuit, but nationwide. On August…more
| Civil Procedure, Labor & Employment Law

The Defend Trade Secrets Act of 2015: Proposed Legislation Would Open the Federal Courthouse Door for Trade Secret Misappropriation Claims

In an era where bipartisanship is rarely on display, a group of Senators and members of the House of Representatives from both parties recently joined together to propose the Defend Trade Secrets Act of 2015 (S. 1890, H.R…more
| Intellectual Property

Australia: Federal Court Clarifies Rate Employers Must Pay for Untaken Annual Leave on Termination

In a ruling focused on statutory interpretation, a full federal court bench recently confirmed that employers must pay out employees’ accrued but untaken annual leave upon termination at the rate the employees would have…more
| Labor & Employment Law

California's Special Restrictions on Who May Complete Form I-9

California's Secretary of State recently clarified whether an employer may use a notary public as its authorized representative to complete the Form I-9 Employment Eligibility Verification. In 1986, Congress passed the…more
| Immigration Law, Labor & Employment Law

New Compensation Disclosures for Public Companies

The Securities and Exchange Commission (SEC) has adopted a final rule requiring publicly traded corporations to disclose, to the SEC and shareholders, the ratio of CEO compensation to the "median compensation" of the…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law
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