NGE On Demand: "What do Foreign-based Employers Need to Know About U.S. Employment Law?" with Sonya Rosenberg
The Los Angeles County Fair Chance Ordinance for Employers takes effect on September 3. The law applies to employers doing business in the unincorporated areas of LA County, if they employ five or more employees....more
On February 27, 2024, Los Angeles County announced a new Fair Chance Ordinance. This ordinance is set to take effect on September 3, 2024, and expands upon California’s existing “Ban the Box” law by introducing additional...more
The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more
Does your new hire need an employment agreement, or can an offer letter suffice? If you worry about whether to present your new hire with an employment agreement, you are not alone. Employers regularly struggle with the...more
As businesses look to expand their operations globally, we are increasingly seeing HR leaders taking a strategic view on how they want to engage their workforce across different jurisdictions. There is a greater push from...more
For startups and early-stage companies, the onboarding of service providers is both a strategic necessity and a legal challenge. In this blog post, we will discuss the key considerations, best practices and other valuable...more
Great talent is out there, and you may be meeting them, but are you getting them to come into your organization? Lately, there’s been a struggle to actually get your chosen candidates across the finish line – and there’s a...more
An effective offer letter succinctly sets forth the material terms of an employee's employment and makes clear that no other "unwritten" terms are part of the agreement. This article highlights a few key terms that any offer...more
The process of selecting the right candidate for a new position involves time and resources. Extending an offer of employment is generally an exciting endeavor for both the employer and its new hire - which is why the details...more
Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more
On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG...more
In Mancuso v. L’Oreal, the court reminded employers who use non-compete agreements that those agreements, and the employer’s communications with the departing employee, may create enforceable employer obligations,...more
NGE Labor & Employment partner Sonya Rosenberg discusses three key factors foreign-based employers should know about U.S Employment law: at-will employment, infrastructure, and restrictive covenants. If you have any...more
Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more
Part II: Offer Letters and Background Checks - In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (regarding advertising and interviewing for a...more
Part I: Advertising and Interviewing - Foreign companies expanding their operations to the U.S. through New York usually handle their U.S. hiring process like the way they do back in their home country. They should not....more
An offer letter is a formal offer of employment to a job applicant. Employers also use offer letters to summarize the basic terms of employment after an applicant has accepted an oral job offer....more
When a US company decides to hire an employee in another country the question of whether to send the applicant an offer letter inevitably arises. Sending an offer letter prior to the final contract is normal practice in the...more
On October 17, 2017, the Tenth Circuit overturned the ARB’s decision in favor of complainant for want of protected activity under SOX. Dietz v. Cypress Semiconductor Corp., No. 16-9529 (Oct. 17, 2017). This decision rolled...more
Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...more
Part One of this series focused on several of the federal and local filings and registrations that new employers will need to make in preparation for their first hires. In Part Two, we dove into drafting job descriptions and...more
In the final post in our three-part series, we’re examining the specifics involved in extending an employment offer. Whether it’s your first time or your twenty-first time, making a job offer is exciting-you’ve finally found...more
Seyfarth Synopsis: In yet another pro-union, results-driven decision, the NLRB announces a new approach to evaluating whether an asset purchaser has forfeited its right to set initial terms and conditions when offering...more
Incentive compensation (e.g., stock options, restricted stock, bonus plans, phantom stock, stock appreciation rights, etc.) can be a very useful tool for aligning the incentives of employees and shareholders, as well as a...more
Ned: As promised, I am following up on my email from last week regarding some additional resources for employees working abroad. The offer/assignment letter is a great place to specifically outline additional resources...more