Workforce Bulletin

To register for this webinar, please click here.

Please join us on Tuesday, December 16, 2014 at 1:00 p.m. EST as we review developments in 2014 and what employers should expect and prepare for in 2015.

During this one hour webinar, we will discuss:

• Recent decisions regarding what constitutes adequate consideration for a non-compete
• The trend toward criminal prosecution of trade secret theft, especially in the international context
• Interesting decisions determining choice-of-law issues
• New and pending state and federal legislation

This webinar is hosted by Epstein Becker Green ...

When the Supreme Court held in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013),  that the Federal Arbitration Act does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery, many employers in the financial services industry, if they had not done so already, strengthened the language of  their mandatory arbitration provisions and policies to include explicit class action and class arbitration waivers.  ...

On Epstein Becker Green’s Management Memo blog, our colleague Jill Barbarino reviews the National Labor Relations Board’s ruling in Murphy Oil that revisited and reaffirmed its position that employers violate the National Labor Relations Act by requiring employees covered by the Act (virtually all non-supervisory and non-managerial employees of most private sector employees, whether unionized or not) to waive, as a condition of their employment, participation in class or collective actions despite rejection by federal courts.

Click here to read the Management memo blog ...

By Stuart M. Gerson

While by most accounts the current term of the Supreme Court is generally uninteresting, lacking anything that the popular media deem to be a blockbuster (the media’s choice being same-sex marriage or Affordable Care Act cases), the docket is heavily weighted towards labor and employment cases that potentially affect employers in all industries including  retail, health care, financial services, hospitality, and manufacturing.  In chronological order of argument they are as follows.

The Court already has heard argument in Integrity Staffing Solutions ...

While by most accounts the current term of the Supreme Court is generally uninteresting, lacking anything that the popular media deem to be a blockbuster (the media’s choice being same-sex marriage or Affordable Care Act cases), the docket is heavily weighted towards labor and employment cases and a few that potentially affect retail employers in particular. They are as follows.

The Court already has heard argument in Integrity Staffing Solutions, Inc. v. Busk, No. 13-433, which concerns whether the Portal-to-Portal Act, which amends the Fair Labor Standards Act, requires ...

By Susan Gross Sholinsky

The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact employment policies and procedures, including, but not limited to, those addressing attendance, leaves of absence, discipline, and medical testing.

My colleagues and I have written a detailed Act Now advisory providing legal framework of best practices and legal risks pertaining to Ebola. 

Click here to read the advisory in its entirety

The Ebola virus disease (“Ebola”) has become a worldwide threat, which, among many other effects, has forced employers to think about how to protect their employees. Employers also must consider how Ebola might impact employment policies and procedures, including, but not limited to, those addressing attendance, leaves of absence, discipline, and medical testing.

My colleagues Susan Gross Sholinsky; Frank C. Morris, Jr.;William J. Milani; Steven M. Swirsky; Nancy L. Gunzenhauser; and Maxine Adams have written a comprehensive Act Now advisory ...

Epstein Becker Green is pleased to announce that Valerie Butera, an accomplished Occupational Safety & Health (OSHA) lawyer, has joined as a Member of the Firm in the Employment, Labor, and Workforce Management practice. She will be based in the firm’s Washington, D.C., office.

Ms. Butera joins Epstein Becker Green from Arent Fox LLP. She is OSHA 30 certified and has substantial training and experience in process safety management (PSM). Her practice focuses on areas within OSHA such as catastrophe management, compliance counseling, rulemaking, inspections, as well as ...

One of many changes wrought by passage of the Dodd-Frank Act is that employers cannot compel potential whistleblowers to report known or suspected unlawful activity to the company before reporting such information to the Securities Exchange Commission (SEC).  Employees are eligible for a bounty award from the SEC even if they do not first – or ever – report internally. The SEC’s position is that mandatory internal reporting could discourage at least some potential whistleblowers.  Consistent with that position, SEC Whistleblower Rule 21F–17 provides:

No person may take ...

By Kenneth DiGia and Lauri F. Rasnick

FINRA just issued a reminder regarding its views on confidentiality provisions and confidentiality stipulations.

Settlement Agreements

In Regulatory Notice 14-40, FINRA follows up on its prior Notice to Members 04-44, in which it had cautioned firms about the use of certain provisions in settlement agreements that impede, or have the potential to impede, FINRA investigations and the enforcement of FINRA actions.  Specifically, FINRA had addressed settlement agreement provisions which limited, prohibited or discouraged employees from ...