Workforce Bulletin

Our colleague Kara Maciel will speak on behalf of EBG client, National Grocers Association (“NGA”), at the National Labor Relations Board’s public meeting, scheduled for April 10-11, 2014 regarding the Notice of Proposed Rulemaking (“NPRM”) on the “ambush election” representation procedures.

The panels will address the following topics:

• Panel B.2: Requirement for written statement of position
  Address issues related to the proposed requirement for a written statement of position.
• Panel E.1 & E.3: Election date
  Please describe the standard to be applied for ...

By John F. Fullerton III and Jason Kaufman

Almost four years after it was enacted in 2010, the full impact of the Dodd Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) on the enforceability of predispute arbitration agreements is not completely clear.  Some whistleblower retaliation claims are still subject to mandatory arbitration agreements, while others plainly are not, depending upon when the arbitration agreement was executed, the statute under which the claim is brought, and the jurisdiction in which the employer and employee find themselves.

Our colleague Lauri Rasnick, a Member of the Firm at Epstein Becker Green, wrote a Law360 article titled "Drafting Customer Nonsolicitation Provisions in NY." (Read the full version – subscription required.)

Following is an excerpt:

A recent New York Appellate Division First Department decision, TBA Global LLC v. Proscenium Events LLC, et al., Index Nos. 10948, 651171/12, (1st Dept Feb. 5, 2014), may not answer all questions about drafting enforceable nonsolicitation provisions, but it does shed some light on the current state of New York law.

The Lower Court Decision

The case ...

By Dustin E. Stark

Do start-up tech companies need an HR professional or employment counsel from the start?  A recent highly publicized incident involving a former GitHub Inc. employee suggests the answer is yes. 

Earlier this month, a GitHub employee quit her job and immediately took to Twitter, tweeting multiple complaints accusing the company of illegal gender-based discrimination.  News outlets picked up on these tweets, and the story spread quickly.  The former employee also gave an interview with TechCrunch, the information technology website, further outlining her ...

The United States Supreme Court declined to review the Second Circuit's decision in Irizarry v. Catsimatidis in which the Court of Appeals affirmed the District Court's decision holding a Supermarket CEO personally liable for violations of the Fair Labor Standards Act (FLSA).

By Ian Carleton Schaefer

The newest issue of Take 5 is online, featuring contributions from Michelle Capezza, Nancy Gunzenhauser, Marshall Jackson Jr., Brandon Ge, Gregg Settembrino, and myself, colleagues in our firm’s Technology, Media, and Telecommunications (TMT) Strategic Industry Group.

In this issue, we cover employment issues in “The Cloud”:

1. Solving Rainy Day Problems While It's Only Partly Cloudy: Wage and Hour Concerns
2. PHI in the Cloud: HIPAA, Data Privacy, and Data Security
3. The Cloud, the Evolving Role of the CIO, and the Increasing Importance of Attracting ...

 By Aaron Olsen

President Obama’s announcement last week that he was ordering the Labor Department to revise the regulations concerning who can be classified as “executive or professional” employees has created a buzz about what this will mean for both employers and employees.  The fact that the President specifically identified concerns about managers in the fast-food industry suggests that the Department of Labor will be looking for ways to change how employees in the hospitality industry are classified. 

However, there have been very few details about what any of this will ...

On March 13, 2014 President Obama issued a memorandum instructing the Department of Labor ("DOL") to review and revise overtime regulations under the Fair Labor Standards Act ("FLSA"). Under the FLSA employees are eligible to receive overtime for all hours worked over 40 per week, unless they fall within certain specified exemptions. The most common of exempt classifications in the retail industry are executive, administrative, and commission sales.

By Amanda R. Strainis-Walker

OSHA recently launched a Regional Emphasis Program (REP) that will focus enforcement resources on employers operating in the automotive supply manufacturing industry.  This new Auto Supply Manufacturers enforcement program will target manufacturers in the southeast that supply engines, airbags, trim, or any other automotive products.  The specific geographic areas covered by the inspection program include at least Georgia, Mississippi, and Alabama.

“Hazards associated with the Auto Parts Supplier Industry that are the focus of this REP ...

The EEOC has just published guidance to employers on accommodating religious dress and grooming practices pursuant to Title VII of the Civil Rights Act. This guidance comes on the heels of several high profile religious discrimination cases that have brought the issue of religious dress and grooming accommodation to the forefront. Employers with 15 or more employees are covered by Title VII and should take note of the new guidance.