Morgan Lewis publications, interviews, and commentary http://www.morganlewis.com/index.cfm/fuseaction/publication.podcastListing en-us Copyright 2007 - 2012 Morgan, Lewis & Bockius LLP Thu, 24 May 2012 12:26:54 EST Thu, 24 May 2012 12:26:54 EST http://blogs.law.harvard.edu/tech/rss podcastcentral@morganlewis.com (Morgan Lewis Podcast Central) podcastcentral@morganlewis.com (Morgan Lewis Podcast Central) Morgan, Lewis & Bockius LLP Select Morgan Lewis publications, interviews, and commentary Jennifer McCarrick podcastcentral@morganlewis.com No http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/a72ceb4e-e059-42c2-a9c4-13a657fd77d0 http://www.morganlewis.com/pubs/LEPG_LF-Podcast_DCBlocksNewNLRBElectionProcedures_15may12.mp3.mp3 This highly anticipated decision strikes down the NLRB‘s new election procedures in their entirety, finding the Board did not act with the required three-member quorum when it approved the final rules in December 2011 Tue, 15 May 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/ca76e396-07f3-49d2-951c-6d577e74008e http://www.morganlewis.com/pubs/LEPG_LFPodcast_Phase2ofCORIChangestoTakeEffect_3may12.mp3.mp3 Employers taking advantage of increased access to criminal offender record information must comply with strict information-dissemination and recordkeeping guidelines Thu, 03 May 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/a0ba43e7-e33b-4a41-a878-8dfe6136e821 http://www.morganlewis.com/pubs/Webinar_ManagingGlobalWorkforce_GreaterAsianMkt.mp3 Morgan Lewis presented the third of four webinar sessions moderated by Morgan Lewis‘s International Labor and Employment team leader, Mark E Zelek, entitled &qout;Getting the Deal Through Labour & Employment 2011 - Managing the Global Workforce Webinar Series&qout; Mon, 30 Apr 2012 01:00:00 -0500 Tony Mou Eleanor Pelta Zaitun Poonja Mark Zelek http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/7e36cf30-cddb-481b-b2f8-1a2ee795ce5b http://www.morganlewis.com/pubs/LEPG_LF-Podcast_NewNLRBElectionRulesGoIntoEffect_30apr12 (1).mp3 The Board‘s Acting General Counsel has issued guidance on the rules; their full impact will depend on the outcome of a lawsuit challenging their implementation, with a decision due by May 15 Mon, 30 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/1b4cb5bd-c485-4765-8748-82bfabef3481 http://www.morganlewis.com/pubs/LEPG_LF-Podcast_EEOCScopeofTitleVIIEnforcement_27april12.mp3 Equal Employment Opportunity Commission extends Title VII protection to transgendered individuals, and provides updated guidance for employers on the consideration of arrest and conviction records in employment decisions Fri, 27 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/197e9e2d-e197-4899-a67d-10e376c3a5ef http://www.morganlewis.com/pubs/LEPG-LFPodcast_WageTheftPreventionActFAQsUpdate_23april12.mp3 Latest update from the DLSE answers many employer questions and provides updated and improved template for compliance with notice requirement Mon, 23 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/0ea24fc5-6afb-4dcd-b58a-9f395af55ea5 http://www.morganlewis.com/pubs/LEPG-LFPodcast_OSHAWhistleblowerProtectionProgram_20april12.mp3 New initiatives bolster whistleblower program and challenge commonly used safety incentive programs; employers should reevaluate their programs and be prepared for extensive investigations Fri, 20 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/63d9f737-ed80-4b8d-a034-bc23621f4438 http://www.morganlewis.com/pubs/LEPG_LFPodcast_NLRBEnjoinedFromEnforcingNoticePostingRule_17apr12.mp3 DC Circuit Order prevents the Board from enforcing rule until the court resolves all of the issues before it; oral arguments scheduled for September 2012 Tue, 17 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/93229182-ba6c-4c4e-8aea-5736331c2093 http://www.morganlewis.com/pubs/LEPG_LFPodcast_SCCourtStrikesDownNLRBRule_16apr12.mp3 Judge holds that NLRB posting requirement exceeds Board‘s rulemaking authority under the Administrative Procedures Act Mon, 16 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/d797b6cd-7913-439a-a97b-0b80a074ff6e http://www.morganlewis.com/pubs/LEPG_LFPodcast_MealandRestBreakObligations_13apr12.mp3 Long-standing questions over California employers‘ responsibilities to provide meal and rest breaks, including frequency and timing, are resolved Fri, 13 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/a4ca718b-0586-442e-99e9-b47c910743fb http://www.morganlewis.com/pubs/Webinar_ManagingGlobalWorkforce_LatinAmericanMarkets.mp3 Morgan Lewis presented the second of four webinar sessions moderated by Morgan Lewis‘s International Labor and Employment team leader, Mark E Zelek, entitled &qout;Getting the Deal Through Labour & Employment 2011 - Managing the Global Workforce Webinar Series&qout; Fri, 13 Apr 2012 01:00:00 -0500 A James Vzquez-Azpiri Mark Zelek http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/f028e2b9-3be8-479d-8559-60e541d11f0e http://www.morganlewis.com/pubs/LEPG-LFPodcast_EEOCIssuesAmendedRegRegardingADEA_5apr12.mp3 Final rule discusses the regulation‘s RFOA defense and its impact on disparate treatment and disparate impact claims Thu, 05 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/548257e6-28fb-492c-9dab-8b02732b935a http://www.morganlewis.com/pubs/LEPG-LFPodcast_CourtRejectsNLRBRulingAgreementsViolateNLRA_2apr12.mp3 Three district courts to consider DR Horton have distinguished or rejected the NLRB‘s holding that it was a violation of the NLRA to condition employment on an agreement providing all employment disputes and claims would be resolved in arbitration Mon, 02 Apr 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/e5529dbf-b814-4ef9-991a-7d209f695b83 http://www.morganlewis.com/pubs/LEPG_Webinar-Podcast_InternPrograms_EmergingLegalRisksforEmployers_29mar12.mp3 Recent wage and hour class action claims involving unpaid interns has raised some serious concerns for employers Now is the time to catch up on the issues and create a plan of action to address them Fri, 30 Mar 2012 01:00:00 -0500 Russell Bruch Corrie Conway http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/9a85f3d5-eac2-4cf2-98f8-122a7f77f127 http://www.morganlewis.com/pubs/LEPG-LFPodcast_UKEmploymentLawChanges_20mar12.mp3 Government‘s efforts to spur economic growth lengthen the qualifying period for unfair dismissal claims and streamline Employment Tribunal procedures Fri, 30 Mar 2012 01:00:00 -0500 Matthew Howse Celia Kendrick http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/060d25e1-cc0b-4210-9166-2db1f1ba4239 http://www.morganlewis.com/pubs/LEPG-LFPodcast_ObjectiveJustificationAgeDiscriminationClaims_23march12.mp3 Long awaited judgment from the Court of Appeal focuses on the merits of the ‘cost-alone‘ argument Fri, 23 Mar 2012 01:00:00 -0500 Matthew Howse Robert Sinclair http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/2890c848-8ce0-4043-8260-5fee44c0a1d9 http://www.morganlewis.com/pubs/LEPG-WebinarPodcast_GTDT-UKEU_8mar12.mp3 Morgan Lewis presented the first of a four part webinar sessions moderated by Morgan Lewis‘s International Labor and Employment team leader, Mark E Zelek, entitled &qout;Getting the Deal Through Labour & Employment 2011 - Managing the Global Workforce Webinar Series&qout; Thu, 08 Mar 2012 01:00:00 -0500 Walter Ahrens Denise Backhouse Tram-Anh Frank Matthew Howse Tony Mou Eleanor Pelta Zaitun Poonja A James Vzquez-Azpiri Franois Vergne Mark Zelek http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/82356a5f-3048-48ed-975e-872ea69c37b5 http://www.morganlewis.com/pubs/LEPG-LFPodcast_SplitDecisionNLRBNoticeCase_8mar12.mp3 Judge upholds Board‘s authority to issue the rule requiring notice, but strikes down penalty provisions Tue, 06 Mar 2012 01:00:00 -0500 Doreen Davis Ross Friedman http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/586208ac-80e3-4fb5-9fbd-fcd6b04a3a60 http://www.morganlewis.com/pubs/ML-TMI-LFPodcast_JapanPowerHarassmentWorkplace_4mar12.mp3 Japan‘s Ministry of Health, Labour, and Welfare report addresses a growing problem in the country‘s workplace; definition and proposed guidelines offer new level of clarity to employers Tue, 28 Feb 2012 01:00:00 -0500 David McManus Gregory Salath Lisa Yano http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/b28ab47c-78c9-4416-95eb-0f8648c65c9a http://www.morganlewis.com/pubs/IMM-Podcast_EleanorPeltaPartOne_16feb12.mp3 Morgan Lewis is proud to present a three-part interview series with Eleanor Pelta, Morgan Lewis partner and President of The American Immigration Lawyers Association (AILA) for the 2011-2012 term In this series, Ms Pelta covers her thoughts on the most important trends in business immigration, immigration related issues before the United States Supreme Court, and finally, the driving goals during her term as President of AILA Fri, 24 Feb 2012 01:00:00 -0500 Eleanor Pelta http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/3dbcb3f7-aa20-48e2-91ce-81d036c77b2f http://www.morganlewis.com/pubs/IMM-Podcast_EleanorPeltaPartTwo_16feb12.mp3 Morgan Lewis is proud to present a three-part interview series with Eleanor Pelta, Morgan Lewis partner and President of The American Immigration Lawyers Association (AILA) for the 2011-2012 term In this series, Ms Pelta covers her thoughts on the most important trends in business immigration, immigration related issues before the United States Supreme Court, and finally, the driving goals during her term as President of AILA Fri, 24 Feb 2012 01:00:00 -0500 Eleanor Pelta http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/e4de572a-0097-4ea0-a02a-b4273fb1b49e http://www.morganlewis.com/pubs/IMM-Podcast_EleanorPeltaPartThree_16feb12.mp3 Morgan Lewis is proud to present a three-part interview series with Eleanor Pelta, Morgan Lewis partner and President of The American Immigration Lawyers Association (AILA) for the 2011-2012 term In this series, Ms Pelta covers her thoughts on the most important trends in business immigration, immigration related issues before the United States Supreme Court, and finally, the driving goals during her term as President of AILA Fri, 24 Feb 2012 01:00:00 -0500 Eleanor Pelta http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/3da41c1e-f1bc-49cc-a59d-ef4391c0bf02 http://www.morganlewis.com/pubs/LEPG-LFPodcast_StatSamplinginWageHourClassAction_10feb12.mp3 California Court of Appeal reaffirms in Duran v US Bank National Association that class actions cannot trump a defendant‘s due process rights Fri, 10 Feb 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/18f13b00-2089-4eb7-9574-adc8494b8f91 http://www.morganlewis.com/pubs/EB_Podcast_408b2Webinar_08feb12.mp3 Morgan Lewis presented a one-hour webinar discussing what plan sponsors should be doing with service provider disclosures and how they are dealing with enhanced participant disclosures Wed, 08 Feb 2012 01:00:00 -0500 I Lee Falk Azeez Hayne http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/42bed640-eb8a-4d97-b3e3-db1fe98ad116 http://www.morganlewis.com/pubs/EB-IM-LFPodcast_FinalDOL4082DisclosureRegulation_Pt.2.mp3 Final regulation provides a number of helpful clarifications and changes, but continues to impose what will be a highly burdensome disclosure framework Wed, 08 Feb 2012 01:00:00 -0500 Craig Bitman I Lee Falk Daniel Kleinman Donald Myers Michael Richman Craig Bitman I Lee Falk Daniel Kleinman Donald Myers Michael Richman http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/a976ccd3-c91e-4b3f-ac26-ed55dbc820f9 http://www.morganlewis.com/pubs/LEPG-LFPodcast_DOLProposesNewFMLARegs_7feb12.mp3 Proposed rules impact exigency leave and military caregiver leave and include clarifications on increments of intermittent leave Tue, 07 Feb 2012 01:00:00 -0500 Sarah Andrews Corrie Conway Silvia LeBlanc Michael Ossip http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/eb76a9ea-b802-4302-818f-a1f54e690bb8 http://www.morganlewis.com/pubs/LEPG-LFPodcast_DLSEUpdatesCAWageTheft_6feb12.mp3 Despite the DLSE‘s effort to provide guidance to employers on compliance with the act, questions remain Mon, 06 Feb 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/536ddba5-84bb-46af-95bf-3c4eddfc225b http://www.morganlewis.com/pubs/IMM-WebinarPodcast_VentureReadyImm_1feb12.mp3 Morgan Lewis partners, Jeffrey Bodle, Lisa Burton, and Eleanor Pelta presented the Venture Ready Entrepreneur Workshop Series webinar focusing on immigration Mon, 06 Feb 2012 01:00:00 -0500 Jeffrey Bodle Lisa Burton Eleanor Pelta http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/27aecb53-2202-4bd9-8c25-46ef2a3e03c7 http://www.morganlewis.com/pubs/LEPG-LFPodcast_NJTradeSecretsAct_10jan12.mp3 Newly enacted New Jersey Trade Secrets Act protects businesses against actual or threatened misappropriation of trade secrets, providing for injunctive relief, damages, punitive damages, and attorney‘s fees Tue, 10 Jan 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/b3de3263-0d28-4bd1-a6f8-6f9b24c1f52a http://www.morganlewis.com/pubs/LEPG-LFPodcast_ArbitrationAgreementBarringClassLitigation_9jan12.mp3 The NLRB in DR Horton holds that the home builder violated the NLRA by conditioning employment on agreements providing that all employment disputes and claims would be resolved in arbitration, and foreclosing any litigation of &qout;class&qout; or &qout;collective&qout; claims in court or arbitration Mon, 09 Jan 2012 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/26182652-573a-433b-a3c9-1e772677b621 http://www.morganlewis.com/pubs/LEPG-LFPodcast_CAWageTheftPrevention_30dec11.mp3 DLSE issues template notice for use by employers Fri, 30 Dec 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/8e6685e8-04da-40c0-8ec2-c89736dd1cd0 http://www.morganlewis.com/pubs/LEPG_LFPodcast_NLRBImplementsRegulatoryOverhaul_21dec11.mp3 Employers covered by the NLRA should prepare for the possibility of organizing campaigns with expedited representation election procedures that provide extremely limited pre-election hearings and restrictive appeal options; elections will be held much more quickly than the current median of 38 days after the petition is filed Wed, 21 Dec 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/0cca76b1-90d9-4bad-8575-ec88a4731a96 http://www.morganlewis.com/pubs/LEPG_LFpodcast_MajorRevisionsProposedtoAAPs_16dec11.mp3 Expansive new proposals by the Office of Federal Contract Compliance Programs would increase the affirmative action requirements for individuals with disabilities Fri, 16 Dec 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/dc20e1d6-b426-4d98-b9e6-bb75e839566d http://www.morganlewis.com/pubs/LEPG-webinar_RecentNLRBDecisions-Rulemaking_30nov11.mp3 This one-hour interactive webinar addressed the key implications of recent National Labor Relations Board (NLRB) decisions and rulemaking initiatives promoting union organizing, which impact all employers covered by the National Labor Relations Act (NLRA) Wed, 30 Nov 2011 01:00:00 -0500 Ross Friedman Jonathan Fritts http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/2c042652-fb4e-49ba-87ec-b555dff1ac07 http://www.morganlewis.com/pubs/LEPG_LFPodcast_MALawProhobitingGenderIdentity_30nov11.mp3 On November 23, Governor Deval Patrick of Massachusetts signed House Bill 3810 into law The law prohibits private employers with six or more employees in Massachusetts from discriminating against employees and applicants on the basis of gender identity Gender identity will become a protected category with respect to private employment, and will be added as a protected category to several laws designed to protect people from hate crimes and harassment It will also affect public or charter school policies, public accommodations, credit and lending services, and certain other civil rights protections The new law will go into effect on July 1, 2012 Wed, 30 Nov 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/75f735a8-0630-45f8-acfb-078f6bbcca2c http://www.morganlewis.com/pubs/LEPG_LFPodcast_NRLAElectionProcedures-WorkforceDemocracy_30nov11.mp3 The adopted rules, as outlined below, will take effect after the Board drafts the revised regulatory language and then votes on the final language Because the Board will likely be reduced to only two members at the end of this year when Member Craig Becker‘s recess appointment concludes, thus losing its three-member quorum, the current Board majority plans to act on the final language within the next 30 days Ironically, almost immediately after the changes are adopted, they will be supported by only a single NLRB member—Chairman Mark G Pearce—with the opposition of Member Brian Hayes, and with Member Becker gone Wed, 30 Nov 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c0b07889-35fd-4ed8-9639-5305c714af45 http://www.morganlewis.com/pubs/LEPG_LFPodcast_RadicalReformsUKEmploymentLaws_28nov11.mp3 Radical reforms to the UK employment law system—possibly the most radical in decades—were outlined on 23 November by Vince Cable, the UK‘s Business Secretary The announcement came after months of speculation and in response to the government‘s consultation on resolving workplace disputes and the &qout;Red Tape Challenge&qout; review of employment law Mon, 28 Nov 2011 01:00:00 -0500 Rachel Ashwood http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/cdf1d5c4-6bd9-415a-8775-90b7e6d2c8c2 http://www.morganlewis.com/pubs/EB-LFpodcast_ChangesToSanFranciscoHCSO_28nov11.mp3 Last week, San Francisco Mayor Ed Lee signed legislation that significantly revises parts of the city‘s Health Care Security Ordinance (Ordinance) In particular, the revised Ordinance imposes detailed design and administrative requirements on accounts established to satisfy the employer healthcare expenditure requirement Because these new requirements directly relate to the operation of such accounts, there is a strong likelihood that the requirements will reopen the long-simmering debate about whether the Employee Retirement Income Security Act of 1974, as amended (ERISA), preempts some or all of the revised Ordinance Mon, 28 Nov 2011 01:00:00 -0500 Andy Anderson http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/3989632d-51ed-4da3-bed0-31703588790e http://www.morganlewis.com/pubs/LEPG_LFPodcast_CANewMinPayReqs_22nov11.mp3 Effective January 1, 2012, the required minimum pay/salary for those employees exempt from overtime under the California computer professional exemption is increasing According to the California Department of Industrial Relations (DIR), which announced the increase on November 4, to qualify for the exemption an employee must be paid a salary of at least $81,02625 annually ($6,75219 monthly) or a minimum hourly rate of $3889, an increase of 25% Tue, 22 Nov 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/8ec8b0c8-7d20-4021-a15d-1bb40a43d534 http://www.morganlewis.com/pubs/LEPG_LFPodcast_UpdateNJDOLRestoresInsideSales_22nov11.mp3 On October 24, we published a LawFlash[1] discussing regulations enacted by the New Jersey Department of Labor and Workforce Development (NJDOL) conforming the executive, administrative, professional, outside salesperson, and highly compensated exemptions under New Jersey‘s Wage and Hour Law with the same exemptions under the federal Fair Labor Standards Act (FLSA) As noted in the LawFlash, the NJDOL in its new regulations inadvertently eliminated the &qout;inside sales&qout; exemption that exempted from overtime any employee whose primary duty consists of sales activity, who is paid at least $400 per week, and who receives at least 50% of his or her compensation from commissions However, the NJDOL also announced its intention to rectify this oversight by rulemaking Tue, 22 Nov 2011 01:00:00 -0500 Thomas Linthorst Richard Rosenblatt http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/402362ce-900b-4df5-8511-ae616df20cfa http://www.morganlewis.com/pubs/LEPG_LFPodcast_BriefFiledLitigationChallengingNLRB_16nov11.mp3 On August 25, the National Labor Relations Board (NLRB or Board) issued a Final Rule (Rule) that requires all employers subject to the Board‘s jurisdiction—ie, the vast majority of employers doing business in the United States—to post a notice in the workplace informing employees of their right, among other things, to &qout;[o]rganize a union,&qout; to &qout;take action to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government, and seeking help from a union,&qout; and to &qout;strike and picket&qout; Wed, 16 Nov 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/60c8c533-1039-43d3-adac-64517d69b688 http://www.morganlewis.com/pubs/LEPG-LFPodcast_NJDOLRecordkeeping_14nov11.mp3 The New Jersey Department of Labor (NJDOL) has issued a new six-page notice regarding an employer‘s recordkeeping requirements under &qout;[s]tate wage, benefit and tax laws&qout; that must be posted conspicuously, and distributed to all current employees by December 7 As of November 7, employers are required to immediately provide a copy of the notice to all new hires The NJDOL regulations provide that the notice can be posted on an employer Internet or intranet site &qout;for exclusive use by its employees and to which all employees have access&qout; to satisfy the &qout;conspicuous&qout; posting requirement NJAC 12:1-3(c) The regulations further allow employers to distribute the notice to employees via email NJAC 12:1-3(d) Failure to comply with the notice requirement could lead to a fine of up to $1,000 View the new notice online at http://lwdstatenjus/labor/forms_pdfs/Employer PosterPacket/MW-400pdf Mon, 14 Nov 2011 01:00:00 -0500 Rene Johnson Thomas Linthorst Richard Rosenblatt James Walsh, Jr http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/afd6665c-da60-472a-9e24-b21a7de8cd9a http://www.morganlewis.com/pubs/EB_LFPodcast_DOLNewDisclosureRegulationsImminent_08nov11.mp3 According to Department of Labor (DOL) officials, the agency will soon publish a &qout;final&qout; final regulation on required disclosures by plan service providers under the statutory prohibited transaction exemption provided by Section 408(b)(2) of the Employee Retirement Income Security Act of 1974 (ERISA) This makes it a good time for plan service providers (such as investment advisers, broker-dealers, banks, insurance companies, and recordkeepers) and plan fiduciaries to assess where they are in their efforts to comply with the new disclosure rules The new rules are currently scheduled to become effective on April 1, 2012 Tue, 08 Nov 2011 01:00:00 -0500 Daniel Kleinman Michael Richman http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/f2c9480a-2f5b-4524-bf8b-8038c391e662 http://www.morganlewis.com/pubs/LEPG_Podcast_PhillyPaidSickLeave_01nov11.mp3 The Philadelphia City Council has passed a new ordinance, effective July 1, 2012, that will require certain employers in the City of Philadelphia to provide their employees with paid sick leave The ordinance, which will become law without Philadelphia Mayor Michael Nutter‘s signature, was approved by the council in a 15-2 vote Mayor Nutter had previously vetoed a similar bill that would have required all businesses in the City of Philadelphia with more than five employees to provide a minimum number of paid sick days In essence, the new ordinance applies the provisions of the vetoed sick leave bill to a much smaller group of employers Tue, 01 Nov 2011 01:00:00 -0500 Sarah Bouchard Michael Ossip Michael Puma http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c2ddc890-1d03-4ba1-837e-ab841a3c683b http://www.morganlewis.com/pubs/LEPG_LFPodcast_NewWaveCAEmploymentLaws_28oct11.mp3 A new tidal wave of employment laws is about to flood the shores of California On January 1, 2012, multiple new laws will take effect in California, and they will have a significant impact on the employment practices of companies with California operations California employers will need to take prompt action to ensure compliance, including revising employment policies and practices such as hiring and compensation practices, employee handbooks, posters, leave of absence administration, and healthcare coverage A reference chart describing the changes is provided below Fri, 28 Oct 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/51ea6b7e-a832-417c-bc5a-b9475e0d540d http://www.morganlewis.com/pubs/LEPG_LFPodcast_SecondCircuitCitigroupDecision_28oct11.mp3 In a much-anticipated decision, the US Court of Appeals for the Second Circuit joined five other circuits in ruling that employer stock in a 401(k) plan is subject to a &qout;presumption of prudence&qout; that a plaintiff alleging fiduciary breach can overcome only upon a showing that the employer was facing a &qout;dire situation&qout; that was objectively unforeseeable by the plan sponsor In re Citigroup ERISA Litigation, No 09-3804, 2011 WL 4950368 (2d Cir Oct 19, 2011) The appellate court found the plaintiffs had not rebutted the presumption of prudence and so upheld the dismissal of their &qout;stock drop&qout; claims Fri, 28 Oct 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/d21b1daf-7d6d-4449-b4b5-f4c5001db781 http://www.morganlewis.com/pubs/LEPG_Podcast_NJAmendsOvertimeRegulations_24oct11.mp3 On September 6, the New Jersey Department of Labor and Workforce Development (NJDOL) enacted new regulations that conform the executive, administrative, professional, outside salesperson, and highly compensated exemptions under New Jersey‘s Wage and Hour Law with the same exemptions under the federal Fair Labor Standards Act (FLSA) The NJDOL did so by repealing its old version of its &qout;white collar&qout; exemptions and adopting a new regulation that simply incorporates by reference into the New Jersey regulations the &qout;white collar&qout; exemptions found in the United States Department of Labor regulations at 29 CFR Part 541 That change was generally considered good news for employers—with one exception Mon, 24 Oct 2011 01:00:00 -0500 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/7ce65d0a-0e07-42e2-9668-1451881731d1 http://www.morganlewis.com/pubs/BuyingUnion-StaffedCompaniesWebinar_4oct11.mp3 Important details on the risk management issues and genuine opportunities, from the business and union perspectives, for private equity deal makers buying unionized companies Tue, 04 Oct 2011 01:00:00 -0500 Craig Bitman Stanley Lechner Important details on the risk management issues and genuine opportunities, from the business and union perspectives, for private equity deal makers buying unionized companies http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/72d99856-bb2a-4bd8-b4ae-13bdca033d0c http://www.morganlewis.com/pubs/LEPG_Podcast_MandatoryBonusDistributionsofDividends_20sept11.mp3 Following President Sarkozy‘s decision to require French companies to share their profits upon certain distributions of dividends to their shareholders, a bill[1] creating a mandatory bonus for value-added sharing (prime dividendes) to be paid to employees was adopted by the French Parliament on July 13, 2011 (the Bill) The Bill was enacted on July 28, 2011 An Administrative Order[2] dated July 29, 2011 was issued in order to provide guidelines for the practical implementation of the Bill The Bill is effective until December 31, 2013 Tue, 20 Sep 2011 01:00:00 -0500 Roland Montfort Franois Vergne http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/94a5b18e-1f05-4606-9c39-e1d24ea22705 http://www.morganlewis.com/pubs/LEPG_Podcast_NLRBIssuesThreeDecisionsPromotingUnionRepresentation_31aug11.mp3 On the final working day of Chairman Wilma Liebman‘s term at the National Labor Relations Board (NLRB or the Board), the Board issued three significant decisions that promote union organizing and protect new or established union representations The trio of August 26 decisions—Lamons Gasket Co, 357 NLRB No 72; UGL-UNICCO Service Co, 357 NLRB No 76; and Specialty Healthcare & Rehab Ctr of Mobile, 357 NLRB No 83—were issued by the Obama Board‘s 3-1 Democratic majority, with the lone Republican Member dissenting in all three cases Wed, 31 Aug 2011 01:00:00 -0500 On the final working day of Chairman Wilma Liebman‘s term at the National Labor Relations Board (NLRB or the Board), the Board issued three significant decisions that promote union organizing and protect new or established union representations http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c44c77c6-3fb0-481a-8083-4e137870bab5 http://www.morganlewis.com/pubs/EB_Podcast_SummaryOfBenefitsAndCoverage2012_26aug11.mp3 On August 22, the Departments of Treasury, Labor, and Health and Human Services (the Departments) jointly published proposed regulations on the new Summary of Benefits and Coverage (SBC) that insurers and group health plan administrators will be required to distribute beginning next year The SBC is intended to provide clear and consistent information that will enable employers and participants to compare and understand the costs and benefits of different health coverage options Fri, 26 Aug 2011 01:00:00 -0500 Lauren Licastro http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c7662b51-cb5c-4346-b0cc-37b348236231 http://www.morganlewis.com/pubs/LEPG_Podcast_NLRB-FinalRuleRequiringAllEmployersPostNotice_25aug11.mp3 On August 25, the National Labor Relations Board (NLRB or Board) announced that it would issue a Final Rule, to be effective on November 14, 2011, that would require all employers subject to the Board‘s jurisdiction—ie, the vast majority of employers doing business in the United States—to post a notice in the workplace informing employees of their right, among other things, to &qout;[o]rganize a union,&qout; &qout;take action    to improve your working conditions by, among other means, raising work-related complaints directly with your employer or with a government, and seeking help from a union,&qout; and to &qout;strike and picket&qout; Thu, 25 Aug 2011 01:00:00 -0500 The Board announced its intention to implement a rule in December 2010, and accepted comments on the Proposed Rule until March 2011 Although the Board received approximately 7,000 comments, the vast majority of which opposed the Proposed Rule, the Board made few changes from the Proposed Rule to the Final Rule http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/53a4b8ff-df84-4161-8edb-648ce7988227 http://www.morganlewis.com/pubs/LEPG_Podcast_OFCCPInitialStepsReportingCompData_17aug11.mp3 In an Advanced Notice of Proposed Rulemaking (ANPRM) published in the Federal Register on August 10, the Office of Federal Contract Compliance Programs (OFCCP) solicits public comments on a proposed requirement that contractors submit extensive compensation data to the agency through a web-based collection tool The proposed reporting requirement would impose substantial new burdens on contractors at a time when the OFCCP has many other proposals pending that will also considerably increase the compliance burden[1] For example, OFCCP has proposed revisions to the scheduling letter to request more detailed pay and personnel data in every audit Wed, 17 Aug 2011 01:00:00 -0500 In an Advanced Notice of Proposed Rulemaking (ANPRM) published in the Federal Register on August 10, the Office of Federal Contract Compliance Programs (OFCCP) solicits public comments on a proposed requirement that contractors submit extensive compensation data to the agency through a web-based collection tool http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/6cc2bcb7-b1e7-47e1-9181-66f1b638d68b http://www.morganlewis.com/pubs/ATR_LEPG_Podcast_CAvsSafewayAntitrustRisks_1aug11.mp3 On July 12, in California v Safeway,[1] the Ninth Circuit Court of Appeals, sitting en banc, held that a mutual strike assistance agreement among four supermarket chains was subject to challenge under the &qout;rule of reason&qout; standard The court held that a revenue-sharing provision of the agreement at issue was not protected by the nonstatutory labor exemption to the antitrust laws, but overturned a prior decision that had summarily condemned the agreement under the so-called &qout;quick look&qout; standard The more lenient rule-of-reason standard requires courts to consider the full competitive impact of a challenged agreement, taking into account the collective bargaining context of the agreement Companies considering mutual strike assistance agreements should carefully consider the antitrust risks of such agreements, structuring those agreements to minimize their antitrust risks Mon, 01 Aug 2011 01:00:00 -0500 On July 12, in California v Safeway, the Ninth Circuit Court of Appeals, sitting en banc, held that a mutual strike assistance agreement among four supermarket chains was subject to challenge under the &qout;rule of reason&qout; standard http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/541c7284-68e2-4d1a-b3de-0c26ff709b7d http://www.morganlewis.com/pubs/LEPG_Podcast_UKSupremeCourtClarifiesLawOnShamEmploymentContracts_28july11.mp3 In the UK, the question of whether an individual is an employee, a worker, or self-employed is an important one because the rights that the law provides to the individual vary depending on his or her status For example, the right not to be unfairly dismissed and the right to receive a redundancy payment are only available to employees Establishing the employment status of an individual is not always straightforward, and it is a question that commonly arises in the Employment Tribunal Thu, 28 Jul 2011 01:00:00 -0500 In the UK, the question of whether an individual is an employee, a worker, or self-employed is an important one because the rights that the law provides to the individual vary depending on his or her status http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/354706be-6470-46c6-b69e-55d39d665aa9 http://www.morganlewis.com/pubs/Podcast_UnderstandingLaborReformsNewestFrontLine-Part3_July2011.mp3 This podcast series features Morgan Lewis senior counsel Charles I Cohen and Morgan Lewis partner Philip A Miscimarra, along with guest speaker Michael J Eastman, US Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules Tue, 26 Jul 2011 01:00:00 -0500 Charles Cohen Philip Miscimarra This podcast series features Morgan Lewis senior counsel Charles I Cohen and Morgan Lewis partner Philip A Miscimarra, along with guest speaker Michael J Eastman, US Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules NLRB, labor reforms, Chamber of Commerce, NLRB v Boeing, labor law http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/287f0c18-e8c5-4bcf-90dc-f6bc8076a0ab http://www.morganlewis.com/pubs/Podcast_UnderstandingLaborReformsNewestFrontLine-Part2_July2011.mp3 This podcast series features Morgan Lewis senior counsel Charles I Cohen and Morgan Lewis partner Philip A Miscimarra, along with guest speaker Michael J Eastman, US Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules Mon, 25 Jul 2011 01:00:00 -0500 Charles Cohen Philip Miscimarra This podcast series features Morgan Lewis senior counsel Charles I Cohen and Morgan Lewis partner Philip A Miscimarra, along with guest speaker Michael J Eastman, US Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/985c4464-8db8-4bde-878b-42f9fe6d8028 http://www.morganlewis.com/pubs/Podcast_UnderstandingLaborReformsNewestFrontLine-Part1_July2011.mp3 This podcast series features Morgan Lewis senior counsel Charles I Cohen and Morgan Lewis partner Philip A Miscimarra, along with guest speaker Michael J Eastman, US Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules Sun, 24 Jul 2011 01:00:00 -0500 Charles Cohen Philip Miscimarra This podcast series features Morgan Lewis senior counsel Charles I Cohen and Morgan Lewis partner Philip A Miscimarra, along with guest speaker Michael J Eastman, US Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/5a3bed8f-7a84-44f2-b9a0-64baebb1ae85 http://www.morganlewis.com/pubs/Podcast_Cohen-UnprecedentedMoment-NLRBHearings_20july2011.mp3 Comments from Charles Cohen following his testimony at the National Labor Relations Board hearing on July 18, 2011 Wed, 20 Jul 2011 01:00:00 -0500 Charles Cohen Comments from Charles Cohen following his testimony at the National Labor Relations Board hearing on July 18, 2011 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/bc171ef5-b69a-4ec5-b74b-b64b45df5191 http://www.morganlewis.com/pubs/LEPG_LFPodcast_CaliforniaDailyOvertimeRequirements_7july2011.mp3 In an opinion with significant implications for California-based employers, and potentially for non-California-based employers, the California Supreme Court has ruled that the daily and weekly overtime requirements of the California Labor Code apply to work performed in California for California-based employers by nonresident employees In a unanimous opinion in Sullivan v Oracle Corporation, issued on June 30, the court held that Oracle, a California employer, must pay its out-of-state employees according to California‘s overtime rules if and when those employees perform overtime work within California The court also held that California‘s Unfair Competition Law (UCL), which has a four-year statute of limitations, applies to the failure to pay overtime for work performed in California by nonresidents, but does not apply to the failure to pay overtime under the federal Fair Labor Standards Act (FLSA) for work performed outside of California Thu, 07 Jul 2011 01:00:00 -0500 In an opinion with significant implications for California-based employers, and potentially for non-California-based employers, the California Supreme Court has ruled that the daily and weekly overtime requirements of the California Labor Code apply to work performed in California for California-based employers by nonresident employees http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/d7782d3d-51e8-4fad-8da8-3de570706430 http://www.morganlewis.com/pubs/LEPG_LFPodcast_TXEnforcementOfNoncompeteAgreements_28june11.mp3 On June 24, the Texas Supreme Court issued a long-awaited decision clarifying the standards for enforcement of noncompete agreements under the Texas Business and Commerce Code In Marsh USA Inc and Marsh & McLennan Cos v Rex Cook, the court considered whether an employee‘s receipt of stock options could sustain an agreement that prohibited the employee from soliciting or accepting business from certain customers of Marsh McLennan (Marsh) Tue, 28 Jun 2011 01:00:00 -0500 On June 24, the Texas Supreme Court issued a long-awaited decision clarifying the standards for enforcement of noncompete agreements under the Texas Business and Commerce Code http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c6dad90e-5452-4175-9c50-680b46d35c80 http://www.morganlewis.com/pubs/LEPG_LFPodcast_CTPaidSickLeaveForServiceWorkers_23june11.mp3 On June 8, Governor Daniel P Malloy (D) signed into law &qout;An Act Mandating Employers Provide Paid Sick Leave To Employees&qout; (the Act), which requires employers to provide paid sick leave to their service workers The Act takes effect on January 1, 2012 and provides for notice requirements, penalties against employers, and protection against retaliation for workers who complain about violations Thu, 23 Jun 2011 01:00:00 -0500 On June 8, Governor Daniel P Malloy (D) signed into law &qout;An Act Mandating Employers Provide Paid Sick Leave To Employees&qout; (the Act), which requires employers to provide paid sick leave to their service workers http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/1809884f-cf70-4064-9b6b-0b991eb0cb0c http://www.morganlewis.com/pubs/LEPG_LFPodcast_SupremeCourtAnnouncesNewClassActionStandards_22june11.mp3 On June 20, in Dukes v Wal-Mart, the US Supreme Court dealt a huge blow to plaintiffs seeking to certify employment discrimination class actions under Federal Rule of Civil Procedure 23, as well as consumer, antitrust, and other class actions The heavily publicized case involved a proposed 15-million-person class of female Wal-Mart employees seeking to bring disparate impact and pattern or practice claims for discrimination in promotions and compensation Justice Scalia wrote for the majority In a 5-4 decision, the Court found that allegations that Wal-Mart had a &qout;common&qout; policy of permitting local managers to use discretion to make employment decisions based upon subjective factors did not satisfy the commonality requirement of Rule 23(a)(2) Significantly, the Court held that the commonality requirement is not met by &qout;generalized questions&qout; that do not meaningfully advance the litigation and is not met where named plaintiffs and members of the purported class have not suffered the &qout;same injury&qout; In addition, in a unanimous decision, the Court found that claims for &qout;individual monetary damages,&qout; including back pay, could not be certified under Rule 23(b)(2) This decision provides defendants in class actions with a variety of tools to defeat efforts to certify large class actions involving disparately situated plaintiffs Wed, 22 Jun 2011 01:00:00 -0500 On June 20, in Dukes v Wal-Mart, the US Supreme Court dealt a huge blow to plaintiffs seeking to certify employment discrimination class actions under Federal Rule of Civil Procedure 23, as well as consumer, antitrust, and other class actions http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/18ab4929-d32c-405a-9d09-221a2fa66b2e http://www.morganlewis.com/pubs/LEPG_LFPodcast_NewRulesExpediteUnionElectionProcess_22june11.mp3 On June 21, the National Labor Relations Board (NLRB or Board) announced new proposed rules that would substantially change—and speed up—the existing union election process, as well as limit employer participation in that process This appears to be an effort by the Board to achieve, through rulemaking, portions of the failed Employee Free Choice Act (EFCA) Wed, 22 Jun 2011 01:00:00 -0500 On June 21, the National Labor Relations Board (NLRB or Board) announced new proposed rules that would substantially change--and speed up--the existing union election process, as well as limit employer participation in that process http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/21d5505f-697c-4803-81c0-23eb5622ed37 http://www.morganlewis.com/pubs/LEPG_LFPodcast_SignificantlyExpandedEmployerAndConsultantReporting_LF_21jun11.mp3 In a move that may be considered by many as the Obama administration‘s boldest attempt to impose employer neutrality in connection with union organizing and collective bargaining, the US Department of Labor‘s (DOL‘s) Office of Labor Management Standards (OLMS) has proposed a sweeping expansion of employer and consultant reporting requirements for so-called &qout;persuader activity&qout; If adopted, these regulations would have important implications for employers and consultants dealing with union and nonunion employee groups Indeed, covered persuader activity can occur in the context of union-organizing activity, corporate campaigns, normal collective bargaining, strike preparation, and day-to-day employee and labor relations In addition, consultants for purposes of the reporting requirements include both outside legal counsel and labor relations consultants Tue, 21 Jun 2011 01:00:00 -0500 In a move that may be considered by many as the Obama administration‘s boldest attempt to impose employer neutrality in connection with union organizing and collective bargaining, the US http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/16cf30d8-b039-4493-9abd-264c17a805a5 http://www.morganlewis.com/pubs/LEPG_LFPodcast_NLRBSanctionsUseOfInflatableRats_31may11.mp3 On May 26, the National Labor Relations Board (NLRB or Board) ruled that a union‘s display of a large inflatable rat balloon at a secondary employer‘s premises in order to protest the labor practices of its nonunion contractor is not coercive and does not violate US labor law Tue, 31 May 2011 01:00:00 -0500 On May 26, the National Labor Relations Board (NLRB or Board) ruled that a union‘s display of a large inflatable rat balloon at a secondary employer‘s premises in order to protest the labor practices of its nonunion contractor is not coercive and does not violate US labor law http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/975686a9-bab6-4777-9dd8-0800aed6fad6 http://www.morganlewis.com/pubs/FRR-LEPG_LFpodcast_SECFinalRulesForDodd-FrankWhistleblowerProvisions_25may11.mp3 Today, the Securities and Exchange Commission (SEC or Commission) voted to approve final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), enacted by Congress on July 21, 2010 The vote was split, with three Commissioners voting in favor of implementation and two voting against According to the majority of the Commissioners, the final rules attempt to balance the tension between encouraging whistleblowers to come forward to the SEC while simultaneously discouraging them from bypassing internal company compliance programs The dissenting Commissioners disagreed, taking the position that the failure to require mandatory internal reporting would have a detrimental effect on internal compliance and spur whistleblowers to bypass those internal mechanisms in favor of directly reporting to the SEC Wed, 25 May 2011 01:00:00 -0500 Sarah Bouchard Thomas Linthorst Today, the Securities and Exchange Commission (SEC or Commission) voted to approve final rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), enacted by Congress on July 21, 2010 http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c929f8d8-38a3-4f2c-9596-a3c39f2d7f3f http://www.morganlewis.com/pubs/LEPG_LFpodcast_DOLReleasesTimesheetSmartphoneApp_13may11.mp3 On May 9, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) launched its first application (or &qout;app&qout;) for smartphone platforms The app (dubbed &qout;DOL-Timesheet App&qout;) is an electronic timesheet that allows employees to independently track the hours they work and determine the wages they believe they are owed Fri, 13 May 2011 01:00:00 -0500 On May 9, the Wage and Hour Division (WHD) of the US Department of Labor (DOL) launched its first application (or &qout;app&qout;) for smartphone platforms The app (dubbed &qout;DOL-Timesheet App&qout;) is an electronic timesheet that allows employees to independently track the hours they work and determine the wages they believe they are owed http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/f5ebaef2-d466-4c4a-afa0-0d0e58c7d657 http://www.morganlewis.com/pubs/UnfairComp_LFPodcast_USvsNosalDecisionIncreasesProtection.mp3 The US Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v Nosal, Case No 10-10038 (9th Cir Apr 28, 2011), holding that an employee who misuses a company computer with fraudulent intent violates the Computer Fraud and Abuse Act (CFAA), 18 USC § 1030 et seq The CFAA creates both civil and criminal liability for accessing a computer &qout;without authorization&qout; or &qout;exceeding authorized access&qout; and knowingly committing one of several specified unlawful acts Fri, 06 May 2011 01:00:00 -0500 The US Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v Nosal, Case No 10-10038 (9th Cir Apr 28, 2011), holding that an employee who misuses a company computer with fraudulent intent violates the Computer Fraud and Abuse Act (CFAA), 18 USC 1030 et seq http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/7386e2f2-1b82-4412-823a-e44e4abca61d http://www.morganlewis.com/pubs/LIT-LEPG_LFpodcast_SupremeCourtRulesFAAPreemptsStateLawRule_28april11.mp3 In AT&T Mobility, LLC v Concepcion, No 09-893,—US—(Apr 27, 2011), the US Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) prohibits states from conditioning the enforceability of consumer arbitration agreements on the availability of classwide dispute resolution procedures The Court‘s decision in Concepcion will have potentially profound effects on the future of certain types of class action litigation, including litigation outside the consumer class action context In endorsing in the strongest terms the federal policy favoring arbitration embodied in the FAA, the Court seriously undermined—if not overruled—numerous decisions that have voided as unconscionable class and collective action waivers in arbitration agreements The ruling in Concepcion provides defendants with powerful arguments that the FAA requires enforcement of class action waivers in arbitration agreements, and thus may enable parties to reduce significantly their exposure to class action liability through properly drafted arbitration agreements Thu, 28 Apr 2011 01:00:00 -0500 J Cooney, Jr Joseph Duffy Kristofor Henning Kenneth Kliebard Molly Lane John Lavelle, Jr Gregory Parks Scott Schutte In AT&T Mobility, LLC v Concepcion, No 09-893,--US--(Apr 27, 2011), the US Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) prohibits states from conditioning the enforceability of consumer arbitration agreements on the availability of classwide dispute resolution procedures http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/4a4a4bbf-5bfa-49b3-b8e4-36e1eb2218e1 http://www.morganlewis.com/pubs/LEPG_LFpodcast_PhilaBanTheBoxOrdinance_18april11.mp3 A Philadelphia law that prohibits covered employers from inquiring about applicants‘ criminal histories until after the first interview was signed into law today by Philadelphia Mayor Michael Nutter The Fair Criminal Record Screening Standards Ordinance (the Ordinance) will take effect on July 12, 2011 As a result, Philadelphia employers will soon be prohibited from including a &qout;box&qout; on employment applications that an applicant is required to check if he or she has been convicted of a crime Mon, 18 Apr 2011 01:00:00 -0500 A Philadelphia law that prohibits covered employers from inquiring about applicants‘ criminal histories until after the first interview was signed into law today by Philadelphia Mayor Michael Nutter http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/5f14cb1c-2509-4be5-b569-445e90594a75 http://www.morganlewis.com/pubs/LEPG_GTDT2010_AgeDiscrimination_podcast.mp3 The Getting the Deal Through annual reports provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners, and business people Sat, 02 Apr 2011 01:00:00 -0500 Matthew Howse The Getting the Deal Through annual reports provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners, and business people http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/f5460f3e-f118-4792-ab8d-db59bc2ee6fa http://www.morganlewis.com/pubs/LEPG_GTDT2010_GlobalOverview_podcast.mp3 The Getting the Deal Through annual reports provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners, and business people Fri, 01 Apr 2011 01:00:00 -0500 Mark Dichter Elliot Steelman Kenneth Turnbull The Getting the Deal Through annual reports provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners, and business people http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/7d570db4-3f7f-4a75-80ea-7904f71834fe http://www.morganlewis.com/pubs/LEPG_LFpodcast_StandardDeterminingCatsPawLiability_04march111.mp3 In a unanimous decision, the US Supreme Court on March 1 adopted a broad new standard for determining employer liability for so-called &qout;cat‘s paw&qout; claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA) Specifically, the Court, in Staub v Proctor Hospital, held that an employer may be liable for discrimination where the ultimate decision maker lacked discriminatory intent when making an employment decision, but relied, at least in part, on a supervisor who had such intent The Court also held that conducting an independent investigation does not necessarily shield an employer from &qout;cat‘s paw&qout; liability Fri, 04 Mar 2011 01:00:00 -0500 In a unanimous decision, the US Supreme Court on March 1 adopted a broad new standard for determining employer liability for so-called &qout;cat‘s paw&qout; claims under the Uniformed Services Employment and Reemployment Rights Act (USERRA) http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/a1825ecc-d136-40eb-a835-63418d2b4e78 http://www.morganlewis.com/pubs/Cohen_LegalTalkNetwork-C2C_040710_NLRB.mp3 Senior counsel and former NLRB member Charles Cohen discusses recent recess appointments to the National Labor Relations Board Wed, 07 Apr 2010 01:00:00 -0500 Charles Cohen Senior counsel and former NLRB member Charles Cohen discusses recent recess appointments to the National Labor Relations Board http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/9382621b-3269-479c-859b-1ae5b8f5a08b http://www.morganlewis.com/pubs/KAWhartonInterview_ManagingLayoffs_091125.mp3 The current downturn has left many companies scrambling to manage workplace issue—ranging from how to avoid a brain drain to how they can provide better value to customers and clients Employees, for their part, face the challenges that arise from working in a leaner organization that demands increased productivity with fewer resources Tue, 24 Nov 2009 01:00:00 -0500 Philip Miscimarra The current downturn has left many companies scrambling to manage workplace issue--ranging from how to avoid a brain drain to how they can provide better value to customers and clients Employees, for their part, face the challenges that arise from working in a leaner organization that demands increased productivity with fewer resources http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/4efe27cf-c8e4-4251-8caf-199eba1b1c0b http://www.morganlewis.com/pubs/Energy_FERCOrder697-C_Webcast_23sept09.mp3 This past June, FERC issued Order No 697-C, an order on rehearing of its orders issuing regulations applicable to public utilities authorized to sell electric capacity, energy, and ancillary services at market-based rates Wed, 23 Sep 2009 01:00:00 -0500 Michael Griffen Floyd Norton, IV This past June, FERC issued Order No 697-C, an order on rehearing of its orders issuing regulations applicable to public utilities authorized to sell electric capacity, energy, and ancillary services at market-based rates http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/e5d52350-fb93-482f-8fa7-1e7bd9698a5a http://www.morganlewis.com/pubs/CappelliInterview-Part3_031808.mp3 Welcome to Morgan Lewis‘s Workforce Strategy Podcast Series, offered in conjunction with the Wharton School of Business at the University of Pennsylvania Thu, 01 May 2008 01:00:00 -0500 Philip Miscimarra In this final in a series of three podcasts, Morgan Lewis Labor and Employment partner Philip A Miscimarra continues his interview with author Peter Cappelli, the George W Taylor Professor of Management and director of the Center for Human Resources at the Wharton School of Business, University of Pennsylvania http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/581c6638-549e-49bb-a564-fd00714eb2bc http://www.morganlewis.com/pubs/CappelliInterview-Part2_031808.mp3 Welcome to Morgan Lewis‘s Workforce Strategy Podcast Series, offered in conjunction with the Wharton School of Business at the University of Pennsylvania Wed, 16 Apr 2008 01:00:00 -0500 Philip Miscimarra In this second in a series of three podcasts, Morgan Lewis Labor and Employment partner Philip A Miscimarra continues his interview with author Peter Cappelli, the George W Taylor Professor of Management and director of the Center for Human Resources at the Wharton School of Business, University of Pennsylvania http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/6eebd9a9-bc8a-4599-a840-28f8dd579254 http://www.morganlewis.com/pubs/LEPG_TippedEmployees_LF_14apr08.mp3 In a decision that sent shock waves through the restaurant industry, with implications for businesses that rely upon &qout;tipped employees,&qout; a San Diego Superior Court judge issued a decision in Chau v Starbucks Corp, Case No GIC836925, on March 19, awarding more than $100 million to a class of former Starbucks &qout;baristas&qout; in California The award gave restitution for tips illegally paid to &qout;shift supervisors&qout; through the tip-pooling practice utilized by Starbucks Not surprisingly, following the court‘s ruling, at least three additional class actions accusing Starbucks of illegal tip-pooling practices were subsequently filed in state and federal courts across the country, including in New York, Minnesota, and Massachusetts More suits are expected, as more than 30 states have enacted some form of &qout;tip&qout; law The Starbucks verdict and these lawsuits have significant implications for any employer that relies upon &qout;tipped employees&qout; Mon, 14 Apr 2008 01:00:00 -0500 In a decision that sent shock waves through the restaurant industry, with implications for businesses that rely upon &qout;tipped employees,&qout; a San Diego Superior Court judge issued a decision in Chau v Starbucks Corp, Case No GIC836925, on March 19, awarding more than $100 million to a class of former Starbucks &qout;baristas&qout; in California http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c8d8119d-2c53-4883-9404-13917465618a http://www.morganlewis.com/pubs/CappelliInterview-Part1_031808.mp3 Welcome to Morgan Lewis‘s Workforce Strategy Podcast Series, offered in conjunction with the Wharton School of Business at the University of Pennsylvania Wed, 09 Apr 2008 01:00:00 -0500 Philip Miscimarra In this first in a series of three podcasts, Morgan Lewis Labor and Employment partner Philip A Miscimarra interviews author Peter Cappelli, the George W Taylor Professor of Management and director of the Center for Human Resources at the Wharton School of Business, University of Pennsylvania http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/8ac6bb52-b5c5-4ad6-94ed-bebc1b5ed2ef http://www.morganlewis.com/pubs/LEPG_DOLFMLARegulations_LF_11feb08.mp3 The US Department of Labor (DOL) will publish today in the Federal Register its proposed regulations under the Family and Medical Leave Act (FMLA) The proposals represent the first major regulatory update since the law’s enactment 15 years ago, and endeavor to provide much-needed clarification to long-debated issues in administering family leave Mon, 11 Feb 2008 01:00:00 -0500 The US Department of Labor (DOL) will publish today in the Federal Register its proposed regulations under the Family and Medical Leave Act (FMLA) The proposals represent the first major regulatory update since the law‘s enactment 15 years ago, and endeavor to provide much-needed clarification to long-debated issues in administering family leave http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/119959cf-38ff-41a0-813f-f91bfead7963 http://www.morganlewis.com/pubs/LEPG_FMLAArmedForces_LF_31jan08.mp3 This week, President Bush signed the National Defense Authorization Act for Fiscal Year 2008, which amends the Family and Medical Leave Act of 1993 (FMLA) to provide broader leave protections to families of members of the armed forces In short, the new FMLA provisions require employers to provide up to 26 weeks of leave in a single 12-month period for family members caring for injured service men and women, and up to 12 weeks of leave in a 12-month period to tend to any “exigency,” medical or otherwise, arising from a service member’s call to duty While Congress gave the US Department of Labor (DOL) rule-making authority to define certain terms and requirements under the act, employers will have to begin partial implementation immediately because the new provisions became effective upon the President’s signature on January 28 Thu, 31 Jan 2008 01:00:00 -0500 This week, President Bush signed the National Defense Authorization Act for Fiscal Year 2008, which amends the Family and Medical Leave Act of 1993 (FMLA) to provide broader leave protections to families of members of the armed forces http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/efd57d59-d2da-4527-b88a-d2cfe70d506c http://www.morganlewis.com/pubs/LEPG_TitleVIIClassActions_LF_20dec07.mp3 The Ninth Circuit panel that announced permissive standards for class certification of Title VII actions last February in Dukes v Wal-Mart, Inc, 474 F3d 1214 (9th Cir 2007) (Dukes I), now has revised its earlier class certification rulings in a decision that supersedes the February decision Dukes v Wal-Mart, Inc, __ F3d __, Nos 04-16688 and 04-16720, 2007 WL 4303055 (9th Cir Dec 11, 2007) (Dukes II) To view the Morgan Lewis LawFlash summarizing the Ninth Circuit’s February decision, please visit http://wwwmorganlewiscom/pubs/LEPG_DukesvWalMart_LF_15feb07pdf Thu, 20 Dec 2007 01:00:00 -0500 The Ninth Circuit panel that announced permissive standards for class certification of Title VII actions last February in Dukes v Wal-Mart, Inc, 474 F3d 1214 (9th Cir 2007) (Dukes I), now has revised its earlier class certification rulings in a decision that supersedes the February decision http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/fa2cc1d8-f952-485a-a139-5f5719c38fff http://www.morganlewis.com/pubs/LEPG_LumpSumPayments_LF_16nov07-audio.mp3 On November 5, 2007, the California Supreme Court issued its opinion in Gattuso v Harte-Hanks Shoppers, Inc, holding that an employer may indemnify employees for reasonable and necessary business expenses under California Labor Code § 2802 (Section 2802) by paying employees enhanced compensation in the form of salary or commissions The Court concluded, however, that there must be a means or method for apportioning the enhanced compensation between expense reimbursement and wages/salary, so as to delineate which amount is for labor performed and which is to meet its reimbursement obligation Fri, 16 Nov 2007 01:00:00 -0500 On November 5, 2007, the California Supreme Court issued its opinion in Gattuso v Harte-Hanks Shoppers, Inc, holding that an employer may indemnify employees for reasonable and necessary business expenses under California Labor Code 2802 (Section 2802) by paying employees enhanced compensation in the form of salary or commissions http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c38e70a0-f7e6-4e3c-aa82-a3d188167dc4 http://www.morganlewis.com/pubs/LEPG_NewOSHAReg_LF_16nov07-audio.mp3 The Occupational Safety and Health Administration (OSHA) of the Department of Labor has issued its final regulations requiring employers to pay for their employees’ personal protective equipment (PPE) These regulations end eight years of speculation, and pressure from courts, Congress, and labor unions, urging OSHA to move forward Fri, 16 Nov 2007 01:00:00 -0500 The Occupational Safety and Health Administration (OSHA) of the Department of Labor has issued its final regulations requiring employers to pay for their employees‘ personal protective equipment (PPE) These regulations end eight years of speculation, and pressure from courts, Congress, and labor unions, urging OSHA to move forward http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/1a452952-a445-492b-b7bd-2065475cd024 http://www.morganlewis.com/pubs/LEPG_NLRBRules_LF_17oct07-audio.mp3 In Supervalu, Inc, 351 NLRB No 41 (Sept 30, 2007), the National Labor Relations Board (Board) held that an “additional stores” clause in a collective bargaining agreement—a provision that requires the employer to recognize the union based on a card check at nonunion locations—is a permissive, not mandatory, subject of bargaining This decision sets an important precedent for all types of card check agreements under which the employees covered by the card check will constitute a separate bargaining unit Wed, 17 Oct 2007 01:00:00 -0500 In Supervalu, Inc, 351 NLRB No 41 (Sept 30, 2007), the National Labor Relations Board (Board) held that an &qout;additional stores&qout; clause in a collective bargaining agreement--a provision that requires the employer to recognize the union based on a card check at nonunion locations--is a permissive, not mandatory, subject of bargaining http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/c72cc802-39f1-42c4-9975-de7765d3dbab http://www.morganlewis.com/pubs/LEPG_CAMilitarySpouseLeave_LF_11oct07.mp3 On October 9, Governor Schwarzenegger signed California Assembly Bill (AB) 392 into law AB 392 adds Section 39510 to the California Military and Veterans Code and creates a new leave of absence right for spouses of military personnel while such personnel are on a leave of absence from deployment AB 392 states that Section 39510 takes effect immediately “[i]n order to serve the families of those troops currently serving in military conflicts in Iraq and Afghanistan, and to assure that these families are able to spend time together during the qualified member’s leave from deployment” Thu, 11 Oct 2007 01:00:00 -0500 On October 9, Governor Schwarzenegger signed California Assembly Bill (AB) 392 into law AB 392 adds Section 39510 to the California Military and Veterans Code and creates a new leave of absence right for spouses of military personnel while such personnel are on a leave of absence from deployment http://www.morganlewis.com/index.cfm/fuseaction/publication.detail/publicationID/2f1bdd59-9ee2-465b-b1ec-d88e045ec77c http://www.morganlewis.com/pubs/LEPG_NursingMothers_LF_24sept07.mp3 Last month, New York Governor Eliot Spitzer signed a new law protecting the rights of nursing mothers in the workplace Signifying the bipartisan support for this measure, the new law, titled the “Nursing Mothers in the Workplace Act” (the Act), was unanimously approved by the New York State Assembly and Senate Mon, 24 Sep 2007 01:00:00 -0500 Last month, New York Governor Eliot Spitzer signed a new law protecting the rights of nursing mothers in the workplace Signifying the bipartisan support for this measure, the new law, titled the &qout;Nursing Mothers in the Workplace Act&qout; (the Act), was unanimously approved by the New York State Assembly and Senate