Publications of Interest

1452 Publications Found

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05/15/12 District Court Blocks New NLRB Election Procedures

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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.

05/03/12 Phase 2 of Massachusetts CORI Changes Set to Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers taking advantage of increased access to criminal offender record information must comply with strict information-dissemination and recordkeeping guidelines.

05/02/12 Important Updates to Massachusetts’ Criminal Offender Record Information (CORI) Law, XpertHR podcast

Presentation | Podcast
Peter Mee

Morgan Lewis associate Peter Mee participated in a May 2, 2012, XpertHR podcast to discuss implementation issues on the revised Massachusetts' Criminal Offender Recor... more

04/30/12 Managing the Global Workforce: Greater Asian Market

Presentation | Webinar
Tony Mou, Eleanor Pelta, Mark Zelek, Zaitun Poonja

Morgan Lewis presented the third of four webinar sessions moderated by Morgan Lewis's International Labor and Employment team leader, Mark E. Zelek, entitled "Getting the Deal Through Labour & Employment 2011 - Managing t... more

04/30/12 New NLRB Election Rules Go into Effect April 30

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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.

04/27/12 EEOC Broadens and Clarifies Scope of Title VII Enforcement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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.

04/23/12 DLSE Updates California Wage Theft Prevention Act FAQs and Template

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Latest update from the DLSE answers many employer questions and provides updated and improved template for compliance with notice requirement.

04/20/12 OSHA Strengthens DOL's Whistleblower Protection Program

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

New initiatives bolster whistleblower program and challenge commonly used safety incentive programs; employers should reevaluate their programs and be prepared for extensive investigations.

04/18/12 Ethical Considerations for Labor and Employment Lawyers: A Case Study in Imputed Disqualification, presented at New Jersey Institute of Continuing Legal Education Annual Labor Law Forum.

Presentation | Speech
Richard Rosenblatt

04/17/12 NLRB Enjoined from Enforcing Notice-Posting Rule Pending Appeal

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

D.C. Circuit Order prevents the Board from enforcing rule until the court resolves all of the issues before it; oral arguments scheduled for September 2012.

04/16/12 South Carolina Court Strikes Down NLRB Notice-Posting Rule

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Judge holds that NLRB posting requirement exceeds Board's rulemaking authority under the Administrative Procedures Act.

04/13/12 California Supreme Court Clarifies Meal and Rest Break Obligations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Long-standing questions over California employers' responsibilities to provide meal and rest breaks, including frequency and timing, are resolved.

04/13/12 Managing the Global Workforce: Latin American Markets

Presentation | Webinar
A. James Vázquez-Azpiri, Mark Zelek

Morgan Lewis presented the second of four webinar sessions moderated by Morgan Lewis's International Labor and Employment team leader, Mark E. Zelek, entitled "Getting the Deal Through Labour & Employment 2011 - Managing ... more

April 2012 Corporate Spending Post-Citizens United Decision Comes under Attack

LawFlash/Client Alert | Cross-Practice Alert
Timothy Lynch, Doreen Davis, Linda Griggs

The Supreme Court decision in Citizens United v. Federal Election Commission , 558 U.S. —, 130 S.Ct. 876 (2010), lifted long-standing limits on corporate and labor union political spending. Prior to Citizens United , ... more

04/05/12 EEOC Issues Rule Amending Its ADEA Regulation

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Final rule discusses the regulation's RFOA defense and its impact on disparate treatment and disparate impact claims.

04/02/12 Courts Reject NLRB’s Ruling That Arbitration Agreements Violate NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Three district courts to consider D.R. 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.

April 2012 People May Talk, Corporate Counsel

Outside Publication | Article
Doreen Davis, Ann Painter

03/30/12 Intern Programs: Emerging Legal Risks for Employers

Presentation | Webinar
Corrie Conway, Russell Bruch

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. Morgan Lewis presen... more

03/30/12 UK Employment Law Changes

LawFlash/Client Alert | Labor and Employment LawFlash
Celia Kendrick, Matthew Howse

Government's efforts to spur economic growth lengthen the qualifying period for unfair dismissal claims and streamline Employment Tribunal procedures.

03/23/12 UK Court Decision on Objective Justification for Age Discrimination Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Matthew Howse, Robert Sinclair

Long awaited judgment from the Court of Appeal focuses on the merits of the 'cost-alone' argument.

03/15/12 UK Government Introduces Further Changes to Immigration Rules

LawFlash/Client Alert | Immigration Alert
Gemma Goodhead, Nicholas Hobson

New changes to Immigration Rules affect migrant workers and students and include minimum salary thresholds for indefinite leave to remain (ILR) applicants, a new visitor category, and a Graduate Entrepreneur route.

03/08/12 Managing the Global Workforce Series: The United Kingdom and European Union Countries

Presentation | Webinar
A. James Vázquez-Azpiri, Tram-Anh Frank, François Vergne, Matthew Howse, Tony Mou, Mark Zelek, Eleanor Pelta, Walter Ahrens, Denise Backhouse, Zaitun Poonja

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 "Getting the Deal Through Labour & Employment 2011 - Man... more

03/06/12 D.C. Court Issues Split Decision in NLRB Notice Case

LawFlash/Client Alert | Labor and Employment LawFlash
Doreen Davis, Ross Friedman

Judge upholds Board's authority to issue the rule requiring notice, but strikes down penalty provisions.

03/03/12 Angels, Demons and the NLRB — Perspectives on Congressional Oversight, paper presented to the American Bar Association, Committee on Practice and Procedure Under the NLRA, Midwinter Meeting

Presentation | Speech
Philip Miscimarra

02/28/12 Power Harassment in the Workplace

LawFlash/Client Alert | Morgan Lewis-TMI LawFlash
David McManus, Lisa Yano, Gregory Salathé

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.

02/24/12 The Road Ahead for Immigration Issues, Part 1: The Most Important Immigration Developments for 2012

Presentation | Podcast
Eleanor Pelta

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 t... more

02/24/12 The Road Ahead for Immigration Issues, Part 2: Immigration Issues Before The United States Supreme Court

Presentation | Podcast
Eleanor Pelta

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 t... more

02/24/12 The Road Ahead for Immigration Issues, Part 3: From the AILA President’s Perspective – AILA’s goals and mission in 2012

Presentation | Podcast
Eleanor Pelta

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 t... more

02/19/12 Report of the Fiduciary Responsibility Subcommittee, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting, San Diego, CA

Presentation | Speech
Sean McMahan, Deborah Davidson, Jeffrey Kmoch, Erica Flores, Simon Torres, Emily Glunz, Allison Powers

02/11/12 Practical Considerations When Hiring Employees With Restrictive Covenants, presented at the Fighting and Defeating Restrictive Covenants ICLE Seminar

Presentation | Speech
Richard Rosenblatt

02/10/12 Statistical Sampling Inappropriate in Wage and Hour Class Action

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

California Court of Appeal reaffirms in Duran v. U.S. Bank National Association that class actions cannot trump a defendant's due process rights.

02/07/12 DOL Proposes New FMLA Regulations on Military Family Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Michael Ossip, Corrie Conway, Silvia LeBlanc, Sarah Andrews

Proposed rules impact exigency leave and military caregiver leave and include clarifications on increments of intermittent leave.

02/06/12 DLSE Updates California Wage Theft Prevention Act FAQs

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Despite the DLSE's effort to provide guidance to employers on compliance with the act, questions remain.

02/06/12 Venture-Ready Entrepreneur Workshop: Keeping Foreign Entrepreneurs (and Their Startups) in the United States

Presentation | Webinar
Lisa Burton, Jeffrey Bodle, Eleanor Pelta

Morgan Lewis partners, Jeffrey Bodle, Lisa Burton, and Eleanor Pelta presented the Venture Ready Entrepreneur Workshop Series webinar focusing on immigration. According to the U.S. Department of Labor, entrepreneurs drive Am... more

02/03/12 Class Action Arbitration Waiver Rejected by Federal Appellate Court

LawFlash/Client Alert | Class Actions LawFlash
Litigation Practice

Second Circuit sidesteps Concepcion and holds that the ability to enforce federal statutory rights mandates that a plaintiff be allowed to pursue a class action in court notwithstanding the parties' agreement to mandatory arbitration.

02/01/12 Overhaul of European Data Protection Law Announced

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Celia Kendrick, François Vergne, Matthew Howse, Walter Ahrens

European Commission proposal for a new General Data Protection Regulation aims to strengthen and harmonise data protection law across Europe.

01/12/12 Independent Contractors: What You Should Know from Inside the Beltway

Presentation | Webinar
Claudia Hinsch, David Fuller, Michael Puma

Morgan Lewis presents the second webinar in our two-part series discussing the treatment of independent workers by the legislative and executive branches, including proposed independent contractor legislation and developments... more

01/10/12 New Jersey Adopts Uniform Trade Secrets Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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.

01/09/12 Arbitration Agreement Barring Class Litigation Violates the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The NLRB in D.R. 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 "class" or "collective" claims in court or arbitration.

12/30/11 California Wage Theft Prevention Act Takes Effect January 1, 2012

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

DLSE issues template notice for use by employers.

12/21/11 NLRB Implements Extraordinary Regulatory Overhaul to Election Procedures

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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.

2011 Contributing author, Chapter 19, “Collective Actions,” 2011 Supplement to The Fair Labor Standards Act (2d Ed), ABA Section of Labor and Employment Law

Outside Publication | Chapter
Michael Puma

12/16/11 Major Revisions Proposed to AAPs for Individuals with Disabilities

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Expansive new proposals by the Office of Federal Contract Compliance Programs would increase the affirmative action requirements for individuals with disabilities.

12/09/11 Direct Action Theory: Should a Single 401(k) Participant Be Allowed to Sue on Behalf of All Participants Without Certifying a Class Action?, Benefits Law Journal, Vol. 24, No. 4

Outside Publication | Article
Julia Sturniolo, Azeez Hayne, Lauren Buechner

In the past decade, it has become increasingly common for 401(k) plan participants to sue plan fiduciaries for alleged mismanagement of plan assets. For a variety of reasons, participants have generally filed these actions under ... more

12/07/11 Top 10 ERISA Decisions of 2011, presented at the Worldwide Employee Benefits 2011 year-end meeting, Chicago, IL

Presentation | Speech
Deborah Davidson

Winter 2011 Introduction to Representing Detained Asylum Seekers, @Law, Vol. 60, Issue 3

Outside Publication | Article
Katherine Dick

11/30/11 How Recent NLRB Decisions and Rulemakings Will Promote Union Organizing: What Union and Nonunion Companies Need to Know

Presentation | Webinar
Jonathan Fritts, Ross Friedman

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... more

11/30/11 Massachusetts Signs Law Prohibiting Gender Identity Discrimination

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 th... more

11/30/11 NLRB Votes in Favor of Major Changes to NLRA Election Procedures and House Passes “Workforce Democracy” Bill

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

By a 2–1 vote today, the National Labor Relations Board (NLRB or Board) decided to move forward with major changes to the Board's representation election procedures. The vote adopted a subset of procedural reforms first pr... more

11/29/11 Wal-Mart v. Dukes: Supreme Court Announces Stricter Class-Certification Standards, Westlaw Journal Employment

Outside Publication | Article
Grace Speights, Paul Evans

The U.S. Supreme Court's June 20 decision in Wal-Mart Stores Inc. v. Dukes et al. dealt a huge blow to plaintiffs seeking to certify employment discrimination class actions under Federal Rule of Civil Procedure 23, as well as con... more

December 2011 2012 Resolutions: Ensure Compliance with the ADA and ADAAA, Practical Law Company

Outside Publication | Article
Michael Ossip, David McManus, Christina Grese

In light of the ADAAA's broad definition of disability, it is imperative for employers to understand the new standards being applied in determining whether an individual has a covered disability, and focus their efforts on the in... more

November 2011 The Military Strategist’s Guide to Trial: The “Reserve Force,” Bender’s California Labor & Employment Bulletin, Vol. 2011, No. 11

Outside Publication | Article
Jason Mills

Bender's California Labor & Employment Bulletin summarizes legislative, judicial, and regulatory developments in California employment law, as well as significant developments in related federal law. more

11/28/11 Radical Reforms to UK's Employment Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Rachel Ashwood

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... more

11/22/11 California’s New Minimum Pay Requirements for Computer Professional Employees Take Effect January 1, 2012

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 Relati... more

11/22/11 UPDATE: New Jersey DOL Proposes to Restore the Accidentally Omitted “Inside Sales” Exemption to State’s Overtime Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Richard Rosenblatt, Thomas Linthorst

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, prof... more

November 2011 Wal-Mart v. Dukes: Supreme Court Announces Stricter Class-Certification Standards, Westlaw Journal Expert Commentary Series

Outside Publication | Article
Grace Speights, Paul Evans

11/16/11 Brief Filed in Litigation Challenging the NLRB’s Final Rule Requiring All Employers to Post Notice of Employee Rights Under the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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—i.e., the vast majority of employers doing business in the United ... more

11/14/11 Fiduciary Disclosures and Litigation, presented at the ABA JCEB 21st Annual National Institute on ERISA Litigation, Chicago, IL

Presentation | Speech
Deborah Davidson

11/14/11 New Jersey Department of Labor Issues a New Mandatory Notice Regarding Recordkeeping Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Richard Rosenblatt, James Walsh, Jr., Rene Johnson, Thomas Linthorst

The New Jersey Department of Labor (NJDOL) has issued a new six-page notice regarding an employer's recordkeeping requirements under "[s]tate wage, benefit and tax laws" that must be posted conspicuously, and distributed to all ... more

11/08/11 The Second Circuit Stance In Citigroup ERISA Litigation, Law360

Outside Publication | Article
Christopher Weals

11/04/11 Compensation and Pay Equity, presented at the California Employment Law Council Annual Meeting, San Francisco

Presentation | Speech
Daryl Landy

11/01/11 Paid Sick Leave Mandated for Many Employers in Philadelphia

LawFlash/Client Alert | Labor and Employment LawFlash
Michael Ossip, Michael Puma, Sarah Bouchard

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... more

10/28/11 New Wave of California Employment Laws Requires Prompt Action

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 compani... more

10/28/11 Second Circuit's Citigroup Decision Endorses Presumption of Prudence, Upholds Dismissal of Disclosure Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a much-anticipated decision, the U.S. 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 "presumption of prudence" that a plaintiff alleging fiduc... more

10/26/11 Responding to ICE Notices of Inspection, presented at the Federal Bar Association Annual Conference on Worksite Enforcement

Presentation | Speech
Eric Bord

10/24/11 New Jersey Conforms Its Overtime Regulations with the FLSA, But Forgets to Retain Its “Inside Sales” Exemption

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 ... more

10/12/11 New Legislation and Congressional Hearing Target NLRB's Union-Friendly Changes

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 12, the House Committee on Education and the Workforce conducted a hearing regarding new legislation—the Workforce Democracy and Fairness Act (H.R. 3094)—which would prevent the National Labor Relations Bo... more

10/12/11 Statement before the Committee on Education and the Workforce, U.S. House of Representatives Hearing on H.R. 3094, Workforce Democracy and Fairness Act

Presentation | Speech
Charles Cohen

10/11/11 New California Law Prescribes Stiff Penalties for Employers' Willful Misclassification of Employees as Independent Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 9, California Governor Jerry Brown signed into law Senate Bill 459, which prohibits employers from willfully misclassifying workers as independent contractors. The new law, designed to force businesses to rethink the... more

10/05/11 NLRB Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA Delayed Until January 31, 2012

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 5, the National Labor Relations Board (NLRB or Board) announced that it would delay the effective date, until January 31, 2012 , of its Final Rule requiring all employers subject to the Board's jurisdiction—i.e.... more

10/04/11 Buying Union-Staffed Companies: What Private Equity Firms Must Know and Do (a Dow Jones webinar)

Presentation | Webinar
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.

09/20/11 Mandatory Bonus Due to Employees Upon Certain Distributions of Dividends

LawFlash/Client Alert | Labor and Employment LawFlash
Roland Montfort, François Vergne

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 f... more

08/31/11 NLRB Issues Three Decisions Promoting Union Representation as Chairman Liebman's Board Term Ends

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 ... more

08/25/11 NLRB to Issue Final Rule Requiring All Employers (Even Nonunion Employers) to Post Notice of Employee Rights Under the NLRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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—i.e., ... more

08/22/11 Comments on the NLRB Proposed Rule Regarding Union Elections, submitted on behalf of the Coalition for a Democratic Workplace (CDW) to the National Labor Relations Board (NLRB)

Presentation | Comments
Lauren Marzullo, Ross Friedman, Philip Miscimarra, Charles Cohen

These comments to the National Labor Relations Board (NLRB or the Board), submitted on behalf of the CDW, address the Board's Proposed Rule on the filing and processing of petitions relating to union representation of employees f... more

08/17/11 OFCCP Takes Initial Steps to Require Burdensome Reporting of Compensation Data

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 contractor... more

08/01/11 California v. Safeway: Antitrust Risks of Employer Mutual Aid Assistance Agreements

LawFlash/Client Alert | Antitrust and Labor and Employment LawFlash
Antitrust and Labor and Employment Practices

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 cha... more

08/01/11 A Practical Approach to Diversity Programs, Human Resources Executive Online

Outside Publication | Article
Larry Turner

07/28/11 UK Supreme Court Clarifies Law on Sham Employment Contracts

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 ri... more

07/27/11 Procedural Strategies for Winning Retaliation Cases: Spotlight on Summary Judgment, presented at ACI’s National Forum on Defending and Managing High-Exposure Employment Claims of Retaliation and Discrimination

Presentation | Speech
Richard Rosenblatt

July 2011 NLRB Proposed Election Rules Discussion: Part 3

Presentation | Podcast
Philip Miscimarra, Charles Cohen

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, U.S. Chamber of Commerce Executive Director, Labor Law Policy, as they discuss proposed NLRB election rules.

July 2011 NLRB Proposed Election Rules Discussion: Part 2

Presentation | Podcast
Philip Miscimarra, Charles Cohen

July 2011 NLRB Proposed Election Rules Discussion: Part 1

Presentation | Podcast
Philip Miscimarra, Charles Cohen

07/20/11 An Unprecedented Moment: The NLRB Hearings on Proposed Election Rules

Presentation | Podcast
Charles Cohen

Comments from Charles Cohen following his testimony at the National Labor Relations Board hearing on July 18, 2011.

07/19/11 The NLRB’s "Invisible hand," The Daily Caller

Outside Publication | Article
Philip Miscimarra

Adam Smith described an "invisible hand" that, in a free market economy, fosters growth based on competition, supply and demand, and private decision-making. But the economy produces winners and losers, and given the latest jo... more

07/07/11 Sullivan v. Oracle: Non-California Residents Working in California for California-Based Employers Are Subject to California Daily Overtime Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 Califo... more

07/06/11 Tracking Noncompete Enforcement In Texas, Law 360

Outside Publication | Article
Paulo McKeeby, Ronald Manthey

July 2011 Covenants Not to Compete, presented for the State Bar College 13th Annual Summer School

Presentation | Speech
Erin O'Driscoll

07/01/11 AT&T Mobility LLC v. Concepcion: How Will The Recent United States Supreme Court Holding in Concepcion Affect Employers in California?, California Labor & Employment Bulletin

Outside Publication | Article
Lauren Kim

July 2011 Compliance and the Corporate Lawyer, presented at a South Texas College of Law Employment Law Conference

Presentation | Speech
Erin O'Driscoll

June 2011 Co-author, Can a USERRA Release be Bullet-Proof?, New Jersey Labor & Employment Law Quarterly, New Jersey State Bar Association

Outside Publication | Article
Zeenat Basrai

06/28/11 Texas Supreme Court Makes Enforcement of Noncompete Agreements Easier for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 Co... more

06/23/11 Connecticut to Become First State to Require Paid Sick Leave for Service Workers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 8, Governor Daniel P. Malloy (D) signed into law "An Act Mandating Employers Provide Paid Sick Leave To Employees" (the Act), which requires employers to provide paid sick leave to their service workers. The Act takes e... more

06/22/11 Dukes v. Wal-Mart: Supreme Court Announces New Class Action Standards That Will Substantially Curtail Employment Discrimination Class Actions, As Well As Consumer, Antitrust, and Other Class Actions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 20, in Dukes v. Wal-Mart , the U.S. 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 ... more

06/22/11 NLRB Proposes New Rules to Significantly Expedite the Union Election Process and Limit Employer Participation

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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... more

06/21/11 OLMS Proposes Significantly Expanded Employer and Consultant Reporting for Employee-Related “Persuader Activities”

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 U.S. Department of Labor's (DOL's) Office o... more

06/17/11 Capital Investment, Relocations, and Major Business Changes Under the NLRA, testimony before the Committee on Oversight and Government Reform, United States House of Representatives

Presentation | Speech
Philip Miscimarra

June 2011 Looking at Trial Through the Eyes of a Military Strategist, Bender’s Labor & Employment Bulletin, Vol. 2011, No. 6

Outside Publication | Article
Jason Mills

06/13/11 FASB Modifies Proposed Multiemployer Plan Participation Disclosures

LawFlash/Client Alert | Employee Benefits and Labor and Employment LawFlash
Employee Benefits and Labor and Employment Practices

At its meeting on May 31, the Financial Accounting Standards Board (FASB) tentatively agreed that it will not require employers to disclose an estimate of withdrawal liability for each material multiemployer defined benefit pl... more

06/06/11 ARB Ruling Takes Broad View of Scope of Protected Activity Under SOX

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In the latest sign that the Department of Labor (DOL) is taking a harder line against employers defending whistleblower claims under the Sarbanes-Oxley Act (SOX), the DOL's Administrative Review Board (ARB) recently ruled in S... more

06/06/11 Immigration Worksite Enforcement, presented at the Stanford University Law School, Arthur and Toni Rembe Rock Center for Corporate Governance, Palo Alto, CA

Presentation | Speech
Eric Bord

05/31/11 NLRB Sanctions Use of Inflatable Rats Against Secondary Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 i... more

05/25/11 SEC's Final Rules for Implementing Dodd-Frank Whistleblower Provisions: Important Implications for Covered Entities

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Thomas Linthorst, Sarah Bouchard

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), enac... more

05/24/11 Implications of Social Media for the Workplace and Employment Litigation, presented at an New Jersey Law Journal In-House Counsel CLE seminar

Presentation | Speech
Richard Rosenblatt

05/17/11 How to Survive or Avoid Employment Wage and Hour Litigation: Independent Contractors or Employees? Exempt or Non-Exempt Employees? Permissible or Prohibited Expense Deductions?, presented at the 2011 ALIC Annual Meeting: Surviving and Thriving After Financial Reform, Tuscon, AZ

Presentation | Speech
Christopher Parlo

05/17/11 U.S. Supreme Court Resolves Circuit Split: FCA Relators Cannot Base Claims on Information Received Through FOIA Requests

LawFlash/Client Alert | Litigation LawFlash
Kathleen McDermott, Daniele Capasso, Meredith Auten

The U.S. Supreme Court resolved a split among federal circuits in its May 16 ruling that the public disclosure bar of the federal False Claims Act (FCA) precludes plaintiffs from bringing claims under the FCA based on informatio... more

May 2011 Looking at Trial Through the Eyes of a Military Strategist, Bender’s California Labor & Employment Bulletin, Vol. 2011, No. 5

Outside Publication | Article
Jason Mills

05/13/11 Department of Labor Releases Timesheet Smartphone "App" for Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On May 9, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) launched its first application (or "app") for smartphone platforms. The app (dubbed "DOL-Timesheet App") is an electronic timesheet that allows em... more

05/06/11 United States v. Nosal: Ninth Circuit Decision Increases Protection Against Employee Computer Data Theft

LawFlash/Client Alert | Unfair Competition/Trade Secrets LawFlash
Labor and Employment and Intellectual Property Practices

The U.S. 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 (9... more

05/06/11 Can Opening Statements Be Persuasive Without Being Argumentative?, presented at the 2010 Spring Conference and Induction of Fellows of the Litigation Counsel of America (LCA)

Presentation | Speech
Larry Turner

04/28/11 U.S. Supreme Court: FAA Preempts State Law Rule That a Class Action Waiver in a Consumer Arbitration Clause Is Unconscionable

LawFlash/Client Alert | Litigation LawFlash
John Lavelle, Jr., Kristofor Henning, Kenneth Kliebard, Gregory Parks, Scott Schutte, J. Cooney, Jr., Joseph Duffy, Molly Lane

In AT&T Mobility, LLC v. Concepcion , No. 09-893,—U.S.—(Apr. 27, 2011), the U.S. Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) prohibits states from conditioning the enforceability ... more

04/27/11 Whistleblower Protections in the Dodd-Frank Wall Street Reform and Consumer Protection Act, presented at the 2011 National Employment Law Council Annual Conference, New Orleans, Louisiana

Presentation | Speech
Larry Turner

04/18/11 Philadelphia Continues National Trend by Enacting “Ban the Box” Ordinance Prohibiting Inquiries Regarding Criminal Convictions on Employment Applications

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

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 Sc... more

04/04/11 New York DOL Publishes Guidelines, Instructions, and Templates for Compliance with New York Wage Theft Prevention Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As we reported in our December 15, 2010 LawFlash,[1] the New York Wage Theft Prevention Act (the Act), which becomes effective on April 9, 2011, dramatically increases an employer's notice an... more

2011 Four Years on—Dealing with Age Discrimination in the UK, Getting the Deal Through—Labour and Employment 2010 (Law Business Research Ltd.)

Outside Publication | Chapter
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. Morgan Lewis partners Mark Dichter... more

2011 Global Overview, Getting the Deal Through—Labour and Employment 2010 (Law Business Research Ltd.)

Outside Publication | Chapter
Kenneth Turnbull, Mark Dichter, Elliot Steelman

03/29/11 EEOC Issues Final ADAAA Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 25, the Equal Employment Opportunity Commission (EEOC) published in the Federal Register its long-awaited final regulations and accompanying Interpretive Guidance under the Americans with Disabilities Act Amendments A... more

03/24/11 Philadelphia Enacts Amendments to Its Fair Practices Ordinance Expanding Legal Protection Against Discrimination

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 10, the Philadelphia City Council unanimously passed legislation amending the Philadelphia Fair Practices Ordinance, Phila. Code § 9-1100 et seq . , to expand legal protections against discrimination. Today, Mayor... more

03/23/11 Supreme Court Holds FLSA Antiretaliation Provisions Cover Oral Complaints

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 22, in a 6-to-2 decision, the U.S. Supreme Court held that the Fair Labor Standards Act (FLSA) prohibits employers from retaliating against employees who "file" an oral complaint that the employer is violating the FLSA, ... more

03/17/11 Changes to Tier 1 of the Points-Based UK Immigration System Announced

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On 16 March 2011, the UK government published its statement of policy in relation to the changes to Tier 1 of the points-based immigration system in the UK. From 6 April 2011, Tier 1 (General) will be closed not only for applic... more

March 2011 2011 Mid-Winter Treatise Supplement: The Fair Labor Standard Act, American Bar Association

Outside Publication | Article
Larry Turner

03/04/11 Supreme Court Adopts Broad Standard for Determining “Cat’s Paw” Liability

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a unanimous decision, the U.S. Supreme Court on March 1 adopted a broad new standard for determining employer liability for so-called "cat's paw" claims under the Uniformed Services Employment and Reemployment Rights Act (USE... more

02/18/11 New York’s Hospitality Industry Wage Order’s Compliance Deadline Nears

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 15, 2010, the New York State Department of Labor (NYDOL) announced that it had finalized the state's Hospitality Industry Minimum Wage Order (the Wage Order). The Wage Order consolidates two separate but similar wag... more

2/17/2011 Panelist, Benefit Claim Litigation: Impact of Met Life & Conkright, presented at the 23rd Annual ERISA Litigation Conference, Orlando, FL

Presentation | Speech
Nicole Diller

02/17/11 Reform of Tier 2 of the UK’s Points-Based Immigration System

LawFlash/Client Alert | Labor and Employment LawFlash
Mark Dichter, Matthew Howse

In preparation for changes to the UK's point-based immigration system coming into effect from 6 April 2011, the UK Government has published a "statement of intent" which explains how the points-based system is to be changed. Th... more

02/14/11 Business Workshop: Righting Wrongful Discharge, Pittsburgh Post-Gazette (read the article)

Outside Publication | Article
Elizabeth Windsor

02/11/11 Outer Limits at the NLRB: Legislative Choices in the National Labor Relations Act, testimony before the Committee on Education and the Workforce (Subcommittee on Health, Employment, Labor, and Pensions), United States House of Representatives

Presentation | Speech
Philip Miscimarra

02/08/11 Howell v. Motorola: Seventh Circuit Endorses Employer Stock Fiduciary Discretion, But Muddies the Water on ERISA Section 404(c) Safe Harbor

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Participant lawsuits against 401(k) plan fiduciaries are increasingly prevalent, particularly with today's economic climate. Many of these challenges focus on the inclusion of company stock as an investment option available to ... more

02/01/11 Confusion Over “Voluntary” Departures When Evaluating WARN Notice Requirements: Employers Beware

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

One challenge faced by many employers is the need to anticipate whether and when a workforce reduction requires the issuance of advance written notices under the federal Worker Adjustment and Retraining Notification Act (WARN) o... more

02/01/11 New Disclosure Requirements for Participant-Directed Retirement Plans: What the Regulations Require and Their Potential Litigation Impact, republished nationally in Bender’s California Labor and Employment Bulletin

Outside Publication | Article
Nicole Diller

28 January 2011 Employers’ Concern Over Shared Parental Leave

Outside Publication | Article
Matthew Howse, Sarah Ash

01/28/11 Employment Tribunal Reform

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On 27 January, the UK Government published its proposals for resolving workplace disputes. These proposals are subject to consultation that ends on 20 April 2011, but, if implemented, will have a clear impact on employment prac... more

01/24/11 NLRB Issues Guidance Limiting Deferral to Arbitration Awards and Grievance Settlements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On January 20, the Acting General Counsel for the National Labor Relations Board (NLRB or Board) issued a "guideline" memorandum advocating more limited deferral to arbitration awards and grievance settlements in cases involving... more

01/13/11 UK Government Announces that the Default Retirement Age Will Be Phased Out

LawFlash/Client Alert | Labor and Employment LawFlash
Mark Dichter, Matthew Howse

The UK Government has today announced that the default retirement age (DRA) will be removed with effect from 1 October 2011. Transitional measures will be put in place between 6 April and 1 October 2011 to phase out the DRA. ... more

01/04/11 OFCCP Publishes Proposed Rescission of Compensation Standards and Self-Audit Guidelines

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a Federal Register Notice published on January 3, the Office of Federal Contract Compliance Programs (OFCCP) proposed to rescind the agency’s current systemic compensation discrimination standards and self-audit gui... more

January 2011 Who May Sue You And Why, How To Reduce Your Employee Retirement Income Security Act (Erisa) Risks, And The Role Of Fiduciary Liability Insurance

Outside Publication | Article
Charles Jackson

12/29/10 Changes in the Social Security Contributions Liability for 2011 in France: Spotlight on the Severance Indemnity

LawFlash/Client Alert | Labor and Employment LawFlash
François Vergne, Antoine Jouhet, Sarah-Jane Mirou

With the economic crisis, many European states are taking initiatives to limit their deficits. In France, the government has announced €47 billion in public savings in the country’s 2011 social security budget. Amo... more

12/23/10 NLRB Proposes Rule to Require Employers to Post Notice Informing Employees of Their Right to Join a Union and Strike

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 21, the National Labor Relations Board (Board) announced a new proposed rule that would require all employers subject to the Board's jurisdiction—the vast majority of employers doing business in the United St... more

12/22/10 DOL Issues Preliminary Interpretation of Nursing Mothers Amendment to FLSA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 21, the U.S. Department of Labor (DOL) published a Request for Information that contains its preliminary interpretations of the 2010 Nursing Mothers Amendment to the Fair Labor Standards Act (FLSA) enacted as... more

12/15/10 New York Wage Theft Prevention Act to Take Effect April 9, 2011

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 13, New York Governor David Patterson signed into law the Wage Theft Prevention Act (the Act). [1] The Act amends the New York Labor Law to provide additional notice and recordkee... more

12/09/10 NLRB Approves Prerecognition Employer-Union Bargaining

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

12/08/10 New Jersey Supreme Court Reinstates Jury Verdict on Retaliation Claim for Employee Who Took Confidential Company Documents

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 2, in Quinlan v. Curtiss-Wright Corp. , Docket No. 25-1-0217, the New Jersey Supreme Court reversed a lower court holding and reinstated a jury verdict in favor of a plaintiff who was fired after copying more than 1... more

12/06/10 Solicitor of Labor Pushes Aggressive Operating Plan for 2011 and Beyond

LawFlash/Client Alert | Labor and Employment LawFlash
Howard Radzely, Jonathan Snare

The Office of the Solicitor of Labor (SOL) has recently developed an Operating Plan for enforcement in 2011 and beyond. Because SOL is the legal enforcement arm of the Department of Labor (DOL or the Department), examining the ... more

12/03/10 New York Assembly Approves Wage Theft Prevention Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 30, the New York State Assembly gave final legislative approval to a bill targeted at employers that violate the state's wage laws. The bill (S08380), [1] which was approved by t... more

12/01/10 Genetic Information Nondiscrimination Act: A Primer on Title II

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

GINA at a Glance

Synopsis:

Prohibits employers from requesting, requiring, or purchasing genetic information in the workplace.

Employers Affected:

Applies to private and state and local go... more

December 2010 New Disclosure Requirements for Participant-Directed Retirement Plans: What the Regulations Require and Their Potential Litigation Impact, Bender's California Labor & Employment Bulletin

Outside Publication | Article
Christa Sanchez, Nicole Diller

11/30/10 Court Expands Scope of Pennsylvania “Wrongful Discharge” Claims and Recognizes Common Law Right to Pursue Punitive Damages for Violation of Military Leave Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision that potentially expands the scope of wrongful discharge claims in Pennsylvania to encompass claims for "failure to hire," [1] a military reservist who claims he was denied the... more

11/30/10 White House Announces Joint DOL-ABA Private Attorney Referral Program for FLSA and FMLA Claims; Employers Should Be Mindful of Potential Consequences

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 19, Vice President Joseph Biden announced a joint initiative between the Department of Labor (DOL or the Department) and the American Bar Association (ABA) to assist plaintiffs in obtaining legal counsel for claims u... more

11/29/10 New Jersey Supreme Court Rules That Each Paycheck Resulting from Prior Discriminatory Pay Decision Constitutes Unlawful Employment Practice

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Court Interprets the Law Against Discrimination Consistent with the Federal Lilly Ledbetter Fair Pay Act of 2009

11/19/10 Postemployment Restrictive Covenants at the Executive Level, Pension & Benefits Daily

Outside Publication | Article
Paulo McKeeby

11/16/10 Department of State Releases December 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its December 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa appl... more

11/12/10 SEC’s Proposed Rules for Implementing Dodd-Frank Whistleblower Provisions: Important Implications for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Securities and Exchange Commission (SEC) has proposed rules to implement the SEC whistleblower provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) enacted on July 21, 2010. The pro... more

11/11/10 EEOC Publishes Final Regulations Under Employment Provisions of the Genetic Information Nondiscrimination Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 9, the Equal Employment Opportunity Commission (EEOC) published its final regulations under Title II of the Genetic Information Nondiscrimination Act (GINA). Title II of GINA, which became effective in November 2009... more

11/09/10 Administrative Immigration Enforcement I: ICE, presented at the Federal Bar Association's What You Should Know About Workplace Enforcement and Immigration Conference 2010, Chicago

Presentation | Speech
Eric Bord

11/08/10 NLRB to Prosecute Charge Regarding Employer’s Social Media Policy

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The National Labor Relations Board (NLRB or the Board) has announced its intention to prosecute a charge that an employer's social media, blogging, and Internet posting policy violates the National Labor Relations Act (NLRA). ... more

10/27/10 National Labor Relations Board Orders Electronic Notice Posting, Compound Interest Moving Forward

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last week, the National Labor Relations Board (NLRB or Board) issued two decisions that modify its standard remedial order in unfair labor practice cases. In J. Picini Flooring , 356 N.L.R.B. No. 9, the Board modified its stan... more

10/15/10 UK Appeal Decision Gives Further Guidance on Appropriate Penalties for Failure to Inform and Consult on a TUPE Transfer

LawFlash/Client Alert | Labor and Employment LawFlash
Matthew Howse, Sarah Ash

On 13 October, the UK's Employment Appeal Tribunal (EAT) handed down its decision in Todd v Care Concern . This case concerned a seller's failure to properly inform and consult with employees regarding an impending transfer. T... more

10/14/10 Pennsylvania Law Provides Stringent Penalties for Misclassification of Construction Workers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 13, the Pennsylvania Construction Workplace Misclassification Act (the Act) was signed into law by Pennsylvania Governor Edward Rendell. The Act is designed to curtail worker misclassification in the construction ind... more

10/12/10 Department of State Releases November 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its November 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa appli... more

10/04/10 Acting NLRB General Counsel Announces a “Renewed Agency-Wide Focus on Interim Injunctive Relief”

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Introduction On September 30, the National Labor Relations Board's (NLRB's or the Board's) Acting General Counsel Lafe E. Solomon outlined a new initiative to expedite the processing of Section 10(j) requests in cases involv... more

10/01/10 UK Government Extends Right to Request a Flexible Working Arrangement

LawFlash/Client Alert | Labor and Employment LawFlash
Matthew Howse

On 30 September 2010 it was announced by the UK Government that the right to request a flexible working arrangement will once more be extended from April 2011, with the stated aim of creating a fairer and more family-friendly so... more

09/30/10 The Equality Act 2010: What’s All the Fuss About?

LawFlash/Client Alert | Labor and Employment LawFlash
Matthew Howse

Introduction The majority of the provisions of the Equality Act 2010 (the Act) come into force on 1 October 2010. The Act brings together 116 pieces of equality legislation concerning sex, race, disability, sexual orientatio... more

09/27/10 International Labor Laws, Organizations, and Directives and Their Impact on U.S. Based Multinational Corporations, presented at ACI's International Labor & Employment Law: A Boot Camp for U.S. Attorneys, New York

Presentation | Speech
Kenneth Turnbull

09/23/10 Overview of Recent Immigration News

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Fiscal Year (FY) 2010 Immigrant Visa Numbers The U.S. Department of State (DOS) has announced that the annual limit for immigrant visa numbers was exhausted on September 16, 2010 for all family-based preference categories an... more

September 2010 Morgan Lewis Workforce Change Inside Business

Newsletter | Morgan Lewis Workforce Change Inside Business
Labor and Employment Practice and the Employee Benefits Practice

In this issue: Post-transaction Labor, Employment, and Employee Benefits Integration Issues Once a corporate transaction closes and the dust settles, companies can often be left with a laundry list of labor, employment,... more

09/21/10 Revisiting the Moench Presumption 15 Years Later; Are the Courts Barking Up the Wrong Tree?, Pension & Benefits Daily

Outside Publication | Article
Simon Torres, Gregory Braden

09/15/10 Third Circuit Affirms That NutriSystem’s Call Center Sales Associates Are Exempt Under the FLSA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On September 7, the Third Circuit Court of Appeals affirmed a district court grant of summary judgment on behalf of NutriSystem, Inc. (NutriSystem) in Parker v. NutriSystem, Inc . [1] The Th... more

09/10/10 Department of State Releases October 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its October 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applica... more

09/10/10 New York Enacts Construction Worker Misclassification Law

LawFlash/Client Alert | Labor and Employment LawFlash
Thomas Linthorst

On August 27, New York Governor David A. Paterson signed into law the New York State Construction Industry Fair Play Act (the Act), designed to curtail worker misclassifications in the construction industry. The Act resulted fr... more

09/07/10 NLRB Expands the Tools Available for Unions to Target Neutral Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case of first impression, the National Labor Relations Board (NLRB or the Board), now operating under a Democratic majority, issued a controversial decision on August 27 that expands the labor movement's ability to wage pub... more

08/30/10 Kentucky Consular Center Conducting Telephonic Confirmation Regarding Nonimmigrant Visa Petitions

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The Kentucky Consular Center (KCC) has commenced verification of information contained in nonimmigrant visa petitions received from U.S. Citizenship and Immigration Services. The pilot program verifies information related to th... more

08/23/10 DHS to Institute Fee for Electronic System for Travel Authorization (ESTA) for Visa Waiver Program

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Under the Travel Promotion Act of 2009 (TPA), the U.S. Department of Homeland Security (DHS) will require travelers from Visa Waiver Program (VWP) countries to pay operational and travel promotion fees when applying for ESTA beg... more

08/12/10 Department of State Releases September 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its September 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa app... more

08/12/10 Illinois Laws Expand Wage Theft and Privacy Protections for Job Applicants and Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Over the last few weeks, Illinois Governor Pat Quinn has signed into law two bills that are likely to have a significant impact on employers within the state. The first amends the Illinois Wage Payment and Collection Act ... more

August 2010 Financial Reform Legislation: A Guide to the Employment-Related Provisions

Morgan Lewis Title | White Paper
Thomas Linthorst, Sarah Bouchard

The Wall Street Reform Act dramatically changes the employer-employee landscape, significantly expanding government oversight and regulation of the workplace for employers in the financial services industry and public companies.

08/04/10 First Minor Victory for 401(k) Fees Cases Signals Rejection of Industry Practice Challenges, Pension & Benefits Daily

Outside Publication | Article
Melissa Hill, Azeez Hayne

July 2010 Co-author, How Associates Can Enhance Client Service, ABA’s Litigation Section Committee on Corporate Counsel

Outside Publication | Article
Zeenat Basrai

07/30/10 Third Circuit Clarifies Availability of Preliminary Injunction to Prevent Former Employee from Working for a Competitor

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On July 27, in Bimbo Bakeries USA, Inc. v. Botticella , [1] the Third Circuit Court of Appeals affirmed the issuance of a preliminary injunction preventing the former Bimbo Bakeries vice pr... more

07/29/10 UK Government Announces Proposals to "Retire" Default Retirement Age by October 2011

LawFlash/Client Alert | Labor and Employment LawFlash
Rachel Ashwood, Matthew Howse

The UK government has today announced proposals to abolish the UK's Default Retirement Age (DRA) of 65. The proposals are subject to a consultation process; if implemented as set out in the consultation document, the DRA would ... more

07/23/10 The White House Urges the Senate to Pass Legislation to End the Gender Pay Gap

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On July 20, the White House made a strong push for the Senate to pass the Paycheck Fairness Act (theAct), which the House approved in January 2009 in a 256-163 vote. In written remarks, President Obama thanked the House for its... more

07/22/10 Broadening the Scope of FMLA, Pittsburgh Post-Gazette

Outside Publication | Article
Elizabeth Windsor

07/21/10 Electronic Signatures and Storage of Form I-9: New DHS Regulations

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On July 22, 2010, the Department of Homeland Security will publish a Final Rule that regulates how employers may use electronic systems to complete and to store their I-9 Forms. The Final Rule will take effect on August 22, 2010... more

July 2010 Independent Contractor Relationships and the Perils of Misclassification: What All Employees Should Know, BNA's MultiState Tax Report

Outside Publication | Article
Larry Turner, Christina Grese

Partner Larry Turner (PH) and associate Joy Grese (NY) teamed up to coauthor the Bureau of National Affairs (BNA) article, Independent Contractor Relationships and the Perils of Misclassification: What All Employers Should Know ... more

07/20/10 Congress Passes Sweeping Changes to Labor and Employment Whistleblower Protections

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Thomas Linthorst, Sarah Bouchard

The newly passed Dodd-Frank Wall Street Reform and Consumer Protection Act will be signed into law this week, strengthening the whistleblower provisions of the Sarbanes-Oxley Act and creating several new whistleblower programs.

07/13/10 Department of State Releases August 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its August 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicat... more

07/08/10 New Mine Safety Bill Includes Dramatic Changes to the Occupational Safety and Health Act of 1970

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 29, House and Senate Democrats released a summary and new discussion draft of the Miner Safety and Health Act of 2010 (MSHA legislation). In addition to expected major mine safety reforms, the discussion draft incorpora... more

07/06/10 New York Court of Appeals Limits Ability of Nonresident Plaintiffs Who Do Not Work in New York to Assert Claims Under City and State Human Rights Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On July 1, the New York Court of Appeals, in a 4-3 decision in Hoffman v. Parade Publications , [1] clarified the extraterritorial reach of the New York City and State Human Rights Laws. T... more

07/02/10 New Jersey Delays Implementation of Medical Marijuana Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A previous Morgan Lewis LawFlash, "New Jersey Employers Face New Questions Over Employee Marijuana Use" (January 10, 2010), reported that the New Jersey Legislature had passed the Compassionate Use Medical Marijuana Act (the Med... more

07/02/10 Pensions Review Means Auto-Enrolment Alterations Could Be Afoot, People Management

Outside Publication | Article
Rachel Ashwood

July 2010 The New Retaliation Wave: FLSA, FMLA, Third Party, presented at the South Texas College of Law

Presentation | Speech
Erin O'Driscoll

06/30/10 Tighter Controls to Be Placed on Migrant Workers Coming to the United Kingdom

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

Earlier this week the UK government announced controversial new plans to place a cap on the number of migrant workers from outside Europe entering the United Kingdom. This is just one of various measures being proposed to scale... more

06/24/10 DOL Interpretation Expands the Scope of "Parents" Eligible to Take FMLA Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 22, the U.S. Department of Labor (DOL) significantly increased the number of employees who will be eligible to take Family and Medical Leave Act (FMLA) leave to care for a child, by broadening the definition of who const... more

06/22/10 NLRB Issues Guidance Regarding Class Action Waivers in Individual Arbitration Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers are increasingly entering into mandatory arbitration agreements with individual employees, requiring that employment disputes be resolved by an arbitrator rather than in court. These agreements often contain class and... more

06/18/10 U.S. Supreme Court Rules 5-4: Two-Member National Labor Relations Board Lacked Authority to Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In New Process Steel, L.P. v. Nat'l Labor Relations Bd. , No. 08-1457, decided June 17, 2010, the U.S. Supreme Court held that Section 3(b) of the Taft-Hartley Act requires that the National Labor Relations Board (the Board) ma... more

06/18/10 U.S. Supreme Court Rules in Quon: Employee Text Messages Not Shielded from Employer Review

LawFlash/Client Alert | eData LawFlash
eData Practice

In a much-anticipated opinion in the Quon [1] matter, on June 17 the U.S. Supreme Court declined to set precedent on broad issues of employee privacy expectations in workplace communicatio... more

06/15/10 Miami-Dade County, Florida Refines Its Aggressive Employer Wage Theft Ordinance

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Miami-Dade County, Florida has amended its recently enacted Wage Theft Ordinance to redefine the "reasonable time" for the payment of wages. The ordinance now requires employers to pay wages to employees within 14 days of the w... more

06/14/10 Department of State Releases July 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its July 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicatio... more

06/14/10 The Stored Communications Act: District Court Issues First Opinion on Privacy Protection for Information on Social Networking and Web Hosting Sites

LawFlash/Client Alert | eData LawFlash
eData Practice

In a recent decision involving stored electronic communications held by third-party social networking sites Facebook and MySpace, Inc. (MySpace) and web hosting provider Media Temple, Inc. (Media Temple), Judge Margaret Morrow o... more

06/10/10 What the Labour Government did for employment law, Human Resources Magazine (read the article)

Outside Publication | Article
Rachel Ashwood

06/02/10 Managing Employment Litigation in a Volatile Economy, presented to the New England Legal Foundation, Boston

Presentation | Speech
Kenneth Turnbull

05/21/10 DOL Publishes Final Rules on Labor Law Posting for Federal Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On May 20, the U.S. Department of Labor (DOL) issued its final regulations describing how federal contractors and subcontractors will provide notice of employee rights under the federal labor laws. The final regulations were is... more

05/21/10 Sweeping Changes Made to Labor and Employment Whistleblower Protections

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Thomas Linthorst, Sarah Bouchard

Financial reform legislation, if signed, will—among other changes—allow employee whistleblowers to bypass Sarbanes-Oxley administrative proceedings and its 90-day statute of limitations for bringing retaliation claims.

05/20/10 In-House Roundtable: Corporate Counsel Insights for Managing the Risks of Wage and Hour Claims/Class Actions, presented at the American Conference Institute’s 9th National Forum on Wage & Hour Claims and Class Actions, New York

Presentation | Speech
Anne Estevez

05/20/10 Working with Outside Counsel and Exempt or Non-Exempt: Avoiding Critical Misclassifications and Defending Against a New Wave of Misclassification Claims, presented at the American Conference Institute’s 9th National Forum on Wage & Hour Claims and Class Actions, New York

Presentation | Speech
Anne Estevez

05/14/10 Department of State Releases June 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its June 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicatio... more

05/14/10 Dual Guidance Addresses Many Age 26 Adult Child Issues

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andy Anderson

Both the Internal Revenue Service (IRS) and the Tri-Agency Group (the IRS, the Department of Health and Human Services, and the Department of Labor) have released important new guidance on the operation and taxation of the age 2... more

05/14/10 HHS Releases Interim Final Regulations on Temporary Early Retiree Reinsurance Program

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andy Anderson

The Department of Health and Human Services (HHS) has released the first detailed guidance explaining the early retiree health benefit claim reinsurance program established under the Patient Protection and Affordable Care Act of... more

05/11/10 DOL Debuts Regulatory and Enforcement Agenda; New Burdens on Employers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Labor and Employment Practice

On April 26, the Department of Labor (DOL) released its spring 2010 regulatory agenda outlining its anticipated regulatory and enforcement focus for the upcoming year. In connection with the release of the spring 2010 agenda, t... more

05/07/10 New Connecticut Law Increases Penalties for Employer Misclassification of Independent Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A recently enacted Connecticut state law, H.B. 5204, increases the civil penalty imposed upon employers that are found to have engaged in the improper classification of independent contractors. Connecticut law previously provid... more

05/06/10 Employment: High Profile Issues and Workplace Controls, presented at the SIFMA Compliance & Legal Society 2010 Annual Seminar, Washington, D.C.

Presentation | Speech
Grace Speights

04/30/10 Arizona Passes Support Our Law Enforcement and Safe Neighborhoods Act

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On April 23, Arizona Governor Jan Brewer signed Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act into law. This law is designed to combat illegal immigration into the state of Arizona; its most controversial... more

04/28/10 California Supreme Court Broadens Scope of Judicial Review of Arbitration Awards in FEHA Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On April 26, in Pearson Dental Supplies, Inc. v. Superior Court (Turcios) , the California Supreme Court expanded the narrow scope of judicial review of an arbitration award in an employment case brought under California's Fa... more

04/27/10 Healthcare Reform Law and Mandatory Compliance Programs

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Scott Memmott, Howard Young

With the passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care Education Reconciliation Act of 2010 (the Healthcare Reform Law), Congress for the first time has mandated that a broad ra... more

04/23/10 Supreme Court Endorses Governing Standard for Mutual Fund Fees Cases Under Investment Company Act: An ERISA Perspective

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 30, in Jones v. Harris Associates L.P. , No. 08-586, __ U.S. __, 2010 WL 1189560 (Mar. 30, 2010) [1] , the U.S. Supreme Court unanimously affirmed the Second Circuit's analysis in ... more

04/22/10 Miami-Dade County Adopts Aggressive New Wage Theft Ordinance

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Employers who do business in Miami-Dade County, Florida (the County) must be aware that the County recently enacted an ordinance prohibiting wage theft. Ordinance No. 10-16, which became effective on March 1, 2010 (Wage Theft... more

04/21/10 New 50% Tax Credit/Cash Grant for Life Science Companies Requires Timely Determination of Eligibility and Application

LawFlash/Client Alert | Tax LawFlash
Gary Wilcox

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), provides for a valuable new 50% tax credit or equivalent cash grant, for... more

04/19/10 Healthcare Reform Law: Comparative Effectiveness Provisions Concerning Healthcare Products and Services

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Stephen Mahinka

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains provisions supporting the development of comparative effectiven... more

04/15/10 Healthcare Reform Law: A New Regulatory Pathway for Biosimilar Biological Products

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo, Phoebe Mounts

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), establishes an abbreviated licensure pathway for biosimilar biological p... more

04/15/10 Healthcare Reform Law: Impact on Pharmaceutical Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), will have a number of direct and indirect effects on pharmaceuti... more

04/14/10 Department of State Releases May 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its May 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa application... more

04/14/10 Healthcare Reform Law Leads to Significant Changes to the 340B Program

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), provides for a number of significant revisions to the existing 3... more

04/14/10 Immediate Healthcare Reform Law Issues for Group Health Plans Come Into Sharper Focus

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Saghi Fattahian, Andy Anderson

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), creates a number of immediate issues for employer group health plans. Some o... more

04/13/10 Healthcare Reform Law Imposes New Tax and Other Requirements for Device Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
M. Elizabeth Bierman, Michele Buenafe

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), presents a number of new issues for medical device manufacturers. Devic... more

04/13/10 Healthcare Reform Law: Issues Affecting Hospitals and Health Systems

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andrew Ruskin, Albert Shay

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes substantial changes that will affect how hospitals of all types... more

04/09/10 Details About OSHA’s Severe Violator Enforcement Program Emerge

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last year, as part of a department-wide initiative to sharpen the U.S. Department of Labor's (DOL's) focus on "indifferent" repeat-offense employers, Secretary of Labor Hilda Solis announced that the Occupational Safety and Heal... more

04/09/10 FY 2011 H-1B Cap Update

LawFlash/Client Alert | Immigration Alert
Immigration Practice

U.S. Citizenship and Immigration Services (USCIS) today announced that it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both... more

04/09/10 Healthcare Reform Law Cuts Medicare Advantage Payments and (Mostly) Increases Prescription Drug Program Payments

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Joyce Cowan

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (Healthcare Reform Law) makes substantial changes to the Medicare Part C Medicare Advantage (MA) and M... more

04/09/10 U.S. Department of Labor and State Agencies Step Up Enforcement of Unpaid Internships

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Amidst high unemployment and continued cutbacks at many companies, unpaid internships have become increasingly common in the private sector. According to recent published reports, the U.S. Department of Labor (DOL) and several ... more

04/08/10 The Equality Bill in the UK: Ramifications for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice Christopher Hitchins

The Equality Bill in the UK on 7 April passed the final stages of parliamentary approval and has been sent for Royal Assent before the General Election on 6 May 2010. It is likely that the majority of the new provisions will come... more

04/07/10 Healthcare Reform Law Requires Reasonable Break Times and Locations for Nursing Mothers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Michael Ossip

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes a provision that requires employers to provide covered employee... more

04/07/10 Two Appointments & the Future of the NLRB (a Legal Talk Network podcast)

Presentation | Podcast
Charles Cohen

Senior counsel and former NLRB member Charles Cohen discusses recent recess appointments to the National Labor Relations Board.

04/01/10 Forthcoming Employment Changes in the UK

LawFlash/Client Alert | Labor and Employment LawFlash
Mark Dichter, Matthew Howse

The month of April will see various changes to employment-related benefits and compensation take effect in the UK. The changes include the following:

April 2010 Putting the Hurt On—OSHA Enforcement is Muscling Up: Here's What You Can Do About It, Corporate Counsel

Outside Publication | Article
Jonathan Snare

April 2010 Understanding the Unemployment Trust Fund Crisis of 2010, National Employment Law Project

Outside Publication | Article
Andriette Roberts

03/31/10 Healthcare Reform Law: Healthcare Fraud and Abuse and Program Integrity Provisions

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott, Meredith Auten

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains more than 32 sections related to healthcare fraud and abuse and... more

03/31/10 New Jersey Employee Had Reasonable Expectation of Privacy in Attorney-Client Communications Exchanged Through a Personal Email Account Accessed on a Company Computer

LawFlash/Client Alert | Cross-Practice Alert
Labor and Employment, eData, and Litigation Practices

On March 30, the New Jersey Supreme Court affirmed the Appellate Division of the Superior Court's decision in Marina Stengart v. Loving Care Agency, Inc. , [1] and held that an employee has... more

March 2010 Employee Wellness Programs: What Every Employer Should Know, New Jersey Law Journal

Outside Publication | Article
Zeenat Basrai

03/30/10 Wage and Hour “Administrator Interpretations” to Replace Opinion Letters; Further Cutbacks in White Collar Overtime Exemptions Expected

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 24, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its first-ever "Administrator Interpretation." According to the WHD, these broad general pronouncements are designed to replace the more... more

03/29/10 Healthcare Reform Law Delivers New Transparency Requirements for the Health Industry

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law) provides for a number of new transparency requirements for several health ... more

03/26/10 HIRE Act Tax Incentives for Employers

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Hiring Incentives to Restore Employment Act (the HIRE Act), signed into law on March 18, provides immediate tax incentives of up to $6,621 for each qualified employee that employers hire after February 3, 2010 and before Jan... more

03/26/10 Philadelphia Court of Common Pleas Holds “8 and 80” Overtime Formula Violates State Minimum Wage Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Hospitals, nursing homes, and similar employers throughout the country routinely pay their employees pursuant to an "8 and 80" overtime rule, under which employees are paid overtime for all hours worked in excess of eight in a s... more

03/25/10 Changes to Paternity Leave Entitlement

LawFlash/Client Alert | Labor and Employment LawFlash
Mark Dichter, Matthew Howse

Introduction The House of Lords has recently approved legislation which will allow new parents to share childcare responsibilities. Assuming the relevant eligibility requirements are satisfied, the current statutory posit... more

03/25/10 Healthcare Reform Law and Its Impact on Business: Ongoing Information and Analysis from Morgan Lewis

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Patient Protection and Affordable Care Act (the Healthcare Reform Law) that President Obama signed intlaw on March 23 contains a large number of provisions that will significantly affect businesses in the coming months and y... more

03/23/10 DOL Prepares to Implement the Executive Order on Mandatory Hiring of Predecessor Employees Under the Service Contract Act

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Labor and Employment Practice

Almost 14 months after President Obama signed Executive Order 13495, the Department of Labor issued a Notice of Proposed Rulemaking on March 19, 2010 to implement the order. Signed on January 30, 2009 and titled "Nondisplacemen... more

03/22/10 Federal Court Rejects Certification of Gender Discrimination Class Action Premised on Novel Theory

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On March 12, in Randall et al. v. Rolls-Royce Corporation , No. 06-cv-860-SEB-JMS, the Honorable Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana denied certification of a putative gender discr... more

03/19/10 Changes to Tiers 1 and 2 of the UK Immigration Points Based System

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

The way in which skilled migrant workers will qualify for permission to work in the United Kingdom will change with effect from 6 April 2010, following an announcement from the UK government on 18 March 2010 . The proposed new m... more

03/17/10 Federal Contractors to Be Evaluated on Compliance with Labor, Environmental, and Tax Laws

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Obama administration is expected to present a new system for evaluating, and giving preference to, federal contractors based on their record of compliance with labor, environmental, tax, and other laws . This sweeping additi... more

03/15/10 Department of State Releases April 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its April 2010 Visa Bulletin. The Visa Bulletin sets out per country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicati... more

03/11/10 Greece to Join the Visa Waiver Program

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The Department of Homeland Security (DHS) announced yesterday that Greece has been added to the list of approved Visa Waiver Program (VWP) countries. Greek citizens will be able to visit the United States under the VWP beginnin... more

03/10/10 California Court of Appeal Holds Witness Statements Not Protected by Work-Product Doctrine

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The California Court of Appeal's new decision in Coito v. Superior Court , ___ Cal. App. 5th ___ (Cal. Ct. App., 5th Dist., Mar. 4, 2010) opens a can of worms for employers relating to attorney work-product protection over thir... more

03/01/10 Occupational Safety and Health Administration Issues High Injury and Illness Notification Letters

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Occupational Safety and Health Administration (OSHA) recently sent letters to approximately 15,000 employers, notifying them that OSHA's data shows that their worksites reported among the highest Days Away, Restricted, and T... more

03/01/10 The Current State of Immigrant Petition Successorship in Interest, Bender's Immigration Bulletin

Outside Publication | Article
A. James Vázquez-Azpiri

02/26/10 Procedural Strategies for Winning Employment Discrimination Cases: Spotlight on Removal and Summary Judgment, presented at ACI's Forum on Defending and Managing Employment Discrimination Litigation, New York

Presentation | Speech
Richard Rosenblatt

02/23/10 D.C. Circuit: Ledbetter Law Does Not Apply to ADEA Promotion Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last week, in Schuler v. PricewaterhouseCoopers, LLP, Civ. No. 08-7115 (Feb. 16, 2010), the Court of Appeals for the District of Columbia Circuit held that the Lilly Ledbetter Fair Pay Act of 2009 (FPA), Pub. L. No. 111-2, does ... more

02/19/10 H-1B Filing Date Approaching; Employers Should Assess H-1B Needs Now

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On April 1, 2010, U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for FY 2011, with an employment start date of October 1, 2010. We recommend that all H-1B petitions subject to ... more

02/17/10 The Calm Before the Storm: Are You Ready for the EEOC?

Presentation | Webinar
Mark Dichter, Michael Burkhardt, Nancy Patterson

As the EEOC heightens scrutiny and enforcement against companies that use credit and criminal background checks as a component of the hiring process, it is imperative for you and your company to understand the legal parameters an... more

02/09/10 Department of State Releases March 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its March 2010 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicati... more

02/09/10 U.S. Department of Labor’s Proposed 2011 Budget Reflects an Increased Emphasis on Enforcement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On February 1, Secretary of Labor Hilda Solis released the Obama administration's proposed fiscal year 2011 budget for the U.S. Department of Labor (DOL or the Department). Adopting a theme of "good jobs for everyone," the DOL'... more

02/08/10 Does an Employer Own Customer Relationships Or Just Rent Them? New Jersey Law Journal

Outside Publication | Article
Richard Rosenblatt

February 2010 Managing the Compensable Workday in a New Electronic World, Employment Law Strategist, Vol. 17, No. 10

Outside Publication | Article
Michael Puma, Christopher Parlo

02/03/10 Noncompete Jurisprudence During The Recession, Law360

Outside Publication | Article
Daniel Johnson, Jr., Erica Flores, Larry Turner

01/29/10 Why The 3rd Circuit's Unisys Decision Defies ERISA, Employment Law360

Outside Publication | Article
John Richards, Christopher Weals

Senior counsel Christopher A. Weals and associate John R. Richards discuss the Third Circuit's recent decision in In re Unisys Corporation Retiree Medical Benefits ERISA Litigation , which will impact ERISA's disclosure scheme. ... more

2010 ERISA Class Exemptions, Third Edition, with 2009 Cumulative Supplement (BNA)

Outside Publication | Book
Michael Richman, Donald Myers

ERISA Class Exemptions, Third Edition provides a complete, up-to-date resource on ERISA class exemptions. It includes class exemption grants, amendments, and proposals, covering such important developments as the amended QPAM E... more

01/27/10 Helping Military Families, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Christopher Ramsey

01/25/10 Excessive Litigation: Engage at Your Own Risk, Daily Journal

Outside Publication | Article
Larry Lawrence, Robert Jon Hendricks

01/20/10 It’s January, Do You Know Where Your H-1Bs Are?

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On April 1, 2010, U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for FY 2011, with an employment start date of no sooner than October 1, 2010. Although the FY 2010 H-1B visa ca... more

01/14/10 Congress Considers Excise Tax Exemption for Collectively Bargained Plans in Healthcare Bill

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As the current congressional healthcare debate seemingly draws to a close, organized labor is at the heart of a potential compromise to bridge the divide between the House and Senate legislation. That compromise could, among ot... more

01/13/10 New Jersey Employers Face New Questions Over Employee Marijuana Use

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On January 11, the New Jersey Legislature passed the "Compassionate Use Medical Marijuana Act" (the Act), making New Jersey the fourteenth state to permit regulated use of medical marijuana. [1... more

01/13/10 Some FAQs on the Current Visa Application Delay Problem

LawFlash/Client Alert | Immigration Alert
Immigration Practice

What is the problem? A significant number of foreign national employees of companies in the United States applying for nonimmigrant visas at U.S. consulates overseas are experiencing delays in the issuance of these visas, ... more

01/12/10 Department of State Releases February 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its February 2010 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applic... more

2010 The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change (2d ed. 2010)

Outside Publication | Book
Michael Lignowski, Philip Miscimarra, Ross Friedman, Andrew Scroggins

12/22/09 Fiscal Year 2010 H-1B Cap Reached

LawFlash/Client Alert | Immigration Alert
Immigration Practice

U.S. Citizenship and Immigration Services (USCIS) has announced that as of December 21, 2009, sufficient H-1B petitions have been received to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B pet... more

12/11/09 January 2010 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its January 2010 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applica... more

12/09/09 Nurses Vote Unanimously to Form Largest RN Union

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 7, delegates to the founding convention of National Nurses United (NNU) held in Phoenix, Arizona voted unanimously to create a 150,000-member nursing "superunion." NNU is being formed through the consolidation of th... more

12/04/09 2009 Update on National and State Employment Law Issues, Trends, and Developments, presented at the Oklahoma Bar Review CLE and Consumer Finance Law Conference, Oklahoma City

Presentation | Speech
Rachel Morgan

12/04/09 SEIU Announces December 14 Protest of Financial Institutions Nationwide

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Service Employees International Union (SEIU), a politically active labor organization with close ties to the Obama Administration, announced that on December 14 it will engage in nationwide protests of financial institutions... more

12/03/09 California DLSE Issues Opinion Letter Regarding Deductions for Partial- and Full-Day Absences for Exempt Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On November 23, the California Division of Labor Standards Enforcement (DLSE) issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees' partial-day absences of fewer than four... more

12/03/09 NYDOL Reverses Position: Employers Not Required to Use Previously Published Wage Rate Notice and Acknowledgement Form

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Prior Morgan Lewis LawFlashes reported that a recent amendment to New York Labor Law Article 6, Section 195(1) requires employers to notify all newly hired employees at the time of hiring, in writing , of their regular rat... more

December 2009 The On-Duty Meal Period Provision: It's Not Just for Bus Drivers, Bender's California Labor & Employment Bulletin, Vol. 2009, No. 12

Outside Publication | Article
Jason Mills

11/24/09 Workplace Challenges: Managing Layoffs, and Motivating Those Left Behind (an interview with Knowledge@Wharton)

Presentation | Podcast
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 ... more

11/20/09 ICE Targeting Critical Infrastructure Employers for Investigation

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On November 19, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business ... more

11/19/09 OSHA Issues Crowd-Control Guidelines for Protecting Workers at Sales Events

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Occupational Safety and Health Administration (OSHA) published a fact sheet on November 17 providing crowd-control guidelines for retailers to protect workers during major sales events, like Black Friday. While compliance wi... more

11/18/09 Queen’s Speech Puts Forward Proposed UK Legislative Reform

LawFlash/Client Alert | Labor and Employment LawFlash
Mark Dichter

Traditionally in the United Kingdom, the reigning monarch delivers a speech at the annual State Opening of Parliament, setting out the policies and proposed legislative agenda of the Government in the new parliamentary session. ... more

11/17/09 ERISA Fiduciary Litigation, presented at the ABA JCEB 19th Annual National Institute on ERISA Litigation, Chicago

Presentation | Speech
Deborah Davidson, Emily Glunz

11/17/09 NYDOL Advises That All New Employees Must Sign Its Wage Rate Notice Acknowledgement Form

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Effective October 26, New York Labor Law Article 6, Section 195(1) requires employers to notify all newly hired employees at the time of hiring, in writing, of their regular rate of pay and regular pay day, and, for nonexempt em... more

11/16/09 Employer "Stock Drop" Litigation Under ERISA, presented at the ABA JCEB 19th Annual National Institute on ERISA Litigation, Chicago

Presentation | Speech
Deborah Davidson

11/12/09 USCIS to Temporarily Accept H-1B Petitions Filed Without a Certified LCA; December 2009 Visa Bulletin Published

LawFlash/Client Alert | Immigration Alert
Immigration Practice

USCIS to Temporarily Accept H-1B Petitions Filed Without a Certified LCA Due to continued Labor Condition Application (LCA) processing delays at the U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services... more

11/09/09 Department of Labor Issues Supplemental FAQs about the 2009 Form 5500 Schedule C Fee Disclosure Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 23, the U.S. Department of Labor (DOL) released its much-anticipated guidance on how to complete the new Schedule C to Form 5500. The new Schedule C must be used to report certain direct and indirect compensation rec... more

11/05/09 California Supreme Court Affirms Employer’s Right to Offer Voluntary Equity Plan

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision strengthening the right of employers and employees to negotiate the terms of employees' compensation, the California Supreme Court in Schachter v. Citigroup, Inc. , No. S161385 (November 2, 2009), affirmed summary... more

11/05/09 Expatriate Compensation, presented at PBI's 15th Annual Business Lawyers' Institute, Philadelphia

Presentation | Speech
David McManus

November 2009 International Perspectives: Labor and Employment Newsletter

Newsletter | International Perspectives
Walter Ahrens

Risk, Reward, and Reform: Remuneration Practices The big-bonus culture associated with financial services institutions worldwide has been heavily criticised in the media as being one of the main… more

11/02/09 FMLA Servicemember Leave Provisions Expanded

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last week, President Obama signed into law the Department of Defense Authorization Conference Report (DoD Authorization Law), P.L. No. 111-84, which, among other things, amends the Family and Medical Leave Act (FMLA) to do the fo... more

11/02/09 Litigators Beware: Late Reporting of Payments to Medicare Claimants May Result in Significant Penalties and Double Payments

LawFlash/Client Alert | Cross-Practice Alert
Litigation, Labor and Employment, FDA and Healthcare, and Employee Benefits Practices

If you, like many litigators, saw the word "Medicare" in the title above and were about to hit the "delete" button, please stop and read further-this alert has important information for you. As their January 1, 2010 effectiv... more

11/02/09 Tritium Exit Signs: REGULATORY ACTION TAKEN

LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices

If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Dem... more

November 2009 Presenter, Hot Topics in Employment Law, presented for the Houston Bar Association, Houston

Presentation | Speech
Stefanie Moll

10/16/09 India Clarifies Visa Requirements for Foreign Nationals Engaged in Contractual or Project-Related Work

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On August 20, the Government of India issued a letter through the Ministry of Commerce and Industry clarifying visa requirements with respect to foreign nationals who are engaged in contractual or project-related activities while... more

10/15/09 EPA Announces Guidance Relating to PCBs in Caulk of Buildings Constructed or Renovated Between 1950 and 1978

LawFlash/Client Alert | Environmental LawFlash
Environmental Practice

On September 25, the Environmental Protection Agency (EPA) announced new guidance for school administrators and building managers with recommendations for managing polychlorinated biphenyls (PCBs) in caulk and information to hel... more

10/15/09 November 2009 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its November 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority cut-off dates that regulate the flow of adjustment of status (AOS) and consular immigrant visa appli... more

10/14/09 OSHA Issues Comprehensive Proposed Revisions to Hazard Communication Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On September 30, the Occupational Health and Safety Administration (OSHA) published the first major proposed rulemaking of the Obama administration-the long-awaited comprehensive changes to the Hazard Communication Standard, 29 ... more

10/12/09 Important Recent Development in French Case Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

A French court decision affects the mobility clauses inserted into employment contracts governed by French law. By a decision dated September 23 (Société Renault Reagroup n° 07-44.200 FS-PBR), the Cour de c... more

10/12/09 U.S. Department of Labor Rejects Bush Administration LM-2 Union Reporting Changes

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a generally anticipated move, the U.S. Department of Labor's Office of Labor-Management Standards (OLMS) will publish a rule tomorrow rescinding the Bush administration's most recent changes to the LM-2 union report filed und... more

October 2009 Round 2: Fiduciaries Again Defeat ERISA Stock Claims at Trial in Brieger et al. v. Tellabs, Inc., PLUS Journal, Vol. XXII, No. 10

Outside Publication | Article
Christopher Weals, Charles Jackson

10/07/09 H1N1 (Swine) Flu Pandemic Preparations for Employers Webinar

Presentation | Webinar
Eleanor Pelta, Joyce Cowan, Jonathan Snare

10/06/09 Business Workshop: Bureaucracy Changes, Too Much Information, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Christopher Ramsey

10/02/09 Employing Illegal Immigrants: the Baroness Scotland Affair, People Management

Outside Publication | Article
Rachel Ashwood

10/02/09 Key Employment Law Changes Take Effect in the United Kingdom

LawFlash/Client Alert | Labor and Employment LawFlash
Rachel Ashwood

On 1 October 2009, several key changes in English employment law went into effect. This LawFlash examines the principal changes. Increase in the National Minimum Wage The National Minimum Wage (NMW) will increase from 1 ... more

October 2009 ERISA Judicial Review of Benefit Determinations Following MetLife v. Glenn: A Year in Review, Bender's California Labor & Employment Bulletin, Vol. 2009, No. 10

Outside Publication | Article
S. Bradley Perkins

October 2009 Privacy and Tort Rights, Employer Perspective, presented for the Houston Bar Association Labor & Employment Law Institute

Presentation | Speech
Erin O'Driscoll

09/30/09 The First 48 Hours: Critical Decisions to Get Right During an Environmental Crisis

Presentation | Webinar
John McAleese, III, Ronald Tenpas, Jonathan Snare

09/30/09 High Court Holds that the UK’s Default Retirement Age of 65 Is Lawful

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice Christopher Hitchins

Introduction On 25 September, the High Court in the UK delivered its long-awaited judgement in the " Heyday " case in R (on the Application of Age UK) v Secretary of State for Business, Innovation and Skills [2009] EWHC 233... more

09/25/09 Workplace Challenges of Influenza (Seasonal and H1N1)

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As the annual influenza season approaches, the U.S. Department of Health and Human Services’ Centers for Disease Control (CDC) has released its Guidance for Business and Employers to Plan and Respond to the 2009-2010 F... more

09/24/09 New Proposed EEOC Regulations Under the Americans with Disabilities Amendments Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Yesterday, the Equal Employment Opportunity Commission (EEOC) published in the Federal Register its proposed regulations and interpretive guidance under the Americans with Disabilities Amendments Act of 2008 (ADAAA). The ADAA... more

09/24/09 The Baroness Scotland Case Drives Home to HR the Importance of Rigorous Right to Work Checks, Human Resources Magazine (click here to read the article)

Outside Publication | Article
Christopher Hitchins, Rachel Ashwood

Third Quarter 2009 Preserving Retirement Income Security in a 401(k) World, The SPARK Journal

Outside Publication | Article
Lindsay Jackson

09/08/09 Tritium Exit Signs: UPDATE

LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices

09/08/09 UK Government Confirms Tighter Restrictions to Be Placed on Foreign Workers

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

On September 7, the UK government announced the implementation of new measures designed to ensure that British workers have every opportunity to apply for British jobs before the jobs are offered to overseas workers. These meas... more

September 2009 International Perspectives: Labor and Employment Newsletter

Newsletter | International Perspectives
Rachel Ashwood, Sarah-Jane Mirou

Going on a Summer Vacation: Vacation Entitlement Policies Summer vacation season provides a timely reminder for employers to consider whether their year-round vacation entitlement policies are… more

09/03/09 New Employees Must Receive Written Notice of Pay Information

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Currently, Section 195 of the New York Labor Law requires employers to notify new employees, at the time of hire, of their rate of pay and regular pay day, but it does not require this notification to be in writing. On July 28,... more

September 2009 Presenter, Workplace Investigations Webinar

Presentation | Webinar
Stefanie Moll

September 2009 The Ever-Widening Legal Morass Around Off-Label Communication, Washington Legal Foundation's Contemporary Legal Note Series, No. 63 (click here to read the article)

Outside Publication | Article
Kathleen Sanzo, Sandra Phillips, Sarah Bouchard

08/28/09 Site Inspections for Employers of H-1B and L Nonimmigrants and I-9 Audits on the Rise

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Employer Site Inspections Under a recent expansion of the Administrative Site Visit and Verification Program, onsite visits to employers of H-1B and L nonimmigrants are on the rise. Recent media reports have indicated that U... more

08/27/09 Federal Contract E-Verify Rule Survives Legal Challenge; Will Take Effect September 8, 2009

LawFlash/Client Alert | Immigration Alert
Immigration Practice

In a decision yesterday, a federal judge in Maryland upheld the legality of a federal regulation that will require many federal government contractors to use the E-Verify system to verify the employment eligibility of new hires ... more

08/27/09 FTC Cracks Down on Companies that Fail to Give FCRA-Required Notice to Rejected Job Applicants and Fired Workers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Two companies have agreed to pay a total of $77,000 in civil penalties to settle Federal Trade Commission (FTC) charges that they violated federal law by firing employees and rejecting job applicants based upon the results of ba... more

08/26/09 California DLSE Approves of Simultaneous Reduction of Workweek and Salary of Exempt Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a much-anticipated opinion, on August 19, the California Division of Labor Standards Enforcement (DLSE) aligned itself with federal law by allowing for the simultaneous reduction of a an exempt employee's workweek and salary ... more

08/25/09 The Implications of Stimulus Whistleblower Provisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As work on projects funded in whole or in part by stimulus money continues to increase, employers should be aware of extraordinarily broad whistleblower provisions contained in the American Recovery and Reinvestment Act of 2009,... more

08/24/09 Ninth Circuit Lowers the Bar for Sarbanes-Oxley Attorney Whistleblower Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 13, the U.S. Court of Appeals for the Ninth Circuit issued a unanimous opinion in Van Asdale v. International Game Technology that gives attorneys the green light to maintain their own claims under the whistleblower-... more

08/20/09 A Case for Reforming Tier 2 of the UK Points Based System?

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

Is there a case for reforming Tier 2 of the UK’s Points Based System for immigration, less than a year after it was introduced? The UK Migration Advisory Committee has now published its report into the workings of Tier 2. ... more

08/20/09 Eleventh Circuit: Damages Recoverable for Violations of Restrictive Covenants in Addition to Injunctive Relief

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In Proudfoot Consulting Company v. Gordon , Case No. 06-80959-CV-LRJ, the U.S. Court of Appeals for the Eleventh Circuit, applying Florida law, recently held that a plaintiff can recover damages, if proven, even after obtaining... more

08/14/09 FSA Introduces New Remuneration Code in the UK

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The UK's Financial Services Authority (FSA), which regulates the financial services industry, has introduced a new code that will require large banks, building societies and broker-dealers in the UK to establish, implement and m... more

08/12/09 September Visa Bulletin—Significant Forward Movement in the EB-2 Category for Chinese and Indian Nationals

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its September 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa appli... more

08/07/09 Proposed Extension of UK Points-Based Immigration System to British Citizenship Applications

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

On Monday 3 August, the UK government published plans to extend the UK points-based immigration system (currently applicable to foreign nationals seeking initial entry to the UK) to those seeking to stay permanently in the UK. ... more

08/04/09 DOL Publishes Proposed Regulations on Labor Law Posting for Federal Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 3, the Department of Labor (DOL) issued proposed regulations describing how federal contractors and subcontractors would be required to provide notice of employee rights under the federal labor laws. The proposed regu... more

07/31/09 DOL Leadership Taking Shape with OSHA and OFCCP Announcements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Obama administration has chosen leaders for two key agencies at the Department of Labor (DOL). First, President Obama has chosen Professor David Michaels to be Assistant Secretary of Labor for the Occupational Safety and Hea... more

07/30/09 Web 2.0 in the Workplace

Presentation | Webinar
Ann Painter, Eric Meckley, Christopher Parlo, Melinda Riechert

07/24/09 Federal Minimum Wage Increases to $7.25 Per Hour

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Effective today, the federal minimum wage has increased to $7.25 per hour. Please note that this increase is to the federal minimum wage. Many states have prescribed a higher minimum wage than that stipulated by federal law. ... more

07/21/09 EEOC Issues New Guidance on Discrimination Waivers and Releases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On July 15, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document concerning discrimination waivers and releases contained in employee severance agreements. The full text of the guidance, titled "Und... more

July 2009 Four from the U.S. Supreme Court, 2008-2009 Term, presented at the South Texas College of Law Employment Law Conference, Houston

Presentation | Speech
Erin O'Driscoll

07/16/09 Seventh Circuit Denies Reconsideration of 401(k) “Fees” Case

LawFlash/Client Alert | Labor and Employment LawFlash
Deborah Davidson, Sari Alamuddin, Charles Jackson

On June 24, the U.S. Court of Appeals for the Seventh Circuit denied the plaintiffs' petition for rehearing en banc in the John Deere 401(k) fees litigation. Hecker v. Deere & Co. , Nos. 07-3605, 08-1224, 2009 WL 179744... more

07/13/09 August Visa Bulletin—Significant Forward Movement in the EB-2 Category for Chinese and Indian Nationals

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its August 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicat... more

07/10/09 D.C. Circuit Finds Unlawful Discrimination Against Union Emails

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case involving employee use of a company email system for union-related purposes, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision in Register-Guard v. NLRB , No. 07-1528 (July 7, 2009), rej... more

07/10/09 Secretary of Labor to Eliminate the Employment Standards Administration

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

All employers should take note of a forthcoming significant reorganization at the Department of Labor (DOL) involving the Wage and Hour Division (WHD), the Office of Labor-Management Standards (OLMS), the Office of Federal Contr... more

07/08/09 DHS Issues Statement on Federal Contractor E-Verify Rule, Plans to Rescind Social Security No-Match Regulation; Senate Moves on Federal Contractor Legislation

LawFlash/Client Alert | Immigration Alert
Immigration Practice

In a July 8 press release, Department of Homeland Security (DHS) Secretary Janet Napolitano expressed her support for the federal contractor E-Verify regulation, and announced that the Obama administration would withdraw the Soci... more

July 2009 International Perspectives: Labor and Employment Newsletter

Newsletter | International Perspectives
Rachel Ashwood, François Vergne, Walter Ahrens, Sarah-Jane Mirou

Out with the Old and In with the New When the Employment Act 2008 came into force in the UK in April 2009, it introduced a new and simplified system of dealing with workplace problems, particularly discipline and grievance issu... more

07/06/09 Reminder: New Jersey Employees Now Eligible to Receive State Benefits Under New Jersey Family Leave Insurance Program

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On May 2, 2008, New Jersey Governor Jon Corzine signed an amendment to the Temporary Disability Benefits Law (TDBL) making employees who take “family temporary disability leave” eligible to apply to the state for up ... more

07/02/09 California Supreme Court: Labor Code PAGA Representative Actions Need Not Meet Class Action Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 29, the California Supreme Court issued a decision in Arias v. Superior Court (Angelo Dairy) , No. S155965 (June 29, 2009), that could result in even more lawsuits against employers over wage and hour claims. By ruling... more

07/01/09 I-9 Compliance, E-Verify & State Immigration Laws, presented at the 61st Annual SHRM Annual Conference 2009, New Orleans, LA

Presentation | Speech
Eric Bord

06/29/09 The Supreme Court Announces Heightened Standards for Justifying Race-Based Remedial Efforts Under Title VII

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In one of the most significant rulings of this 2009 term, the Supreme Court today announced in Ricci v. DeStefano that employers must have a "strong basis in evidence" for taking race-conscious remedial actions in response to ... more

06/25/09 Labor Condition Applications Must Be Filed Using iCERT Beginning June 30, 2009

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Beginning June 30, 2009, all labor condition applications (LCAs) must be filed through the new Department of Labor (DOL) portal, commonly known as iCERT. An LCA is required for all H-1B, H-1B1, and E-3 petitions. The electronic L... more

06/22/09 I-140 Premium Processing to Resume on June 29, 2009

LawFlash/Client Alert | Immigration Alert
Immigration Practice

U.S. Citizenship and Immigration Services (USCIS) announced that on June 29, 2009, it will resume premium processing for Form I-140, Immigrant Petition for Alien Worker. Form I-140 is filed by an employer on behalf of a fore... more

06/22/09 Supreme Court Rejects Mixed Motive Analysis for Age Claims Under the Age Discrimination in Employment Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 18, in Gross v. FBL Financial Services, Inc. , 557 U.S. __ (2009), the U.S. Supreme Court declined to apply the "mixed motive" framework to age discrimination claims under the Age Discrimination in Employment Act (ADEA)... more

06/18/09 Morgan Lewis Team Wins Second Post-Enron ERISA “Stock Drop” Trial for Tellabs

LawFlash/Client Alert | Labor and Employment LawFlash
Deborah Davidson, Sari Alamuddin, Charles Jackson

In only the second post- Enron ERISA "stock drop" case to go to trial—and the second to be tried by Morgan Lewis—a trial team led by Labor and Employment partners Chuck Jackson, Debbie Davidson, and Sari Alamuddin s... more

06/17/09 IRS “Crackdown” on the Taxation of Business Cell Phones and PDAs: IRS Commissioner Clarifies and Softens the IRS’s Stance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On June 10, the U.S. Department of Treasury (the Treasury Department) outlined a set of broad-based principles regarding compensation practices for companies to follow, particularly those companies in the financial sector, which... more

06/17/09 Opportunities in Infrastructure: Key Considerations in a New Landscape

Presentation | Webinar
Sara McCormick, Stephen Kinney, Jr., Paul Zaffuts, Jonathan Fritts, Tracy Steele

06/11/09 Employee Furloughs, Salary Reductions, and Voluntary Separation Programs: Questions for Employers Looking to Avoid More Layoffs Webinar

Presentation | Webinar
Michael Ossip, John Battenfeld, Ross Friedman

From state governments to Fortune 500 companies, employers are implementing mandatory employee furloughs to create immediate cost savings and avoid layoffs. Furloughs (leaves of absence imposed by employers on employees) can sign... more

06/11/09 Employers Should Stay the Course as WHO Declares H1N1 Pandemic

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The World Health Organization (WHO) today raised its pandemic alert level to its highest level, Phase 6, the pandemic phase, in response to the ongoing global spread of the H1N1 virus. The increased alert level relates only to ... more

06/11/09 July 2009 Visa Bulletin – Retrogression in the EB-2 Category for Chinese Nationals

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its July 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicat... more

06/11/09 The National Labor Relations Act, Union Organizing and Collective Bargaining: The Present and the Future, presented at the Labor and Employment Relations Association's 8th National Policy Forum, Washington, D.C.

Presentation | Speech
Charles Cohen

06/10/09 Fiduciary Responsibility Under ERISA, presented at the ABA 23rd Annual Institute on ERISA Basics, Chicago

Presentation | Speech
Deborah Davidson

06/05/09 Dealing with Tipped Employees: California Court of Appeal Reverses $105 Million Starbucks Verdict

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a decision with significant implications for California employers of tipped employees, on June 2 the California Court of Appeal reversed the decision of the San Diego Superior Court in Chau v. Starbucks Corp. , Case No. GIC8... more

06/01/09 Implementation of E-Verify Rule for Federal Contractors Delayed Again; Prospects Uncertain

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Further delays have occurred in the implementation of the Federal Acquisition Regulation Council's federal contractor E-Verify regulation, leaving its prospects for ultimate implementation increasingly uncertain. In an officia... more

05/21/09 Retrogression in the EB-2 Category for Chinese Nationals to Be Announced in July Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State (DOS), has stated that, based on current indications, it will be necessary to retrogress the EB-2 category cutoff date... more

05/20/09 Changing Employment Terms in an Economic Downturn: Alternatives to a Reduction in Force in Europe Webinar

Presentation | Webinar
David McManus, Walter Ahrens

International employers looking to ensure that their businesses remain competitive during the downturn are seeking ways to reduce expenditures without further reductions in headcount. Morgan Lewis's European Labor and Employment ... more

05/20/09 The Ghosts Of Arbitration Past, Present And Yet To Come: Insights About The Arbitration Fairness Act, published in the 2009 annual proceedings of the National Academy of Arbitrators

Outside Publication | Article
John Richards, Philip Miscimarra

May 2009 International Perspectives: Labor and Employment Newsletter

Newsletter | International Perspectives
Rachel Ashwood, Antoine Jouhet, François Vergne, Walter Ahrens

UK Immigration Update: Further Restrictions Placed on Foreign Nationals Seeking Work in the UK Coming just a few months after the introduction of the UK's new points-based immigration system (PBS), which aimed to simplify the..... more

05/12/09 June 2009 Visa Bulletin: Retrogression in the EB-2 Category for Indian Nationals

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its June 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicatio... more

05/04/09 Appropriate Employer Responses to Swine Flu Webinar

Presentation | Webinar
Nina Stillman, Jonathan Snare, Andy Anderson

This 90-minute webinar took an in-depth look into how employers can deal with the emergent issues and immediate questions that arise from the swine flu epidemic within the workforce. It also focused on creating long-term emergenc... more

05/04/09 Labor Condition Applications Must Be Filed Using iCert Beginning May 15, 2009; U.S. Embassy and U.S. Consulates in Mexico Suspend Nonessential Services Due to Swine Flu

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Labor Condition Applications Must Be Filed Using iCert Beginning May 15, 2009 Beginning May 15, 2009, all labor condition applications (LCAs) must be filed through the new Department of Labor (DOL) portal commonly known as ... more

04/30/09 Workplace Challenges of Swine Flu

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The reality of swine flu has now reached the American workplace, and employers are struggling to implement responses that protect their healthy employees, guard the privacy of stricken employees, and comply with applicable natio... more

04/29/09 Senators Durbin and Grassley Introduce The H-1B and L-1 Visa Reform Act

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On April 23, Senators Dick Durbin (D-IL) and Chuck Grassley (R-IA) introduced The H-1B and L-1 Visa Reform Act. The bill would significantly increase employers' obligations when hiring foreign nationals in H or L status and wou... more

04/23/09 Affirmative Action Obligations for New or Growing Federal Contractors Webinar

Presentation | Webinar
William Doyle, Jr., Jonathan Snare

04/16/09 Implementation of E-Verify Rule for Federal Contractors Faces Additional Delay and Uncertainty

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Implementation of the Federal Acquisition Regulation (FAR) Council's federal contractor E-Verify regulation will be further delayed and its prospects for ultimate implementation are increasingly uncertain. In an announcement e... more

April 2009 Morgan Lewis Workforce Change Inside Business

Newsletter | Morgan Lewis Workforce Change Inside Business
Labor and Employment Practice and the Employee Benefits Practice

In this issue: Workforce Reduction Most workforce reductions arise in circumstances where there is a critical need for speed: business is down, costs are up, and management decides it must reduce the workforce. RIF... more

04/09/09 Department of State Issues April 2009 Visa Bulletin and H-1B Cap Update

LawFlash/Client Alert | Immigration Alert
Immigration Practice

April 2009 Visa Bulletin The U.S. Department of State (DOS) has released its April 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and co... more

04/09/09 UK Employment Law Changes from April 2009

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Increase in Statutory Holiday Entitlement – 1 April 2009 Statutory Maternity Pay – 5 April 2009 Repeal of the Statutory Dispute Resolution Procedures – 6 April 2009 The Statutory Right to Request Fle... more

7 April 2009 Les clauses de non-sollicitation sous surveillance, Entreprises & Carrières

Outside Publication | Article
Antoine Jouhet

Les clauses de non-sollicitation : modalités et enjeux

04/07/09 Secretary of Labor Promises to Reinvigorate Enforcement of Wage and Hour Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

All employers should take note of a recent statement by Secretary of Labor Hilda Solis, who has promised to "reinvigorate the work" of the Department of Labor's (DOL's) Wage and Hour Division (WHD) and to "refocus the agency on... more

04/03/09 U.S. Supreme Court Rules 5-4 that Union-Represented Employees Can be Forced to Arbitrate Statutory Employment Discrimination Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On April 1, in 14 Penn Plaza LLC v. Pyett , No. 07-581, the U.S. Supreme Court upheld the enforceability of provisions contained in collective bargaining agreements (CBAs) mandating the arbitration of statutory claims, including... more

Spring 2009 Chair's Column, Employment & Labor Relations Law, Vol. 7, No. 3

Outside Publication | Article
Ann Painter

April 2009 Former Deputy Secretary of Labor on workplace policy changes HR leaders should watch now, HR Spectrum (click here to read the article)

Outside Publication | Article
Howard Radzely

April 2009 Presenter, The New FMLA Regulations, Houston

Presentation | Speech
Stefanie Moll

Spring 2009 The Credit Crisis and WARN’s Unforeseeable Business Circumstances Exception, Employment & Labor Relations Law, Vol. 7, No. 3

Outside Publication | Article
Ross Friedman

April 2009 Third Circuit Employment Law Developments, Pennsylvania Bar Association Quarterly

Outside Publication | Article
Michael Ossip

03/25/09 Eastern District of California Holds That Unlicensed Accountants Are Not Exempt from Overtime Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case that will be of interest to any company that employs unlicensed accountants, including professional accounting firms, the U.S. District Court for Eastern District of California under Judge Lawrence K. Karlton granted su... more

03/20/09 USCIS Publishes Revised I-9 Handbook for Employers

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Implementation of a new I-9 rule, previously scheduled for February 2, 2009, is now expected to occur on April 3, 2009. The new rule includes changes to the Form I-9 and changes to the list of acceptable documents for verifying... more

03/15/09 Q&A Session for "Managing European Employees In International Deals, Redundancies and Business Restructuring: The Evolving Legal Landscape," Eurowatch

Outside Publication | Article
François Vergne, Walter Ahrens

03/12/09 Borderless Organizations: The Challenges of Global Mobility, presented to the British-American Business Council, Philadelphia

Presentation | Speech
Eric Bord

03/11/09 Wow What a Year!: An Overview of Labor and Employment Legislation and Its Impact on Employers Webinar

Presentation | Webinar
Anne Brafford, Paul Evans

"What a Year Ahead! An Overview of Labor and Employment-Related Legislation and Its Impact on Employers" was the first in our series of five interactive Labor and Employment law webinars. Topics included: What to expec... more

03/10/09 Employee Free Choice Act Introduced in the House and Senate

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The much-anticipated Employee Free Choice Act (EFCA) was introduced today in the House and the Senate. The development comes after heavy speculation last week that Democrats were preparing to again push the legislation. As disc... more

03/10/09 FY 2010 H-1B Update and April 2009 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

H-1B Filing Date Approaches: Better Odds This Year? For the first time in several years, it is likely that the number of cap-subject H-1B petitions submitted to U.S. Citizenship and Immigration Services (USCIS) will decrease... more

03/09/09 I-9 Compliance, E-Verify and State Immigration Laws: Issues and Strategies, presented at the 2009 SHRM Employment Law and Legislative Conference, Washington, D.C.

Presentation | Speech
Eric Bord

03/04/09 Employee Free Choice Act May Be Introduced in Congress March 9

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Rumors have started to swirl from multiple sources that Representative George Miller (D-California) and Senator Ted Kennedy (D-Massachusetts) may introduce the Employee Free Choice Act (EFCA) in the House and possibly the Senate ... more

03/03/09 Further Restrictions to Be Placed on Foreign Nationals Seeking Work in the UK

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

Coming just a few months after the introduction of the UK's new points-based immigration system (PBS) (which aimed to simplify the immigration system by creating five separate tiers, each with its own conditions, entitlements, a... more

03/02/09 Eighth Circuit Renews OSHA’s Authority to Issue Multi-Employer Citations in the Construction Industry

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In decision released on February 26, Secretary of Labor v. Summit Contractors , No. 07-2191 (8th Cir., Feb. 25, 2009), the U.S. Court of Appeals for the Eighth Circuit vacated and remanded the Occupational Safety and Health Re... more

March 2009 Presenter, Reductions in Force: The Puzzle, the Process, the Alternatives, Houston

Presentation | Speech
Stefanie Moll

02/26/09 It’s Almost March! Do You Know Where Your H-1Bs Are?

LawFlash/Client Alert | Immigration Alert
Immigration Practice

United States Citizenship and Immigration Services (USCIS) will begin accepting FY 2010 H-1B petitions on April 1, 2009. We strongly recommend that all H-1B petitions subject to the 2010 cap be sent to the appropriate USCIS Ser... more

02/24/09 A Year in Review: 2008 Global Immigration Updates

LawFlash/Client Alert | Immigration Alert
Immigration Practice

7/01/2008 - France Allows A8 Nationals to Work and Reside in France without Prior Authorization As of July 1, 2008 France is allowing workers from the A8 accession nations (Czech Republic, Estonia, Hungary, Latvia, Lithuania... more

02/23/09 Germany: Immigration Law Changes Liberalize Labor Market for Certain Types of Employees

LawFlash/Client Alert | Immigration Alert
Immigration Practice

As previously announced by the German government in its policy document "Employment migration as means to secure a basis of qualified workers in Germany," on July 16, 2008 the Ordinance on Employment (the ordinance) regulating th... more

02/23/09 OSHRC Hearings and Mandatory Settlements—Steps for Ensuring Efficient, Fair Proceedings, presented at the 2009 ABA Occupational Safety and Health Law Committee Midwinter Committee Meeting, Miami

Presentation | Speech
Emily Bieber

02/20/09 ERISA Plan Fee Litigation and DOL Regulatory Developments, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting

Presentation | Speech
Deborah Davidson

02/19/09 Major Victory for Morgan Lewis Client Deere & Company in Nationwide 401(k) Fee and Expense ERISA Class Action

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Morgan Lewis recently secured a major victory for its client Deere & Company in a 401(k) "fee and expense" ERISA class action when, on February 12, the Seventh Circuit Court of Appeals affirmed the lower court's decision in ... more

02/17/09 Testing the Fundamentals: Managing Workforce Reductions in Difficult Times Webinar

Presentation | Webinar
Ann Painter, R. Tracht, Philip Miscimarra

02/13/09 ERISA Class Actions and Attorney Fee Issues, presented at the 21st Annual ERISA Litigation Conference, Orlando, FL

Presentation | Speech
Nicole Diller

02/13/09 New York Department of Labor Regulations Implement the New York State Worker Adjustment and Retraining Notification Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As we reported in our previous LawFlash, the New York State Worker Adjustment and Retraining Notification Act (New York WARN) is patterned in many ways after the federal Worker Adjustment and Retraining Act (WARN). The same can... more

02/12/09 Ledbetter Fair Pay Act of 2009: Brace for the Next Wave of Discrimination Litigation Webinar

Presentation | Webinar
William Doyle, Jr., Michael Burkhardt, Anne Brafford

02/11/09 2009 Offers Section 409A Correction Opportunities

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As employers come to grips with the new inflexibility of fully implemented section 409A requirements, potential section 409A violations and resulting adverse tax consequences are becoming a reality. Even so, there are some tool... more

02/11/09 Benefit Claims Update Pre-Conference Workshop, presented at the 21st Annual ERISA Litigation Conference, Orlando, FL

Presentation | Speech
Nicole Diller

02/10/09 Department of State Issues March 2009 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its March 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applicat... more

February 2009 Morgan Lewis Workforce Change Inside Business

Newsletter | Morgan Lewis Workforce Change Inside Business
Labor and Employment Practice and the Employee Benefits Practice

In this issue: Top Four WARN Mistakes Employers continue to struggle with the workforce reduction notice requirements imposed under the federal WARN law (the Worker Adjustment and Retraining Notification Act). This has ... more

02/05/09 President Obama Announces New Restrictions on Executive Compensation for Financial Institutions Receiving Government Assistance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On February 4, the White House and the U.S. Department of Treasury (the Treasury Department) issued a press release announcing new guidelines on executive pay for financial institutions receiving government assistance under the... more

02/04/09 Misclassification of Workers as Independent Contractors: The ABC's that Every Lawyer Should Know, presented at an ABA-sponsored nationwide teleconference

Presentation | Speech
Michael Ossip

02/02/09 New Executive Orders on Labor Relations Will Impact All Federal Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

With a quick stroke of the presidential pen on Friday, January 30, 2009, President Obama signed three executive orders that will greatly impact federal government contractors. The orders mark a dramatic shift from Bush administ... more

01/30/09 Are You Prepared? Significant Changes in Labor and Employment Legislation Have Arrived for 2009, presented at the Philadelphia SHRM Professional Development Series, Philadelphia

Presentation | Speech
Joseph Ragaglia

01/30/09 Communicating to Your Workforce: HR Compliance and Employee Relations, presented at the Philadelphia SHRM Professional Development Series, Philadelphia

Presentation | Speech
Joseph Ragaglia

01/30/09 Use of New Form I-9 Delayed Until April 3, 2009

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Form I-9 The Department of Homeland Security (DHS) has just announced that it is delaying the effective date of its interim final rule "Documents Acceptable for Employment Eligibility Verification," for 60 days, from Februar... more

01/28/09 H-1B Filing Date Approaching: Employers Should Assess H-1B Needs Now

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On April 1, 2009, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for the 2010 fiscal year that request an employment start date of October 1, 2009 or later. Only 65,000 cap... more

01/28/09 Implementation of E-Verify Rule for Federal Contractors Faces Additional Delay and Uncertainty

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Implementation of the Federal Acquisition Regulation (FAR) Council's federal contractor E-Verify regulation will be delayed until at least May 21, 2009, and its prospects for ultimate implementation are increasingly uncertain. ... more

2009 MLR European Workplace Training Course Catalogue

Marketing Material | Course Catalog

01/27/09 Employers Must Use New Form I-9 Beginning February 2, 2009

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Form I-9 Beginning February 2, 2009, employers must begin using the new Form I-9 available online at http://www.uscis.gov/files/form/I-9_IFR_02-0... more

01/27/09 European Court of Justice Rules in Favor of Holiday Pay for Workers on Sick Leave

LawFlash/Client Alert | Labor and Employment LawFlash
Walter Ahrens

Last week the European Court of Justice (ECJ) delivered its long-awaited judgment in the cases of Stringer v. HM Revenue and Customs (Stringer) and Schultz-Hoff v. Deutsche Rentenversicherung Bund (Schultz-Hoff) . The ECJ... more

01/27/09 Further Guidance on Complying with New York’s Article 23-A Notice Obligations in Connection with Criminal Background Checks

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 16, 2008, Morgan Lewis issued a LawFlash on New York's recent criminal background check legislation creating additional employer obligations that are scheduled to go into effect February 1, 2009. Since that LawFlash... more

01/27/09 President Obama Expected to Sign the Lilly Ledbetter Fair Pay Act of 2009 Today or Tomorrow

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On January 27, 2009, the House passed the Lilly Ledbetter Fair Pay Act of 2009 (which was passed in the Senate as S. 181 on January 22, 2009), clearing the way for President Obama to sign the legislation into law, which is expe... more

01/27/09 Tritium Exit Signs: Urgent Action Required

LawFlash/Client Alert | Energy LawFlash
Energy, Labor and Employment, Litigation, and Real Estate Practices

If you: Own or operate properties or facilities that contain more than 500 self-luminous tritium exit signs and you have been, or are in the future, contacted by the U.S. Nuclear Regulatory Commission (NRC) via a Demand f... more

01/22/09 New Procedures Now in Place for International Travelers: US-VISIT Biometrics and ESTA

LawFlash/Client Alert | Immigration Alert
Immigration Practice

US-VISIT Effective January 18, 2009, the Department of Homeland Security (DHS) expanded the categories of non-U.S. citizens required to provide biometrics upon entry or re-entry to the United States. All non-U.S. citizens... more

01/21/09 Interest Arbitration Under the Employee Free Choice Act: What Could This Mean for Employers?

Morgan Lewis Title | White Paper
Labor and Employment Practice

A wave of change is approaching in federal labor law. The Employee Free Choice Act (EFCA), a bill that enjoyed the almost unanimous support of Democrats in the 110th Congress, will likely be among the first bills debated in the... more

01/16/09 Keeping Up with Labor Changes: Issues Real Estate Stakeholders Will Face with the Incoming Obama Administration Webinar

Presentation | Webinar
Joseph Ragaglia, Tracy Steele, A. Harper II

01/15/09 Department of State Issues February 2009 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The U.S. Department of State (DOS) has released its February 2009 Visa Bulletin. The Visa bulletin sets out per-country priority date cutoffs that regulate the flow of Adjustment of Status (AOS) and consular immigrant visa applic... more

01/14/09 New Philadelphia Ordinance Requires Unpaid Leave for Victims of Domestic or Sexual Violence and Their Families

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The City of Philadelphia has enacted a new ordinance requiring that employers provide up to eight weeks of unpaid leave annually to victims of domestic abuse, sexual assault, or stalking. All employers within the City of Philad... more

01/13/09 Upcoming Labor Legislation: How the Chips May Fall, Philadelphia Bar Association

Outside Publication | Article
Joseph Ragaglia, Daniel Bordoni

01/09/09 Federal Contractor E-Verify Regulation Implementation Delayed; Outlook Uncertain

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The Bush administration is expected to announce early next week that implementation of the Federal Acquisition Regulatory Council's federal contractor E-Verify regulation will be deferred until February 20, 2009. An announcement ... more

2009 France, Getting the Deal Through – Labour & Employment 2009

Outside Publication | Article
François Vergne

2009 Germany, Getting the Deal Through – Labour & Employment 2009

Outside Publication | Article
Walter Ahrens

2009 Global Overview, Getting the Deal Through – Labour & Employment 2009

Outside Publication | Article
Tram-Anh Frank, Elliot Steelman

January 2009 Presenter, The ADA Amendments Act, The Woodlands, Texas

Presentation | Speech
Stefanie Moll

2009 The International Assignment of Employees from the US to the UK or EU, Getting the Deal Through – Labour & Employment 2009

Outside Publication | Article
David McManus

2009 United Kingdom, Getting the Deal Through – Labour & Employment 2009

Outside Publication | Article
Rachel Ashwood

2009 United States, Getting the Deal Through – Labour & Employment 2009

Outside Publication | Article
Eleanor Pelta, Mark Dichter, Tram-Anh Frank

2008 The Alien's Education and Experience: Selected Problems, The David Stanton Manual on Labor Certification, 4th ed.

Outside Publication | Chapter
A. James Vázquez-Azpiri

12/23/08 Ethics and Privilege Issues Under ERISA, presented at a West Legalworks webcast

Presentation | Speech
Donald Havermann, Brian Ortelere

12/19/08 California Court Rejects Class Action over Application Form Question Where Class Representatives Were Not Harmed

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On December 10, the California Court of Appeal granted summary judgment in favor of Starbucks Corporation, finding that plaintiffs seeking to represent a potential class of 135,000 job applicants failed to show they were harmed... more

12/19/08 Will the UK Lose Its Working Time “Opt-Out”?

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The Working Time Directive of the European Union (the Directive) is a collection of regulations concerning hours of work, designed to protect the health and safety of workers. “Workers” includes employees, most agen... more

12/16/08 New York Enacts New Criminal Background Check Obligations for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

New York has enacted several new laws affecting an employer’s ability to conduct criminal background checks on applicants and employees. These laws also provide employers additional protection against claims of negligent ... more

12/15/08 OSHA Regulation Clarifies Penalties for Employers That Fail to Provide Personal Protective Equipment and Training to Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On Friday, December 12, the Occupational Safety and Health Administration (OSHA) of the Department of Labor (DOL) issued its final regulations clarifying that employers must provide personal protective equipment (PPE) and hazar... more

12/12/08 Changes to Form I-9 Employment Eligibility Requirements Announced by USCIS

LawFlash/Client Alert | Immigration Alert
Immigration Practice

U.S. Citizenship and Immigration Services (USCIS) announced today changes to the types of documents that are acceptable to prove identity and employment eligibility in the Employment Eligibility Verification (Form I-9) process. ... more

12/12/08 DOS Issues January 2009 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The United States Department of State (DOS) has released its January 2009 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant v... more

12/11/08 Not Our Employee? Minimizing Risks and Maintaining Compliance in Temporary, Contractor, and Joint Employee Relationships Webinar

Presentation | Webinar
A. James Vázquez-Azpiri, Jeremy Blumenfeld, David Fuller, Jonathan Fritts, Thomas Linthorst

12/10/08 Imminent Posting Deadline: Employers Subject to the New Jersey Paid Family Leave Law Must Post Notification by December 15, 2008

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On May 2, 2008, New Jersey Governor John Corzine signed an amendment to the Temporary Disability Benefits Law (TDBL) requiring that employers provide notice to employees of their rights under the TDBL. Morgan Lewis previously i... more

12/10/08 Update on Developments at the National Labor Relations Board, presented at the Pennsylvania Bar Institute Labor Law Symposium, Philadelphia

Presentation | Speech
Timothy O'Reilly

December 2008 Are You Ready? New Regulations to Go into Effect Under the Family and Medical Leave Act (FMLA)

Presentation | Webinar
Michael Ossip, Carrie Gonell, Corrie Conway

12/05/08 New Rules for Applying for U.S. Visa Issuance through Consular Posts in Mexico

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Recently, the 10 U.S. Consulates in Mexico announced that non-Mexican nationals (third-country nationals, or TCNs) who are present in the United States and who wish to apply for visas in Mexico may make an interview appointment ... more

12/03/08 What to Expect from Washington with a New White House and Congress: Critical Legislative and Judicial Issues That Will Affect Employers

Presentation | Webinar
Michael Ossip, Ann Painter, Jeremy Blumenfeld, Robert Jon Hendricks

This interactive webinar on "What to Expect With a New White House Administration: Critical Legislative and Judicial Issues that will Affect Employers" discussed issues that included: Significant changes that have already... more

Fall 2008 The Implied Certification Theory: When Should the False Claims Act Reach Statements Never Spoken or Communicated, But Only Implied?, Public Contract Law Journal, Vol. 38, No. 1

Outside Publication | Article
John Richards

11/25/08 Department of Labor Enacts Comprehensive Changes to Family and Medical Leave Act Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As we previously reported, on November 17, 2008, the U.S. Department of Labor (DOL) published final regulations (final rule) under the Family and Medical Leave Act of 1993 (FMLA). We have now reviewed the final rule in detail, ... more

11/24/08 Various U.S. Consulates Now Require Use of Form DS-160

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Some U.S. consulates abroad now require the use of U.S. State Department Form DS-160 for certain types of visa applications. For nonimmigrant visas, the consulates in more

11/19/08 Managing International Mass Terminations During An Economic Downturn

Presentation | Webinar
David McManus, François Vergne, Walter Ahrens

Larger scale reductions in force, or redundancy exercises, are an unfortunate reality in the current economic climate. As an employer, it is important to understand how to manage the complex legal issues involved in an internat... more

11/18/08 Employee Free Choice Act: Essential Information you Need to Manage a NonUnion Workforce

Presentation | Webinar
Joseph Ragaglia

11/18/08 FLSA Overtime Exemption Regulations, presented at PEBA's FLSA: Exemption Analysis and Legal Updates Program, Philadelphia

Presentation | Speech
Michael Puma

11/14/08 Department of Labor to Publish Final Regulations Under the Family and Medical Leave Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The U.S. Department of Labor (DOL) will publish in the Federal Register on Monday, November 17, 2008 its final regulations under the Family and Medical Leave Act (FMLA). The new rules—which mark the first major regulatory chang... more

11/13/08 E-Verify Final Regulation for Federal Contractors Is Released

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The Bush Administration will publish in the November 14, 2008 Federal Register a final rule requiring that most federal government contractors and subcontractors use E-Verify for all new hires and all employees (existing and new... more

11/12/08 Ninth Circuit Holds That California Labor Code Applies to Work Performed in California by Nonresidents

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case with potentially far-reaching implications for California and non-California employers alike— Sullivan v. Oracle Corporation , 08 C.D.O.S. 13881 (9th Cir. Nov. 6, 2008)—the Ninth Circuit held that the requi... more

11/07/08 ERISA Service Provider Litigation: Health Benefits and the War Against PBMs, presented at the 19th Annual ABA Institute on ERISA Litigation, Chicago

Presentation | Speech
Deborah Davidson, John Richards

11/07/08 No Movement in December 2008 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The United States Department of State (DOS) has released its December 2008 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant ... more

11/07/08 The New UK Immigration System for Work Permits: What Employers Need to Know Now

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The UK government has recently announced that a new immigration system for sponsoring foreign nationals (that is, foreign nationals who are not from one of the countries that make up the European Economic Area, or “non-EEA... more

11/05/08 A New Political Environment for Labor and Employment Issues

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The election of Barack Obama as President and the Democratic gains in Congress mean that employers face a new legislative, regulatory, and enforcement environment on labor and employment issues. Employers should use the transitio... more

November 2008 Retaliation after Burlington Northern v. White and Beyond: A Uniform Standard—What Dissuades a Reasonable Person from Reporting Discrimination? Corporate Counsel Review, Vol. XXVII, No. 2

Outside Publication | Article
Erin O'Driscoll

10/30/08 The Troubled Economy Survival Kit for Employers—Solutions for Difficult Times

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Our current troubled economy presents a two-fold dilemma for many employers: new challenges must now be faced, and old challenges appear more difficult to manage. This LawFlash summarizes several of the most important lessons t... more

10/28/08 Temporary Agency Workers Directive Approved by European Parliament

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On 22 October 2008, the European Parliament approved the Temporary Agency Workers Directive whereby temporary agency workers (temps) will be entitled, from the commencement of their employment, to the same treatment as permanen... more

10/27/08 Department of Homeland Security Issues Final Regulation Regarding Employment Eligibility upon Receipt of Social Security No-Match Letter

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The Department of Homeland Security (DHS) issued a supplemental final regulation describing the steps employers must take upon receipt of a Social Security No-Match Letter in order to avoid potential liability. The substance of... more

10/24/08 Argentina to Assess Entry Fee to Visitors Beginning January 2009

LawFlash/Client Alert | Immigration Alert
Immigration Practice

Argentina’s Interior Minister announced this month that Argentina will begin assessing new reciprocal entry fees for nationals of certain countries. The new fee will apply to visitors from the United States, Canada, the Uni... more

10/24/08 ERISA Class Actions and Attorney Fee Issues, presented at the 21st Annual ERISA Litigation Conference, Las Vegas, NV

Presentation | Speech
Nicole Diller

10/23/08 New Zealand Amends Immigration Rules Regarding Admission of Pregnant Women

LawFlash/Client Alert | Immigration Alert
Immigration Practice

In an amendment to the Immigration New Zealand (INZ) Operational Manual, pregnant women who intend to give birth in New Zealand have been added to the list of those not considered to possess the acceptable standard of health ne... more

10/21/08 Final E-Verify Regulation for Federal Contractors Appears Imminent

LawFlash/Client Alert | Immigration Alert
Immigration Practice

A final regulation that will make the use of E-Verify mandatory for federal government contractors is expected to be published soon in the Federal Register. Details of the final regulation are not public; however, the original ... more

October 2008 Damages Under Federal and New York Employment Statutes, PLI's 37th Annual Institute on Employment Law, Vol. 2

Outside Publication | Article
Melissa Rodriguez, Debra Morway

Winter/Spring 2008 Overcoming the First Contract Hurdle: Finding a Role for Mandatory Interest Arbitration in the Private Sector, The Labor Lawyer, Vol. 23

Outside Publication | Article
David Broderdorf

10/20/08 Visa Waiver Program Expanded to Include Seven Additional Countries

LawFlash/Client Alert | Immigration Alert
Immigration Practice

President Bush announced on October 17 that seven countries have met the eligibility criteria for admission into the Visa Waiver Program (VWP). In approximately one month, citizens of these countries will be eligible to travel ... more

10/16/08 FMLA Amendments: Significant Changes and Their Impact, presented at the Pittsburgh Human Resources Association's 2008 Annual Conference, Pittsburgh

Presentation | Speech
Christopher Ramsey

10/15/08 Follow-Up on Labor Reforms in France, EuroWatch

Outside Publication | Article
François Vergne

10/15/08 Preparing for the ADA Amendments Act of 2008 (ADAAA)

Presentation | Webinar
Michael Ossip, David Bowman, L. Julius Turman, Corrie Conway

The ADAAA, signed into law on September 25, 2008 by President Bush, will make sweeping changes to the Americans with Disabilities Act (ADA). This legislation, enacted with broad bipartisan support, will significantly expand the... more

10/15/08 USCIS Increases Period of Stay for TN Professional Workers

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The United States Citizenship and Immigration Services (USCIS) announced on Tuesday, October 14 that it has increased the maximum period of time a NAFTA TN professional worker may remain in the United States before applying for ... more

10/08/08 Business Workshop: ADA expanded, Companies beyond reach, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Christopher Ramsey

10/02/08 California Clarifies Overtime Exemption for Computer Professionals (Labor Code 515.5)

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On September 30, Governor Schwarzenegger signed Assembly Bill 10 (AB 10), which clarifies California Labor Code section 515.5’s exemption for computer professionals paid on a salaried basis. In addition to clarificatio... more

October 2008 ADA Amendments Act of 2008, presented at the ALI-ABA Webcast

Presentation | Speech
Robert Jon Hendricks

October 2008 Is There Individual Liability After Torrey Pines?, presented at the State Bar of California Labor and Employment Law Section Annual Meeting, San Diego

Presentation | Speech
Robert Jon Hendricks

October 2008 The Secondment of Workers to the UK in the Financial Services Industry, Bloomberg European Law Journal

Outside Publication | Article
Rachel Ashwood, Jon Gerty

10/01/08 Top Ten Questions Regarding Political Dialogue in the Workplace, Association of Corporate Counsel (read the article)

Outside Publication | Article
Prashanth Jayachandran, Rene Johnson

09/30/08 Stock Options for Works Council Members in Germany, EuroWatch

Outside Publication | Article
Walter Ahrens

09/26/08 President Bush Signs Legislation Expanding the Americans with Disabilities Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On September 25, President Bush signed into law the ADA Amendments Act of 2008 (ADAAA or the Act), which passed both the House and Senate with bipartisan and near-unanimous support. The legislation had the approval of both the ... more

09/25/08 Controlling the Compensable Workday in an Electronic World: Employer Wage and Hour Risks in a Blackberry Culture

Presentation | Webinar
Michael Puma, Christopher Parlo

The presentation slides of a recent Labor and Employment Practice webinar are available by contacting Bethany Shipman-Meyer at bshipman-meyer@morganlewis.com . This session... more

09/22/08 Accountants: Targeted for the Next Wave of Wage and Hour Litigation

Presentation | Webinar
Carrie Gonell, Sari Alamuddin, Christopher Parlo

The presentation slides of a recent Labor and Employment Practice webinar are available by contacting Bethany Shipman-Meyer at bshipman-meyer@morganlewis.com . This session... more

09/10/08 Political Activity in the Workplace: Considerations for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Now that the Democratic and Republican conventions have concluded and the November 4 presidential election is quickly approaching, employers can expect to see a spike in political activities by their employees. This is especial... more

Third Quarter 2008 Regulatory Update—The Summer's Proposed Regulations at DOL and IRS, The SPARK Journal, Vol. 18, No. 3

Outside Publication | Article
Lindsay Jackson

09/09/08 Department of Homeland Security Policy on Laptop Searches at the Border: An Analysis

LawFlash/Client Alert | Immigration Alert
Immigration Practice

On July 16, U.S. Customs and Border Protection (CBP), an agency within the Department of Homeland Security (DHS), published policy guidance with respect to its authority to conduct border searches of information contained in doc... more

09/08/08 Electronic System for Travel Authorization for Visa Waiver Program Now Available

LawFlash/Client Alert | Immigration Alert
Immigration Practice

The Department of Homeland Security (DHS) is now accepting Electronic System for Travel Authorization (ESTA) applications on a voluntary basis for visa waiver program (VWP) travelers. ESTA will become mandatory on January 12, 200... more

September 2008 MetLife v. Glenn: Why Employers Should Be Concerned and What They Can Do to Protect Their Interests, Bender's California Labor & Employment Bulletin

Outside Publication | Article
Nicole Diller, Andy Anderson

September 2008 The Mock Trial on Damages, presented at the American Bar Association Section of Labor and Employment Law 2nd Annual CLE Conference, Denver, CO

Presentation | Speech
Robert Jon Hendricks

August 2008 International Perspectives: Labor and Employment Newsletter

Newsletter | International Perspectives
Rachel Ashwood, François Vergne, Walter Ahrens

Follow-up on Labor Reforms in France The nationwide agreement signed in January 2008 by most of France's national trade unions contained several proposals meant to give more flexibility and to secure the French employment marke... more

08/22/08 New York State Employers Required to Comply with State Worker Adjustment and Retraining Notification Act Effective February 1, 2009

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 5, Governor David Paterson signed the New York State Worker Adjustment and Retraining Notification Act (New York WARN), which becomes effective February 1, 2009. New York WARN is patterned in many ways after the feder... more

08/15/08 New York Enacts “Broadcast Employees Freedom to Work Act”

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On August 6, New York Governor David A. Paterson signed the “Broadcast Employees Freedom to Work Act,” a new law that prohibits broadcast employers in New York from requiring certain broadcast employees to sign cove... more

08/11/08 Your Next Reduction In Force: The Dirty Little Secret, Law360

Outside Publication | Article
Philip Miscimarra

08/08/08 New Rules for Noncompete Provisions and Releases in California

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In Edwards v. Arthur Andersen LLP , the California Supreme Court has confirmed that even limited noncompetition agreements are not enforceable in California. The Supreme Court also held that release agreements are valid even t... more

08/06/08 Business Workshop: Watch the tips, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Christopher Ramsey

08/01/08 Maryland, District of Columbia Pass New Employee Leave Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Continuing a trend of state and local jurisdictions imposing new paid leave requirements on employers, Maryland and the District of Columbia each recently passed legislation that significantly expands the right of employees to ... more

07/28/08 Pennsylvania Clean Indoor Air Act to Take Effect September 11, 2008

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Pennsylvania Governor Edward G. Rendell recently signed into law the Clean Indoor Air Act (Act) prohibiting smoking in most public areas, including workspaces, across the state. Pennsylvania now joins 32 other states in enactin... more

07/24/08 California Court of Appeal Restricts Employee Rights to Recover for Meal and Rest Break and Off-the-Clock Violations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a case that may have far-reaching and positive implications for both California employers and employees, the California Court of Appeal for the Fourth Appellate District held that (1) employers need not ensure that their emp... more

07/10/08 Managing Tipped Employees: The Implications of the $105 Million Starbucks Verdict

Presentation | Webinar
Michael Ossip, Corrie Conway, Barbara Miller

This session on the implications of the $105 million Starbucks verdict was presented by Morgan Lewis attorneys Corrie Fischel Conwaymore

July 2008 Recent U.S. Supreme Court Cases: What You Need To Know, presented at the South Texas College of Law Employment Law Conference, Houston

Presentation | Speech
Erin O'Driscoll

06/25/08 Getting the Skinny on Firms: Before and After the Fundraising Process, presented at the Dow Jones Private Equity Analyst Limited Partners Summit 2008, New York

Presentation | Speech
Stanley Lechner

06/23/08 Supreme Court Issues Two Decisions Affecting Benefit Plans

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 19, the United States Supreme Court issued decisions in Kentucky Retirement Systems v. Equal Employment Opportunity Commission , No. 06-1037, October Term 2007, and in Metropolitan Life Ins. Co. v. Glenn , No. 06-923,... more

06/13/08 I-140 Premium Processing, July Visa Bulletin, and Two-Year EADs for Pending AOS Applicants

LawFlash/Client Alert | Immigration Alert
Immigration Practice

I-140 Premium Processing U.S. Citizenship & Immigration Services (USCIS) announced that on June 16 it will reinstate premium processing for a small group of I-140 petitions filed on behalf of nonimmigrants who are nearin... more

06/13/08 New York High Court Rules that Commission Formulas Can Include Deductions for Business Expenses

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 10, the New York Court of Appeals issued a decision in Pachter v. Bernard Hodes Group, Inc. explaining that although executives are employees covered by New York’s Wage Payment Law, adjustments or deductions for... more

June 2008 Diversity: Why checking the "box" is not enough, Diversity Matters, Vol. 2, No. 1 (p. 4)

Outside Publication | Article
John Richards

In February 2008, John Richards spoke as a panelist at the "Hire Big 10 Diversity in the Law 2008" seminar at the ISBA. A panel of practitioners, professors, and in-house counsel spoke to prospective law students on a range of is... more

06/10/08 Future Trends in Labor Relations, presented at the Edison Electric Institute Labor & Employee Relations Conference, New Orleans, LA

Presentation | Speech
Joseph Santucci, Jr.

06/09/08 E-Verify to be Mandatory for Federal Contractors

LawFlash/Client Alert | Immigration Alert
Immigration

Under an amendment to Executive Order No. 12989, signed by President Bush on Friday, June 6 and announced by the White House this morning, federal contractors will have to use E-Verify to confirm that their employees are lawful... more

06/06/08 DHS Announces Electronic System for Travel Authorization for Visa Waiver Program

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) announced that it will begin to accept Electronic System for Travel Authorization (ESTA) applications on a voluntary basis beginning August 1, 2008. The ESTA program is expected to become... more

06/05/08 Hot Topics in Employment Class Actions (Labor and Employment Spring Webinar Series)

Presentation | Webinar
Michael Burkhardt, Judith Harris, Anne Brafford

This session on the latest ERISA 401(k) litigation was presented by Morgan Lewis attorneys Anne M. Brafford, more

05/30/08 USCIS Publishes Supplemental Questions and Answers Related to the Extension of Optional Practical Training Program for Qualified Students

LawFlash/Client Alert | Immigration Alert
Immigration

On April 4, the Department of Homeland Security (DHS) issued an interim final rule that extended Optional Practical Training (OPT) for certain qualified F-1 students who are employed by a business participating in E-Verify. The... more

Spring 2008 Immigration and National Services: I-9 eSource

Marketing Material | Brochure
Immigration and National Services

05/23/08 Employee Benefits: New Ruling Says Employees Can Sue Over 401(k) Mistakes; How to Protect Yourself, presented at the Employer Resource Institute Audio Conference

Presentation | Speech
Nicole Diller

05/22/08 New Law Prohibits Employers from Considering Genetic Information in Making Employment Decisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (GINA), prohibiting employers from using genetic information for decisions on hiring, firing, promotions, or job assignments,... more

05/22/08 The Latest on ERISA 401(k) Litigation: What Plan Sponsors, Insurers, and Fiduciaries Need to Know in 2008 (Labor and Employment Spring Webinar Series)

Presentation | Webinar
Deborah Davidson, Gregory Braden, Brian Ortelere

This session on the latest ERISA 401(k) litigation was presented by Morgan Lewis attorneys Gregory C. Braden, more

05/15/08 The ICE Man Cometh: Preventing, Managing, and Recovering from an Immigration Investigation (Labor and Employment Spring Webinar Series)

Presentation | Webinar
Eric Bord

This session on preventing, managing, and recovering from an immigration investigation was presented by Morgan Lewis attorneys Eric S. B... more

05/07/08 California Employment Law Update, presented at Morgan Lewis's Advanced Employment Law Forum, Irving, TX

Presentation | Speech
Barbara Fitzgerald

05/02/08 Fair Labor Standards Act of 1938, Alive and Kicking, presented at the Federal Mediation and Conciliation Service's 29th Arbitration Symposium, Atlantic City, NJ

Presentation | Speech
Michael Ossip

05/02/08 NLRB Changes, presented at the Annual HR Conference for Partners Health Care, Boston

Presentation | Speech
Joseph Santucci, Jr.

May 2008 Supreme Court to Address Proper ERISA Review Procedures: Practical Advice for Plan Administrators, Bender’s California Labor & Employment Bulletin

Outside Publication | Article
John Richards

05/01/08 Workforce Strategy: Leading Ideas for Managing Talent in the 21st Century - Part 3

Presentation | Podcast
Philip Miscimarra

Welcome to Morgan Lewis's Workforce Strategy Podcast Series, offered in conjunction with the Wharton School of Business at the University of Pennsylvania. In this final in a series of three podcasts, Morgan Lewis Labor an... more

04/28/08 Great Hotels Guests Love, presented at the Intercontinental Hotels General Managers Meeting, San Francisco

Presentation | Speech
Peter Hurtgen, Joseph Santucci, Jr.

28 avril 2008 Principe à travail égal, salaire égal : nouveau souffle et clarification, Jurisprudence sociale Lamy

Outside Publication | Article
François Vergne

04/17/08 New Jersey to Provide Payments to Workers Taking Leave to Care for Dependent Family Members

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On April 7, after several years of intensive lobbying and legislative negotiations, the New Jersey Senate passed an Assembly bill that, once signed by the governor, will make New Jersey the third state to provide state payments... more

04/16/08 Workforce Strategy: Leading Ideas for Managing Talent in the 21st Century - Part 2

Presentation | Podcast
Philip Miscimarra

Welcome to Morgan Lewis's Workforce Strategy Podcast Series, offered in conjunction with the Wharton School of Business at the University of Pennsylvania. In this second in a series of three podcasts, Morgan Lewis Labor a... more

04/14/08 Dealing with Tipped Employees: The Implications of the $105 Million Starbucks Verdict

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a decision that sent shock waves through the restaurant industry, with implications for businesses that rely upon "tipped employees," a San Diego Superior Court judge issued a decision in Chau v. Starbucks Corp. , Case No. ... more

04/14/08 Evidentiary Issues in Employment Law, presented at a New York City Bar CLE Presentation, New York

Presentation | Speech
Kenneth Turnbull

04/11/08 USCIS Releases Updated FY 2009 H-1B Information

LawFlash/Client Alert | Immigration Alert
Immigration

On April 9, United States Citizenship and Immigration Services (USCIS) announced receipt of approximately 163,000 cap-subject H-1B petitions, enough to meet the congressionally mandated numerical cap for Fiscal Year (FY) 2009, ... more

04/10/08 Recent Changes in State Law Regarding E-Verification

LawFlash/Client Alert | Immigration Alert
Immigration

Minnesota, Mississippi, Rhode Island, Utah, and Virginia have recently enacted state laws intended to highlight the issue of illegal employment of unauthorized aliens. These are the most recent in an ever-growing list of state la... more

04/09/08 USCIS Announces H-1B Cap Reached

LawFlash/Client Alert | Immigration Alert
Immigration

On April 8, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of cap-subject H-1B petitions to meet the FY 2009 cap, including the advanced degree exemption (available to holde... more

04/09/08 Workforce Strategy: Leading Ideas for Managing Talent in the 21st Century - Part 1

Presentation | Podcast
Philip Miscimarra

Welcome to Morgan Lewis's Workforce Strategy Podcast Series, offered in conjunction with the Wharton School of Business at the University of Pennsylvania. In this first in a series of three podcasts, Morgan Lewis Labor an... more

04/07/08 DHS Extends Optional Practical Training (OPT) For Certain Students

LawFlash/Client Alert | Immigration Alert
Immigration

On April 4, DHS issued an interim final rule that will extend OPT for 17 months for certain qualified F-1 students who are employed by a business participating in E-Verify. The rule also provides “cap-gap” relief t... more

Spring 2008 Recent Developments in Employment Law and Litigation, ABA TIPS Law Journal

Outside Publication | Article
Kathryn McGuigan

Second Quarter 2008 Washington Update — LaRue v. DeWolff, Boberg & Associates: Implications for the Defined Contribution Plan Industry, The SPARK Journal, Vol. 18, No. 2

Outside Publication | Article
Lindsay Jackson

03/26/08 Business Workshop: OSHA Regulations, Right to Know Law, 401(k) Plans, Pittsburgh Post Gazette (Click here to read the article.)

Outside Publication | Article
Christopher Ramsey

03/20/08 Proposed FMLA Regulations: What Employers Should Know

Presentation | Webinar
Michael Ossip, Carol Freeman, Corrie Conway

03/20/08 USCIS Issues Interim Final Rule Regarding H-1B Petitions

LawFlash/Client Alert | Immigration Alert
Immigration

On March 19, United States Citizenship and Immigration Services (USCIS) issued an interim final rule that modifies the random-selection process and prohibits multiple filings of H-1B petitions. Specifically, the interim rule pr... more

03/17/08 Navigating Workforce Reductions in Uncertain Times: The Importance of the Meacham Case and New Jersey WARN Act, New Jersey Law Journal

Outside Publication | Article
Rene Johnson, Thomas Linthorst

March 2008 International Perspectives: Labor and Employment Newsletter

Newsletter | International Perspectives
François Vergne, Walter Ahrens

This is the premiere issue of Morgan Lewis's International Labor and Employment Newsletter, which will highlight trends and important updates in labor and employment law across the globe. While this first edition focuses on Europ... more

03/11/08 United Kingdom Launches New Immigration Points-Based System and Measures to Prevent Illegal Employment

LawFlash/Client Alert | Immigration Alert
Rachel Ashwood

Points-Based System On February 29, 2008, the government of the United Kingdom launched a new points-based system (PBS) intended to control migration, tackle migration abuse, and identify skilled workers. PBS, which is being... more

03/07/08 Applicants for Re-entry Permits and Refugee Travel Documents Required to Provide Biometrics

LawFlash/Client Alert | Immigration Alert
Immigration

On March 5, U.S. Citizenship and Immigration Services (USCIS) issued revised instructions for Form I-131, Application for Travel Document. Effective immediately, applicants for re-entry permits and refugee travel documents who ... more

03/04/08 Department of Labor Proposes Comprehensive Changes to Family and Medical Leave Act Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

As we previously reported, on February 11 the U.S. Department of Labor (DOL) issued proposed regulations under the Family and Medical Leave Act of 1993 (FMLA) that are subject to a 60-day public comment period. We have now revi... more

03/03/08 It’s March 3, Do You Know Where Your H-1Bs Are?

LawFlash/Client Alert | Immigration Alert
Immigration

Beginning April 1, United States Citizenship and Immigration Services (USCIS) will begin accepting FY 2009 H-1B petitions for H-1B employment starting October 1. It is expected that USCIS will receive enough petitions in the fi... more

March 2008 Leave issues and the new proposed FMLA regulations, presented at the University of Houston’s Small Business Development Center, Houston

Presentation | Speech
Erin O'Driscoll

March 2008 When Do Indemnity Claims for Product Liability Accrue?, Andrews Litigation Reporter: Products Liability, Vol. 19, No. 4

Outside Publication | Article
John Richards

02/29/08 ERISA Plan Fee Disclosures: Legislative Proposals, DOL Regulatory Developments and Litigation, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting, New Orleans, LA

Presentation | Speech
Deborah Davidson

02/28/08 Department of Homeland Security and Department of Justice Significantly Increase Civil Monetary Penalties for Violations Related to the Employment of Unauthorized Workers

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) and Department of Justice (DOJ) jointly published a final rule in the Federal Register on February 26, 2008 that adjusts for inflation the civil monetary penalties assessed against empl... more

02/28/08 The Standard and Scope of Review: What's Next for the Supreme Court?, presented at the ABA Section of Labor and Employment Law, Employee Benefits Committee 2008 Midwinter Meeting, New Orleans

Presentation | Speech
Nicole Diller

02/25/08 Employers, Be Aware: ERISA Preemption is Under Review, Bloomberg Law Reports: Employee Benefits

Outside Publication | Article
John Richards

02/25/08 Supreme Court Expands Liability Exposure of Fiduciaries of Individual Account Plans

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a unanimous decision, the U.S. Supreme Court has held that individual participants in defined contribution plans can sue to recover losses incurred by their individual plan accounts. The long-anticipated decision in LaRue v... more

02/20/08 Business Workshop: Military Rights Extended, Pittsburgh Post Gazette

Outside Publication | Article
Lauren Licastro

02/19/08 Surviving the H-1B Cap – Frequently Asked Questions

LawFlash/Client Alert | Immigration Alert
Immigration

United States Citizenship and Immigration Services (USCIS) will begin accepting FY 2009 H-1B petitions on April 1, 2008. Given the high demand for H-1B numbers last year, it is expected that a lottery will be held to determine ... more

02/14/08 Benefit Claim Litigation, presented at the 20th Annual ERISA Litigation Conference, Orlando, FL

Presentation | Speech
Nicole Diller

02/14/08 Department of State Issues March 2008 Visa Bulletin—Significant Forward Movement for Some EB-3 Categories

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its March 2008 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and consular immigrant vi... more

02/13/08 ERISA Claims Fundamentals Workshop, presented at the 20th Annual ERISA Litigation Conference, Orlando, FL

Presentation | Speech
Nicole Diller

02/12/08 Revised Guidance on FBI Name Checks, Arizona Employment Verification Law Challenge Dismissed by Federal Court, and REAL ID Final Rule Published

LawFlash/Client Alert | Immigration Alert
Immigration

USCIS Issues Memorandum Revising Previous Guidance Regarding FBI Name Checks On February 4, United States Citizenship and Immigration Services (USCIS) issued a memorandum modifying its existing policy regarding FBI name chec... more

02/11/08 Department of Labor to Publish Proposed Regulations Under the Family Medical Leave Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The U.S. 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&rsquo... more

February 2008 Hire Big 10 Diversity in the Law 2008, presented at the Illinois State Bar Association, Chicago

Presentation | Speech
John Richards

01/31/08 Family and Medical Leave Act Amendments Expand Leave for Families of Members of the Armed Forces

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

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 ... more

01/31/08 The Year in Review California Employment Law 2007

Presentation | Webinar
Melinda Riechert, Daryl Landy, Barbara Miller

01/25/08 Managing Diversity in Your Workforce and Marketplace, presented at The Women's Congress, Miami

Presentation | Speech
Anne Estevez

01/24/08 Wage and Hour Coverage: What’s the Competition Offering?, presented at ACI's 13th Annual Conference on Employment Practices Liability Insurance: Minimizing Risks in a Soft Market, New York

Presentation | Speech
Anne Estevez

01/18/08 Department of Homeland Security Expansive Chemical Facility Reporting Requirements Due Tuesday

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 2, 2007, the Department of Homeland Security (DHS) released Appendix A of the Chemical Facility Anti-Terrorism Standards (Appendix A). Appendix A is the final part of the March 2007 comprehensive federal security re... more

01/18/08 New Jersey’s Baby WARN Act: Less Detail, Stiffer Penalties, Employment Law 360

Outside Publication | Article
Thomas Linthorst

01/16/08 Managing European Employees: Employment Contracts, Terminations, and Reductions in Force

Presentation | Webinar
Kenneth Turnbull, François Vergne, Walter Ahrens

In this one-hour webinar, European partners of Morgan Lewis's International Labor and Employment Practice discussed employment contracts and terminations in Europe. Topics included: Do you need to have a written contract? ... more

01/15/08 Minnesota Now Requires Employers with State Contracts of More Than $50,000 to Participate in E-Verify

LawFlash/Client Alert | Immigration Alert
Immigration

On January 7, 2008, Minnesota Governor Tim Pawlenty issued an executive order that will require vendors and subcontractors that have entered into a contract with the state of Minnesota that is worth more than $50,000 to partici... more

01/10/08 The Ninth Circuit Court of Appeals Allows San Francisco’s Health Care Security Ordinance to Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In August 2006, San Francisco’s mayor signed into law the San Francisco Health Care Security Ordinance (HCSO). The HCSO requires certain employers operating with the geographic limits of the City and County of San Francis... more

01/08/08 Morgan Lewis’s Labor and Employment Practice Named as a Finalist in The American Lawyer’s Litigation Department of the Year Contest

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The American Lawyer has named Morgan Lewis and our Labor and Employment Practice as a Finalist in its Litigation Department of the Year Contest in the January 2008 edition of the magazine. Our firm has now been honored in the... more

01/07/08 H-1B Filing Date Approaching: Employers are Advised to Assess H-1B Needs Now

LawFlash/Client Alert | Immigration Alert
Immigration

On April 1, 2008, the United States Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions that request an employment start date of October 1, 2008 (the first day of the 2009 fiscal year) or... more

01/04/08 New Jersey Enacts Baby WARN Act With Important Differences from the Federal WARN Act and Stiffer Penalties

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

New Jersey has joined a growing number of states that have enacted their own plant closure and mass layoff notification laws that supplement the federal Worker Adjustment and Retraining Notification (WARN) Act. New Jersey&rsquo... more

01/02/08 NLRB Upholds Employer’s Right to Maintain and Enforce Nondiscriminatory Policies Limiting Email Communications

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On December 16, 2007, the National Labor Relations Board (Board) issued its much-anticipated ruling in The Guard Publishing Company d/b/a The Register-Guard and Eugene Newspaper Guild, CWA Local 37194 , 351 NLRB No. 70, holdin... more

2008 Ethics (Chapter 20, co-editor), Employee Benefits Law, Cumulative Supplement (2nd Edition, American Bar Association)

Outside Publication | Chapter
Deborah Davidson

2008 Fiduciary Responsibility (Chapter 10, contributor), Employee Benefits Law, Cumulative Supplement (2nd Edition, American Bar Association)

Outside Publication | Chapter
Deborah Davidson

January 2008 Risk Versus Reward—The Monitoring Minefield, HRDirector Magazine

Outside Publication | Article
Rachel Ashwood

January 2008 Social networking or social not working? The HRDirector, Issue 43

Outside Publication | Article
Rachel Ashwood

12/20/07 Court of Appeals’ Panel Announces New Standards for Certifying Title VII Class Actions in the Ninth Circuit: Revised Decision in Dukes v. Wal-Mart, Inc. Sets Forth Better Standard Governing Class Certification But Still Approves a Grossly Outsized Class

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Ninth Circuit panel that announced permissive standards for class certification of Title VII actions last February in Dukes v. Wal-Mart, Inc. , 474 F.3d 1214 (9th Cir. 2007) ( Dukes I ), now has revised its earlier class c... more

12/17/07 Arizona Immigration Law to Take Effect January 1, 2008

LawFlash/Client Alert | Immigration Alert
Immigration

Starting January 1, 2008, employers operating in Arizona under a business license issued in that state are required to comply with the Legal Arizona Workers Act. This Immigration Alert briefly describes the Arizona law. Brief... more

12/14/07 Misclassification of Independent Contractors and Employees Can Be Expensive, Law.com

Outside Publication | Article
John Richards

12/14/07 Possible Visa Application Delays Due to New Department of State Processing Procedures

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has recently implemented usage of the Petition Information Management System (PIMS) at U.S. consular posts. Under the new system, I-129 H, L, O, P, and Q petitions requesting consular... more

12/13/07 Department of State Issues January 2008 Visa Bulletin—Significant Retrogression for EB-2 Indian Nationals

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its January 2008 Visa Bulletin. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant vis... more

12/11/07 Labor and Employment Group’s Strategic Expansion into Texas: Growing Our Midwest Presence and National Footprint to Better Serve Our Clients

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

We are thrilled to welcome six new Morgan Lewis partners— Ronald Manthey , Joel Allen , Paulo McKeeby , Melissa Hensley , Ann Marie Painter , and Ellen Perlioni —into our Dallas, Texas office. Our new Texas labor and employm... more

12/11/07 West Meets East: Navigating the Maze of California Labor and Employment, New York, Princeton, and Philadelphia

Presentation | Speech
Barbara Fitzgerald

11/27/07 Update: Developments Regarding I-9 Compliance and Social Security No-Match Letters

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) announced in a Federal Register notice dated November 26, 2007, that employers must transition to a revised Employment Eligibility Verification Form (I-9) no later than December 26, 200... more

11/16/07 California Supreme Court Approves Compensation Practice of Using Clearly Delineated Lump-Sum Payments for Reimbursing Employee Expenses

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

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 L... more

2007 Establishing Best Practices, Inside the Minds: Labor and Employment Litigation Strategies: Leading Lawyers on Determining Defense and Negotiation Strategies, Evaluating Financial Repercussions, and Interpreting Federal and State Laws (Aspatore Books)

Outside Publication | Chapter
Sarah Bouchard

This book provides an authoritative insider’s perspective on best practices for negotiating, litigating, and settling employment disputes. It guides the reader through the intricacies of working with employers and managers, und... more

11/16/07 New OSHA Regulation Requires Employers to Provide Personal Protective Equipment to Employees at No Cost to Employee

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

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 e... more

11/15/07 Department of State Issues December 2007 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its December 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and consular immigrant... more

11/07/07 Increase to California’s Minimum Wage to Take Effect January 1, 2008

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In accordance with a 2006 legislative enactment, effective January 1, 2008, the California minimum wage will increase by $0.50, from $7.50 per hour to $8.00 per hour. This increase will have broad-ranging effects on companies w... more

10/20/07 Complex Indemnity Issues in Employment Litigation Indemnity, presented at the American Employment Law Council's Fifteenth Annual Conference, Ojai, CA

Presentation | Speech
Anne Estevez

10/17/07 NLRB Rules That “Additional Stores” Clause Requiring Card Check Recognition for Separate Bargaining Units Is a Permissive Subject of Bargaining

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

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 empl... more

10/16/07 Insurance Industry Update

Presentation | Webinar
James Kelley, II, Carrie Gonell, Christopher Parlo, Rebecca Eisen

10/11/07 California Adopts Military Spouse Leave Law, Effective Immediately

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On October 9, Governor Schwarzenegger signed California Assembly Bill (AB) 392 into law. AB 392 adds Section 395.10 to the California Military and Veterans Code and creates a new leave of absence right for spouses of military p... more

10/11/07 Federal Judge Extends Temporary Injunction on Social Security No-Match Regulation

LawFlash/Client Alert | Immigration Alert
Immigration

On October 10, 2007, the District Court for the Northern District of California granted a preliminary injunction blocking the implementation of the Department of Homeland Security (DHS) rule on Social Security no-match letters. ... more

10/09/07 Significant NLRB Decisions Clarify Employer’s Right to File and Maintain Lawsuit Against Union, Modify Standard in Hiring Discrimination Cases, and Uphold Right to End Dues Checkoffs

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The National Labor Relations Board (Board) issued three recent opinions of particular note to employers. Taken together, the opinions give additional protections to employers from unfair labor practice charges before the Board.... more

10/05/07 Key Trends in 2007 Class and Complex Employment Litigation, presented at the Hispanic National Bar Association's Annual Convention, San Juan, Puerto Rico

Presentation | Speech
Anne Estevez

10/05/07 NLRB Diminishes Effectiveness of Card-Check Recognition Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a deeply divided 3-2 opinion in Dana Corporation/Metaldyne Corporation , 351 N.L.R.B. No. 28 (Sept. 29, 2007), the National Labor Relations Board (Board) modified its long-standing recognition-bar doctrine to allow employee... more

10/02/07 The Card Check Process, Employer Neutrality Agreements, and the Employee Free Choice Act, presented at the Harvard University Forum on the Future of Labor, Cambridge, MA

Presentation | Speech
Joseph Santucci, Jr.

October 2007 Dealing With Workplace Disabilities Under The ADA (Part 2), ALI-ABA Business Law Course Materials Journal

Outside Publication | Article
Anne Estevez, Athalia Lujo

October 2007 Multiple employment law topics, presented at the State Bar of California Labor and Employment Law Section Annual Meeting, San Francisco

Presentation | Speech
Robert Jon Hendricks

October 2007 New Wave of ERISA Litigation Challenges Fees & Expenses Charged to 401(k) Plans, CA Labor & Employment Bulletin

Outside Publication | Article
Nicole Diller

October 2007 Truth or Date—Taking the Plaintiff's Deposition: Guidelines for Defense Attorneys in Employment Litigation (co-author), PLI's 36th Annual Institute on Employment Law

Outside Publication | Article
Gregory Abrams

September 2007 Co-author, Better Late Than Never: New Sexual Harassment Awareness Training Regulations Adopted, Bender’s California Labor & Employment Bulletin

Outside Publication | Article
Zeenat Basrai

09/24/07 New York’s “Nursing Mothers in the Workplace Act”

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

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 W... more

09/14/07 Department of State Issues October 2007 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its October 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant vi... more

09/10/07 California Supreme Court Limits Class Action Waivers in Wage and Hour Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On August 30, the California Supreme Court issued its opinion in Gentry v. Circuit City Stores, Inc. (Gentry) . In this important decision, the court held that a class action waiver contained in an employment arbitration agree... more

09/05/07 Federal Court Issues Temporary Halt to Implementation of Social Security "No Match" Regulation

LawFlash/Client Alert | Immigration Alert
Immigration

On Friday, August 31, a federal judge blocked the government’s implementation of a new regulation addressing how employers should respond to so-called “no match” letters issued by the Social Security Administra... more

09/05/07 New AB 1825 California Training Regulations: What Do They Mean for Your Organization?

Presentation | Webinar
David Bowman, Karen Peteros

September 2007 Presenter, Managers’ Harassment Training, Houston

Presentation | Speech
Stefanie Moll

08/31/07 California Supreme Court Upholds the Lawfulness of Certain Profit-Based Incentive Compensation Plans

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On August 23, the California Supreme Court issued its opinion in Prachasaisoradej v. Ralphs Grocery Company, Inc. ( Ralphs ). In this important decision, the Court held that a compensation plan, designed to reward employees i... more

08/30/07 California Disability Law Requires Employees Claiming Disability Discrimination to Prove That They are Qualified Individuals

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In Green v. State of California , S137770, the California Supreme Court ruled in a 4-3 opinion issued on August 23, that California’s Fair Employment and Housing Act (FEHA) requires plaintiffs to prove that they are “qualified ... more

08/20/07 California’s Sexual Harassment Training Regulations Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On August 17, regulations under California’s mandatory sexual harassment prevention training law took effect. Since the California Fair Employment and Housing Commission (FEHC) first proposed regulations under this law, commonl... more

08/16/07 OFCCP Issues Regulations Revising the Categories of Protected Veterans for Affirmative Action Program Purposes

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On August 8, OFCCP issued final regulations that revise the categories of protected veterans for affirmative action program (AAP) purposes. The new regulations become effective on September 7, 2007, and will require many contra... more

08/13/07 Department of Homeland Security Issues Final Rule on Social Security No-Match Letters, Announces Future Border Security Initiatives

LawFlash/Client Alert | Immigration Alert
Immigration

On Friday, August 10, the Department of Homeland Security (DHS) issued a final regulation requiring employers to take certain actions with respect to employment eligibility upon receipt of a Social Security No-Match Letter. Emp... more

August 2007 California's Talent Agencies Act, Ready For Its "Close-Up," Bender's California Labor and Employment Bulletin

Outside Publication | Article
Barbara Fitzgerald

August 2007 Dealing With Workplace Disabilities Under The ADA (Part 1), ALI-ABA Business Law Course Materials Journal

Outside Publication | Article
Anne Estevez, Athalia Lujo

08/01/07 U.S. Court of Appeals for the District of Columbia Circuit Strikes Down Federal Motor Carrier Safety Administration’s Hours-of-Service Rules

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On July 24, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision striking down the Federal Motor Carrier Safety Administration (FMCSA) rule allowing commercial truckers to drive up to 11 hours in a si... more

August 2007 Understanding Complete and Conflict Preemption Under ERISA: A Primer for Lawyers, Mealey's Litigation Report: ERISA, Vol. 6, No. 4

Outside Publication | Article
John Richards

Summer 2007 Respecting Individualism Within the Collective: Building a More Inclusive Labor Movement, Georgetown Journal of Law and Public Policy, Vol. 5

Outside Publication | Article
David Broderdorf

07/18/07 Department of State Issues August 2007 Visa Bulletin: July Revision Is Rescinded; August Numbers Unavailable

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its August 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant vis... more

07/17/07 The Fourth Circuit Reaffirms That an Individual Cannot Waive FMLA Rights: Implications for Release Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The United States Court of Appeals for the Fourth Circuit, in Taylor v. Progress Energy, Inc. , 2007 WL 1893362 (4th Cir. July 3, 2007) ( Taylor II ), recently reaffirmed its earlier decision that the Department of Labor’s (DO... more

07/10/07 Reminder: Effective July 16, 2007, Employers Must Pay All Costs for Preparing, Filing, and Obtaining Labor Certification

LawFlash/Client Alert | Immigration Alert
Immigration

On May 17, the Department of Labor (DOL) published a final rule on substitutions and other labor certification issues that will become effective on July 16, 2007. Labor certification, sometimes known as “PERM,” is t... more

07/09/07 States Cracking Down on Employer Misclassification of Independent Contractors

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

For the past several years, a number of federal agencies, notably the Internal Revenue Service (IRS), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC), have targeted employers tha... more

07/02/07 Department of State Revises July 2007 Visa Bulletin: Employment-Based Visas Unavailable Until October 2007

LawFlash/Client Alert | Immigration Alert
Immigration

On July 2, 2007, in an unexpected and unprecedented move, the U.S. Department of State revised the previously published July 2007 Visa Bulletin to indicate that immigrant visa numbers will not be available in the employment-base... more

Summer 2007 Give Me A Break! Murphy v. Kenneth Cole Productions, ABA TIPS Employment Law Committee Newsletter

Outside Publication | Article
Kathryn McGuigan

Summer 2007 Questioning the Sacred Cow: Reexamining the Justifications for Small Business Set Asides, Public Contract Law Journal, Vol. 36

Outside Publication | Article
Andrew Sakallaris

July 2007 The Supreme Court to Address Circuit Split Under the Federal Tort Claims Act, Mealey's Tort Reform Updated, Vol. 4, No. 12

Outside Publication | Article
John Richards

July 2007 To Hire or Not to Hire, that is the Question: Using Tools Lawfully To Help Us Find Answers, presented at the South Texas College of Law Employment Law Conference, Houston

Presentation | Speech
Erin O'Driscoll

06/28/07 USCIS Temporarily Suspends Premium Processing for Form I-140

LawFlash/Client Alert | Immigration Alert
Immigration

United States Citizenship and Immigration Services (USCIS) has announced that effective July 2, 2007, it will temporarily suspend Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker. Premium Processin... more

06/14/07 Department of State Issues July 2007 Visa Bulletin—All Preference Categories Are Current, Except EB-3 “Other Workers”

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its July 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant visa ... more

06/04/07 European Proposal to Crack Down on the Employment of Illegal Workers

LawFlash/Client Alert | Immigration Alert
Immigration

As part of its ongoing strategy to tackle the issue of illegal workers throughout Europe, the European Commission last week presented its proposal for a Directive on sanctions against EU employers who hire illegal workers. Thes... more

06/04/07 The Supreme Court Relieves Employers of Untimely Pay Discrimination Claims: Decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. Offers Additional Defenses in Pattern or Practice Pay Discrimination Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On May 29, 2007, the United States Supreme Court issued its decision in Ledbetter v. Goodyear Tire & Rubber Co., Inc. , 2007 WL 1528298 (U.S. May 29, 2007), affording employers relief from untimely pay discrimination claims... more

June 2007 Successful Trial Techniques and Strategies in Employment Law Litigation, presented to the Los Angeles County Bar Association, Los Angeles

Presentation | Speech
Robert Jon Hendricks

06/01/07 USCIS Announces Filing Fee Increases; New I-140 Filing Procedures

LawFlash/Client Alert | Immigration Alert
Immigration

USCIS Sets Revised Fee Schedule Effective July 30, 2007

On May 29, 2007, the United States Citizenship and Immigration Services (USCIS) published a new fee schedule for immigration applications and petitions that will b... more

05/18/07 DOL Publishes Rule on Labor Cert Substitution, Expiration, and Other Issues

LawFlash/Client Alert | Immigration Alert
Immigration

On May 17, 2007, the Department of Labor (DOL) published a final rule on substitutions and other labor certification issues that will become effective on July 16, 2007. End to Labor Certification Substitution The final ... more

05/16/07 Department of State Issues June 2007 Visa Bulletin—SIGNIFICANT Forward Movement in All Retrogressed Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its June 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustments of Status (AOS) and consular immigrant visa... more

05/09/07 Three-Year Statute of Limitations Applies to Meal and Rest Period Violations of California Labor Code

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On April 13, 2007, the California Supreme Court issued its opinion in Murphy v. Kenneth Cole Productions, Inc. (Murphy) , holding that the remedy provided by California Labor Code Section 226.7 (Section 226.7) for rest break a... more

05/02/07 What is a Reasonable Person? Sexual and Other Harassment in the Workplace, presented at GMSHRM's 2007 Annual Legislative Update, Miami

Presentation | Speech
Anne Estevez

May 2007 Shielding Companies From Frivolous Lawsuits In The Labor & Employment Arena, The Metropolitan Corporate Counsel

Outside Publication | Article
Anne Estevez

04/26/07 Balancing Work With Real Life, presented at the Hispanic Business Magazine 2007 Woman of the Year Awards

Presentation | Speech
Anne Estevez

04/26/07 Class Action Defense Attorney: Balancing Work with Real Life, presented at the 2007 Hispanic Woman of the Year Symposium, Las Vegas

Presentation | Speech
Anne Estevez

04/24/07 OSHA’s Newest Ergonomic Initiative: The Ergonomic Hazard Alert Follow-Up Policy

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On April 2, 2007, the Occupational Safety and Health Administration (OSHA) issued a new Ergonomic Hazard Alert FollowUp Policy (the Policy) as a directive to regional and area offices. This is OSHA’s newest attempt in a 20year ... more

04/17/07 Senate Introduces High-Tech Worker Relief Act of 2007

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Senate has introduced the High-Tech Worker Relief Act of 2007, a bill that would temporarily increase the number of H-1B visas available to certain highly skilled workers. The bill calls for an immediate incre... more

April 2007 The Ninth Circuit Departs from Established Principles to Permit Borad-Based Employment Discrimination Class Actions: An Evaluation of Dukes v. Wal-Mart, BNA Class Action Litigation Report

Outside Publication | Article
William Doyle, Jr., Mark Dichter

04/13/07 Treasury and IRS Release Long-Awaited Final Regulations on Deferred Compensation Under Code Section 409A

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On April 10, 2007, the Treasury Department and the IRS issued final regulations relating to nonqualified deferred compensation plans under section 409A of the Internal Revenue Code. Section 409A imposes restrictions on deferral... more

04/11/07 USCIS Announces U.S. Advanced Degree Cap Numbers Still Available

LawFlash/Client Alert | Immigration Alert
Immigration

On April 10, 2007, the U.S. Citizenship and Immigration Services (USCIS) released updated filing information regarding the H-1B cap. As of April 9, approximately 119,193 H-1B petitions received on April 2 and April 3 are subjec... more

04/03/07 FY 2008 H-1B Cap Reached

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated numerical cap for fiscal year (FY) 2008, which begins on October 1, 2... more

04/02/07 Absolute Privilege Protects Employers’ Statements, Employment Law 360

Outside Publication | Article
Anne Estevez

April 2007 The Ten Best Ways to Protect Your Business from Employment Claims, presented at the Greater Heights Chamber of Commerce Lunch & Learn Series, Houston

Presentation | Speech
Erin O'Driscoll

Spring 2007 Using Dispute Resolution to Protect Debtor Insurance Policies and Proceeds in Bankruptcy, ABA TIPS Self-Insureds Committee Newsletter

Outside Publication | Article
Kathryn McGuigan

03/30/07 The New York Court of Appeals Rules That an Employer’s Statements on an NASD Form U-5 Are Protected by an Absolute Privilege in Defamation Lawsuits

LawFlash/Client Alert | Securities LawFlash
Securities Industry

On March 29, 2007, the New York Court of Appeals held in Rosenberg v. MetLife, Inc. , USCOA, 2 No. 23 (Mar. 29, 2007), that an employer’s statements on an NASD employee termination notice (Form U-5) are protected by an absolute... more

03/26/07 Occupational Safety and Health Administration’s High Injury and Illness Notification and Site Specific Targeting 2007 Inspection Plan

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 14, 2007, the Occupational Safety and Health Administration (OSHA) sent letters to 14,201 employers notifying them that its 2005 Data Initiative (which collected injury and illness data for calendar year 2005) showed th... more

03/22/07 New York Federal Court Addresses Important Whistleblower Issues of Protected Conduct, Causation, and Remedies Under Sarbanes-Oxley

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Since the enactment of the civil whistleblower protections under the Sarbanes-Oxley Act in 2002 (SOX or the Act), the federal district courts have had few opportunities to weigh in on substantive issues raised under the Act. Wi... more

03/14/07 Department of State Issues April 2007 Visa Bulletin – Again, No Movement in Employment-Based Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its April 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant vi... more

03/08/07 H-1B Reminder and Update Regarding Filing Procedures

LawFlash/Client Alert | Immigration Alert
Immigration

USCIS Accepting H-1B Petitions on April 1, 2007 We would like to take this opportunity to remind clients that the U.S. Citizenship and Immigration Services (USCIS) will begin accepting FY 2008 H-1B petitions on April 1, 2007. ... more

03/05/07 At the Crossroads: The State of Labor Relations in the Hospitality Industry, presented at the National HR in Hospitality Conference, Las Vegas

Presentation | Speech
Steven Wall

03/05/07 FBI Name Check Update and Passport Flexibility for U.S. and Canadian Children

LawFlash/Client Alert | Immigration Alert
Immigration

Federal Litigation No Longer Results in Expedited FBI Name Check U.S. Citizenship and Immigration Services (USCIS) recently announced that they are no longer routinely requesting the FBI to expedite a name check when the onl... more

2007 Sexual Harassment Litigation in the U.S., presented to Nippon Keidanren, Tokyo

Presentation | Speech
Lance Nagel, Mark Dichter, Barbara Fitzgerald, Dennis Morikawa

03/02/07 San Francisco Delays Full Implementation of Paid Sick Leave Ordinance

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Earlier this week, legislative action was taken to delay, by 120 days, full implementation of San Francisco Measure F, known as the Paid Sick Leave Ordinance (the Ordinance). As the February 5, 2007 effective date of the Ord... more

03/01/07 Is the Era of Card Check Certification and Mandatory Interest Arbitration Upon Us?: Employee Free Choice Act Marches Through the House and Heads for the Senate

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 1, 2007, the United States House of Representatives voted by a comfortable 241–185 majority in favor of amending the National Labor Relations Act (the NLRA) through the Employee Free Choice Act (H.R. 800). This legisla... more

March 2007 Presenter, The New Issues in Discrimination Law (Age, Gender, Race, Origin, Cultural, and Beyond), presented for the The University of Houston Law Foundation, Advanced Employment CLE, Dallas and Houston

Presentation | Speech
Stefanie Moll

02/27/07 USCIS Conducts Onsite Audits

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Division (FDNS) has launched a nationwide investigation to uncover immigration fraud among employers who hire foreign nationals... more

02/20/07 Department of State Issues March 2007 Visa Bulletin – Again, No Movement in Employment-Based Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its March 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant visa... more

02/16/07 ERISA Class Actions and Fee Issues, presented at the 19th Annual ERISA Litigation Conference

Presentation | Speech
Nicole Diller

02/15/07 Ninth Circuit Court of Appeals Adopts Permissive Standards for Certifying Title VII Class Actions and Approves Certification of an Unprecedented, Massive Class: Decision in Dukes v. Wal-Mart, Inc. Likely to Result in More Class Action Filings

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In Dukes v. WalMart, Inc. , Nos. 04-16688 and 04-06720, 2007 WL 329022 (9th Cir. Feb. 6, 2007), the United States Court of Appeals for the Ninth Circuit, in a 2-1 opinion, announced a dramatic approach to class certification in... more

02/14/07 ERISA Boot Camp Benefit Claims workshop, presented at the 19th Annual ERISA Litigation Conference

Presentation | Speech
Nicole Diller

02/08/07 Managing European Employees in International Deals, Redundancies, and Business Restructuring: The Evolving Legal Landscape

Presentation | Webinar
Mark Dichter, Walter Ahrens, François Vergne, Philip Miscimarra

Mergers, acquisitions, redundancies, and others types of restructuring—once considered extraordinary changes for multinational employers—are now fundamental to doing business or staying in business. In this one-hour w... more

01/31/07 DOL Submits Draft Rule Prohibiting Labor Certification Substitution

LawFlash/Client Alert | Immigration Alert
Immigration

On January 26, the United States Department of Labor (DOL) forwarded the draft of a final rule that includes the prohibition of labor certification substitution to the Office of Management and Budget (OMB). Once the OMB reviews... more

01/26/07 Deadline for Comments on the FMLA Extended by Two Weeks

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a notice posted in the Federal Register January 26, 2007, The Department of Labor (DOL) announced a further extension of the deadline for comments on the Family Medical Leave Act (FMLA). (more

01/24/07 The Year in Review: Employment Law Developments in California

Presentation | Webinar
Melinda Riechert, Barbara Miller, Karen Peteros

01/23/07 Employers May Begin FY 2008 H-1B Cap Filings on April 1, 2007

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for fiscal year (FY) 2008 on April 1, 2007. April 1, 2007, is the earliest date for which an employer may file an H-1B petition ... more

01/22/07 New Jersey Joins Growing List of States That Prohibit Discrimination on the Basis of “Gender Identity or Expression”

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Joining a growing list of states, New Jersey recently amended its Law Against Discrimination (LAD) to add “gender identity or expression” as a protected characteristic. P.L. 2006, c. 100. The LAD already prohibits discriminatio... more

01/17/07 Department of State Issues February 2007 Visa Bulletin – No Movement in Employment-Based Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its February 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant v... more

01/16/07 USCIS Announces Online Change-of-Address Service

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) announced on January 12, 2007 that it has launched a new Web-based service allowing USCIS customers to submit change-of-address information online. To use the onli... more

01/11/07 DOL Extends Deadline for Requesting RIR Conversion

LawFlash/Client Alert | Immigration Alert
Immigration

On January 10, 2007, the United States Department of Labor (DOL) announced its decision to extend the deadline for providing notification via email of the election to convert a traditional (TR) labor certification to reduction ... more

01/10/07 San Francisco’s Paid Sick Time Law to Take Effect February 5, 2007

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Shortly after the November 7, 2006 election, we reported on “Measure F,” which was approved by more than 60% of San Francisco, California residents. Measure F enacted a “Sick Leave Ordinance” (the Ordinance) that requires all e... more

01/05/07 DOL Publishes FAQs on RIR Conversion

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of Labor (DOL) published on December 22, 2006 new information concerning the conversion of traditional recruitment (TR) labor certifications to the reduction in recruitment (RIR) process. The DOL de... more

2007 Public Accommodations Under the Americans With Disabilities Act: Compliance and Litigation Manual (Thomson West)

Outside Publication | Book
Anne Estevez, Athalia Lujo

January 2007 Intersecting Rights and Obligations: Sharing the Informational Burden from an Employer’s View, presented at the State Bar of Texas Nuts & Bolts Employment Law Seminar, Houston

Presentation | Speech
Erin O'Driscoll

2007 Voluntary Audits Could Bring Raids: The Dangers of Cooperating with ICE, New Jersey Law Journal, Vol. 188, p. 120

Outside Publication | Article
Leni Battaglia

Winter 2006 Risk and Prudent Investments in Employer Stock, Labor and Employment Law News, Vol. 35, No. 2

Outside Publication | Article
Nicole Diller

12/22/06 USCIS Offers New Guidance on "Period of Admission"

LawFlash/Client Alert | Immigration Alert
Immigration

On December 5, 2006, the United States Citizenship and Immigration Services (USCIS) announced new guidance for determining periods of admission for foreign nationals in H-1B, H-4, L-1, or L-2 status. Time Spent in H-4/L-2 Sta... more

12/19/06 Department of State Issues January 2007 Visa Bulletin, Reflecting Very Little Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its January 2007 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant vi... more

12/14/06 401(k) Plan Fees and Expenses Lawsuits Continue to Proliferate

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Over the past few months, numerous class action lawsuits have been filed against 401(k) plan sponsors and their officers, directors, and employees challenging the fees paid to plan service providers. Although many had hoped thi... more

12/06/06 U.S. Department of Labor Determines That Financial Advisors Are Exempt from Overtime Pay

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 27, 2006, the Administrator of the Wage and Hour Division of the United States Department of Labor (DOL) issued an opinion letter concluding that “registered representatives” in the financial services industry with j... more

12/05/06 Passports Required for All Air Travel to United States as of January 23, 2007; Includes U.S. Citizens Reentering the United States

LawFlash/Client Alert | Immigration Alert
Immigration

The Departments of State and Homeland Security announced on November 22, 2006, that as part of the Western Hemisphere Travel Initiative (WHTI) citizens of the United States, Canada, Mexico, and Bermuda will be required to prese... more

12/05/06 The Year in Review: Employment and Labor Law 2006, presented at the Morgan Lewis Breakfast Briefing Series, Palo Alto

Presentation | Speech
Tram-Anh Frank

12/04/06 DOL Requests Employer Comments About Experience with the FMLA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On December 1, 2006, the U.S. Department of Labor (DOL) published a formal Request for Information (RFI) seeking comments and information to help DOL ascertain the effectiveness of the current Family and Medical Leave Act (FMLA)... more

December 2006 Sexual Harassment in the Workplace, Texas Bar Journal

Outside Publication | Article
Stefanie Moll

11/28/06 Ready or Not, Here They Come: The Amended Federal Rules and What They Mean for eDiscovery

Presentation | Webinar
Scott Milner, Denise Backhouse, Stephanie Blair

11/21/06 Telecommuters—The Next Wave of Wage and Hour Litigation?

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Many accommodating employers offer their employees the opportunity to work from home (telecommute) either on a regular or temporary basis. The flexibility of a telecommuting arrangement can benefit both employers and employees.... more

11/17/06 Department of State Issues December 2006 Visa Bulletin, Again Reflecting Forward Movement in Most Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its December 2006 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant v... more

11/15/06 New Jersey Civil Rights Division Releases New Proposed Family Leave Act Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

By now, all employers should be aware of their obligations under the federal Family and Medical Leave Act (FMLA). However, employers who operate in multiple jurisdictions may forget to consider state leave laws, which may not a... more

11/13/06 Employers Must Provide Paid Sick Time Benefits to Their San Francisco Employees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 7, 2006, more than 60% of the San Francisco, California residents who voted cast their ballot in favor of “Measure F.” Measure F would enact a “Sick Leave Ordinance” (the Ordinance) that requires all employers to pr... more

11/13/06 Major Changes to United Kingdom Immigration Laws: Highly Skilled Migrant Programme Suspended

LawFlash/Client Alert | Immigration Alert
Immigration

On November 7, 2006, without prior warning, the UK government announced changes in the rules that govern the Highly Skilled Migrant Programme (HSMP) to take effect on November 8, 2006. In the meantime, the HSMP, which was desig... more

11/03/06 California Election Day Obligations of Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

With a November 7, 2006 statewide election approaching, employers are reminded that they should have posted a “Time Off to Vote” notice in their California workplaces at least 10 days before the election. A copy of the “Time Of... more

11/01/06 OFCCP Provides Significant Guidance Regarding “Internet Applicant” Questions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On Friday, October 27, 2006, OFCCP published an additional series of FAQs that answer several questions contractors frequently ask about Internet Applicant requirements. The new FAQs can be obtained by more

10/17/06 Department of State Issues November 2006 Visa Bulletin, Reflecting Forward Movement in Most Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its November 2006 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant v... more

10/16/06 New Age Discrimination Laws in Europe: How They Differ from U.S. Law

Presentation | Webinar
Kenneth Turnbull, François Vergne, Walter Ahrens

The European partners of Morgan Lewis's International Employment Practice discussed the impact of the latest European age discrimination legislation: Employment Equality (Age) Regulations 2006 in the UK General Equal Tr... more

10/10/06 The Department of Labor Extends Reduction-in-Recruitment Conversion Date

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Labor (DOL) recently announced that it has extended the deadline for converting labor certification applications filed under the traditional process, which requires government-supervised recruitment, to the mor... more

10/05/06 New NLRB Cases That Address Who Is a "Supervisor" Excluded From Union Representation and Collective Bargaining

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In three long-awaited cases decided on September 29, 2006, the National Labor Relations Board (NLRB or Board) provided important new guidance as to when an individual is a supervisor— and therefore ineligible to be a member of a... more

10/05/06 USCIS Announces Expansion of Premium Processing and Elimination of Interim EAD Cards; DOL Announces Online Case Status for Labor Certification Applications Pending at Backlog Elimination Centers

LawFlash/Client Alert | Immigration Alert
Immigration

USCIS Announces Expansion of Premium Processing United States Citizenship and Immigration Services (USCIS) announced that beginning September 25, 2006, it will accept Premium Processing requests for I-140 filings for EB-1 ou... more

10/04/06 Procedural Prudence, presented at the ERISA Litigation Roundtable, New York

Presentation | Speech
Christopher Weals

October 2006 Presenter, Discrimination Update, American Petroleum Labor Lawyers Association, New Orleans, Louisiana

Presentation | Speech
Stefanie Moll

09/27/06 Department of State Issues October 2006 Visa Bulletin, Reflecting Forward and Backward Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its October 2006 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of adjustment of status (AOS) and consular immigrant vi... more

09/25/06 New Legal Challenges to Waivers and Releases – Employers Beware!

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Waiver and release agreements commonly used by many companies throughout the United States have been successfully challenged in several recent court decisions. The stakes in this area are high in terms of legal costs, potential... more

09/20/06 Overtime... What's That? A Basic Understanding of Federal and New Jersey Overtime Laws, presented at The Carnegie Center, Princeton

Presentation | Speech
Prashanth Jayachandran, Thomas Linthorst

09/14/06 Increases to California’s Minimum Wage Signed into Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On September 12, 2006, California Governor Arnold Schwarzenegger signed into law California Assembly Bill (AB) 1835 that will increase California’s minimum wage by $1.25 per hour in two steps over a period of one year. Effectiv... more

09/08/06 OFCCP Formally Eliminates the Equal Opportunity Survey as a Regulatory Requirement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

OFCCP published a final rule in the Federal Register today which formally removes from the agency’s regulations the Equal Opportunity (EO) Survey. The EO Survey requirement was added to OFCCP’s regulations in November, 2000. Im... more

08/23/06 USCIS Announces Premium Processing for EB-3 I-140 Petitions

LawFlash/Client Alert | Immigration Alert
Immigration

United States Citizenship and Immigration Services (USCIS) recently announced that, beginning on August 28, 2006, it will accept Premium Processing requests for two employment-based immigrant categories within the third preferen... more

08/16/06 Department of State Issues September 2006 Visa Bulletin; Forward Movement in Many Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its September 2006 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant ... more

08/14/06 Increase in State Minimum Wages Highlights Growing Role of State Wage and Hour Laws

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In July 2006, Pennsylvania became the sixth state to raise its minimum wage rate in 2006. The Pennsylvania legislation will raise the minimum wage from the current $5.15 per hour to $7.15 per hour effective July 1, 2007. As Con... more

08/02/06 Recent Immigration Developments: H-1B "Master's" Cap Reached and US-VISIT Expands

LawFlash/Client Alert | Immigration Alert
Immigration

U.S. Citizenship And Immigration Services Announces Advanced Degree H-1B Cap Reached The United States Citizenship and Immigration Services (USCIS) has announced that the advanced degree H-1B cap for Fiscal Year (FY) 2007 ... more

07/25/06 Best Practices for Administering FMLA Leave, presented at the Council on Education in Management – Texas FMLA Update 2006, Dallas

Presentation | Speech
Rachel Morgan

07/25/06 Wage and Hour Issues in Life Sciences: Strategies to Avoid Litigation

Presentation | Webinar
Michael Ossip, John Battenfeld, Thomas Linthorst

07/21/06 U.S. Embassy in Japan Changes Procedure for Scheduling Visa Interviews and Fee Payment Method

LawFlash/Client Alert | Immigration Alert
Immigration

Effective June 15, 2006, the American Embassy/Consulate in Japan has changed its system for scheduling nonimmigrant visa interviews and making payments of the fees for forms DS-156. All visa applicants must now: 1. ... more

07/18/06 Department of State Issues August 2006 Visa Bulletin, Reflecting Backward Movement in Cut-Off Dates for Indian Nationals, No Movement for Others

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its August 2006 Visa Bulletin. The Visa Bulletin sets out per-country priority date cut-offs that regulate the flow of Adjustment of Status (AOS) and consular immigrant vis... more

07/18/06 The First Case of Its Kind: Morgan Lewis Team Wins Post-Enron ERISA “Stock Drop” Trial for US Airways

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In the first post-Enron “stock drop” case to go to judgment following a trial, DiFelice v. US Airways, Inc. , Case No. 1:04cv889 (E.D. Va. June 26, 2006), a Morgan Lewis team headed by Labor and Employment Law partners Charles ... more

07/13/06 Managing Complex FMLA Issues;: Reduced Schedule Medical Certification Leave and Benefit Entitlements California Family Rights (Pregnancy, Childbirth Disability - - PCDA)

Presentation | Webinar
Michael Ossip, Karen Peteros, Sarah Bouchard

July 2006 Retaliation after Burlington Northern v. White: A Uniform Standard, What Dissuades a Reasonable Person From Reporting Discrimination?, presented at the South Texas College of Law Employment Law Conference, Houston

Presentation | Speech
Erin O'Driscoll

July 2006 Retaliation in the Workplace: The Supreme Court Expansion of Employer Liability

Presentation | Webinar
Erin O'Driscoll

06/27/06 Fiduciary Liability, When The Stock Value Drops

Presentation | Webinar
Donald Havermann, Theodore Becker, Brian Hector

06/26/06 Burlington Northern & Santa Fe Railway Co. v. White: The Supreme Court Expands the Definition of Retaliation in Title VII Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On June 22, 2006, in Burlington Northern & Santa Fe Railway Co. v. White ( Burlington Northern ), the United States Supreme Court articulated a broad standard for determining the type of conduct that may constitute retalia... more

06/26/06 Protecting European Employee Privacy Rights During U.S. Litigation Discovery

Presentation | Webinar
Kenneth Turnbull, Mark Dichter, François Vergne, Walter Ahrens

In this webinar, the European Partners of Morgan Lewis's International Employment Practice explored the impact of EU data privacy principles on U.S. litigation discovery. Topics in this presentation included: Responding to ... more

06/20/06 Avian Flu: Planning for a Pandemic

Presentation | Webinar
Barbara Melby, Nina Stillman, Walter Ahrens

06/16/06 OFCCP Publishes Final Standards on Systemic Compensation Discrimination and Voluntary Compensation Self-Audit Guidelines

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In June 16, 2006's Federal Register, OFCCP published final standards on systemic compensation discrimination, as well as final guidelines for voluntary self audits of compensation practices. The final systemic discrimination... more

06/15/06 Department of State Issues July 2006 Visa Bulletin, Reflecting More Varied Forward Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its July 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of priority da... more

Summer 2006 A Lesson from Germany on How the United States Could Reform its Laws on Dismissal, Georgetown Journal of Law and Public Policy, Vol. 4, Issue 2

Outside Publication | Article
Lindsay Jackson

06/01/06 "Options Backdating" Issues Heat Up

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As you have undoubtedly read recently, The Wall Street Journal and other media have been beating the drum loudly over whether public companies have “backdated” their options grants such that executives have reaped ... more

06/01/06 USCIS Announces FY 2007 H-1B Is Reached

LawFlash/Client Alert | Immigration Alert
Immigration

In a press release today the U.S. Citizenship and Immigration Services (USCIS) announced that as of May 26, 2006, it had received enough H-1B petitions to meet the ... more

05/31/06 The Senate Comprehensive Immigration Reform Bill: What does it contain? Where does it stand?

LawFlash/Client Alert | Immigration Alert
Immigration

On May 25, the Senate voted 62 to 36 to pass a compromise version of a comprehensive immigration reform bill. At this point, the Senate must negotiate with the House of Representatives to pass a final “conference” bil... more

05/25/06 U.S. Citizenship and Immigration Services Announces Premium Processing Service For I-140, I-539, and I-765 Filings

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) published a notice on May 23 in the Federal Register that allows the agency to add new types of applications to its Premium Processing program by announcing such add... more

05/19/06 USCIS Updates H-1B Numbers: More than Two-Thirds of Available H-1Bs Already Claimed

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Service (USCIS) recently issued updated statistics concerning the number of H-1B petitions filed for fiscal year (FY) 2007 H-1B visa allocation. As of May 16, 2006, 39,445 new H-1B pe... more

05/16/06 Department of State Issues June 2006 Visa Bulletin, Reflecting Varied Forward Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its June 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of priority da... more

2006 Public Accommodations Under the Americans With Disabilities Act: Compliance and Litigation Manual (Thomson West)

Outside Publication | Book
Anne Estevez

04/28/06 The EEOC’s Busy Month of April May Mean More Legal Headaches for the Financial Services Industry

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

A new wave of potential litigation by the Equal Employment Opportunity Commission (EEOC) may compound the headaches already caused by the epidemic of wage and hour class actions surging through the financial services industry. ... more

04/27/06 May 1 Immigration Rallies Pose Risk For Employers Under the National Labor Relations Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On May 1, in what organizers have dubbed “A Day Without Latinos,” hundreds of thousands of individuals across the country are expected to boycott schools and places of employment to protest certain proposed Congressional changes... more

04/21/06 Immigration Enforcement to Focus on Criminal Prosecution of Large-Scale Violators

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), announced a major multiagency effort at combating unauthorized employment of immigrant workers, immigrant smuggling, and money launder... more

04/20/06 Department of Labor Update: Backlog Elimination Centers

LawFlash/Client Alert | Immigration Alert
Immigration

In December 2004, The Department of Labor (DOL) established two Backlog Elimination Centers (BECs), located in Dallas and Philadelphia, to adjudicate all remaining applications for employment certification (AECs) pending under t... more

04/14/06 New Jersey Smoke-Free Air Act Takes Effect April 15, 2006

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

This Saturday, New Jersey will join the growing number of states that have significantly curtailed public smoking. The New Jersey Smoke-Free Air Act (SFAA) takes effect at 12:01 a.m. on April 15, 2006. On April 13, 2006, United... more

04/10/06 Department of State Issues May 2006 Visa Bulletin, Reflecting Some Varied Forward Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its May 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of priority dat... more

10 avril 2006 Les discriminations positives en droit américain et en droit de l'Union européenne, Semaine sociale Lamy

Outside Publication | Article
François Vergne

04/07/06 OFCCP Publishes New FAQs Clarifying the Requirements of the “Internet Applicant” Regulations

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

On April 4, 2006, OFCCP published on its website 32 new FAQs regarding “Internet Applicant” requirements. The new FAQs provide helpful guidance about how OFCCP intends to enforce the new Internet Applicant regulations just prio... more

04/04/06 The Brave New World of Labor and Employment Law, presented at the Morgan Lewis Breakfast Briefing Series, Palo Alto

Presentation | Speech
Tram-Anh Frank

04/03/06 French Government Introduces Measures Permitting Greater Flexibility in Employment Contracts

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

As you have probably read in the press, there have been widespread protests in France against a new employment law that permits employers to apply a two-year trial period to the hiring of new employees who are younger than 26 ye... more

2006 The Family and Medical Leave Act, Editor-in-Chief (BNA Books)

Outside Publication | Book
Michael Ossip

This convenient and comprehensive reference tool is an attorney's best friend for contending with the complex issues surrounding this seemingly simple statute. The Family and Medical Leave Act is the paradigm of sup... more

03/28/06 USCIS Changes Filing Procedures for Employment-Based Petitions

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) recently announced changes to filing procedures for most employment-based petitions and applications. Effective April 1, 2006, employers filing Form I-129 petition fo... more

03/23/06 Children's Best Interests: Divorce Law, Same-Sex Marriage Debate, New York Law Journal

Outside Publication | Article
John Richards

03/17/06 DOL Extends Filing Deadline for Initial LM-10 Reports and Provides Additional Compliance Information for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Last week, the Department of Labor (DOL) announced an extension of the filing deadline for initial LM-10 reports and issued additional guidance concerning employer LM10 reporting obligations under the Labor-Management Reporting ... more

03/14/06 Department of State Issues April 2006 Visa Bulletin, Reflecting Some Continued Forward Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its April 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of priority d... more

March 2006 Inappropriate Internet Use at Work? Employers Must Take Action, New Jersey TechNews

Outside Publication | Article
Richard Rosenblatt

03/13/06 Managing European Employees: Extending Codes of Conduct and Respecting Employee Privacy Rights

Presentation | Webinar
Kenneth Turnbull, Mark Dichter, François Vergne, Walter Ahrens

03/10/06 Employers May Begin FY2007 H-1B Cap Filings on April 1, 2006

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for fiscal year (FY) 2007 on April 1, 2006. April 1, 2006, is the earliest date for which an employer may file an H-1B petition ... more

03/09/06 ERISA's Latest Tidal Wave: Lessons from Employer Stock Litigation, presented at a Chicago Bar Association Seminar

Presentation | Speech
Charles Jackson

03/08/06 French Data Protection Authority Issues Frequently Asked Questions Regarding Whistleblowing Programs

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Codes of Conduct that contain whistleblowing provisions, such as those implemented pursuant to the Sarbanes-Oxley Act, are likely to raise issues under the European Data Protection laws and, in particular, French law. On March ... more

March 2006 Presenter, Employment Law Update, presented at the 2006 Regional Business Conference, San Antonio, Texas

Presentation | Speech
Stefanie Moll

March 2006 U.S. Chapter, Getting the Deal Through Labour & Employment in 27 Jurisdictions Worldwide 2006

Outside Publication | Article
Tram-Anh Frank

02/14/06 DOL Issues Proposed Rule Eliminating Alien Employment Certification Substitution and Imposing a 45-Day Window for Filing Immigrant Petitions

LawFlash/Client Alert | Immigration Alert
Immigration

DOL Issues Proposed Rule Eliminating Alien Employment Certification Substitution and Imposing a 45-Day Window for Filing Immigrant Petitions more

02/13/06 Department of State Issues March 2006 Visa Bulletin; Forward Movement in Cut-Off Date

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its March 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of priority d... more

02/01/06 Department of State Predicts Increased Employment-Based Immigrant Visa Availability

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) recently announced that it has seen a decrease in demand for employment-based immigrant visa numbers, which will result in the rapid advancement of priority date cut-offs for certain... more

February 2006 Mixed Blessing, Corporate Counsel

Outside Publication | Article
William Doyle, Jr.

01/20/06 Breaking News: OFCCP Announces Enforcement Policy Affording Contractors 90 Additional Days to Fully Implement New Internet Applicant Regulations

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

OFCCP recently announced an enforcement policy that will provide contractors up to 90 additional days to implement applicant tracking systems in compliance with the new Internet Applicant regulations, which become effective on F... more

01/19/06 ERISA "Stock-Drop" Litigation: Preparing Your Organization For A Surge In Claims

Presentation | Webinar
John Ferreira, Nicole Diller, Charles Jackson, Brian Ortelere

01/19/06 USCIS Announces FY2006 H-1B Cap Reached For Advanced Degree Professionals

LawFlash/Client Alert | Immigration Alert
Immigration

In a press release today, the United States Citizenship and Immigration Services (USCIS) announced that as of January 17, 2006, it had received enough H-1B petitions to meet the FY2006 H-1B cap for foreign nationals holding a U.... more

01/17/06 Department of State Issues February 2006 Visa Bulletin; Forward Movement in Cut-Off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its February 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of priorit... more

01/12/06 Bracing for a 2006 Filled with OFCCP Compliance Reviews

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

In an effort to schedule a large number of compliance reviews in fiscal year 2006, the OFCCP is poised to send out another wave of scheduling letters in the next two months. Contractors should alert their CEO offices and their ... more

01/12/06 New Jersey Court Rules Employers Must Investigate and Act On Inappropriate Internet Use at Work

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Internet provides myriad benefits to employers. But a recent case from New Jersey’s intermediate court of appeals provides a stark reminder that the Internet also creates new landmines for liability. By now, most employers ... more

01/12/06 USCIS Issues Guidance Regarding E-3 Visa For Australian Nationals

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Citizenship and Immigration Services (USCIS) recently issued guidance on how to file E-3 change-of-status and extension petitions for Australian nationals present in the United States. According to a USCIS press... more

01/05/06 Doing Business Under the Department of Labor's LM-10 Requirements: Compliance and Practical Guidelines for Employers and Certain Service Providers

Presentation | Webinar
John Ring, I. Lee Falk, Daniel Kleinman

01/04/06 Doing Business Under the Department of Labor's LM-10 Requirements: Compliance and Practical Guidelines for Employers and Certain Service Providers

Presentation | Webinar
John Ring, Daniel Bordoni, Philip Miscimarra, Charles Cohen

2006 Repercussions of the Wal-Mart Settlement: An Employer's Responsibility for Undocumented Aliens Working for its Independent Contractors, New Jersey Law Journal, Vol. 184, p. 109

Outside Publication | Article
Leni Battaglia

2006 The Associate Track: How to Impress, Dress, Not Stress and Finesse an Offer this Summer, New Jersey Law Journal, Vol. 184, p. 773

Outside Publication | Article
Leni Battaglia

12/30/05 The Hidden Cost of Working Through Lunch

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On December 22, 2005, a California jury returned a mammoth $172 million verdict against Wal- Mart based on the company’s failure to provide 30-minute unpaid meal breaks during regular work shifts. Savaglio v. Wal-Mart Inc. , C... more

12/20/05 DOL Issues Final Regulations Interpreting USERRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On December 19, 2005, the U.S. Department of Labor (DOL) published final regulations interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq. At the same time, DOL also is... more

12/20/05 House Votes in Favor of Strict Enforcement Bill, Drops H-1B and Immigrant Visa Relief from Budget Reconciliation Bill

LawFlash/Client Alert | Immigration Alert
Immigration

The House of Representatives has taken significant legislative action over the past week. First, the House met regarding budget reconciliation and removed the H-1B and immigrant visa black-out provisions that were proposed by the... more

12/15/05 Department of State Issues January 2006 Visa Bulletin: Forward Movement in Cut-off

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its January 2006 Visa Bulletin. The Visa Bulletin provides some relief to employers and foreign national employees who were affected by the severe retrogression of pr... more

12/08/05 DOL Guidance on Employer Payments and Expenses Provides Important LM-10 Compliance Information for Employers and Service Providers

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Last month, the Department of Labor (DOL) issued long-awaited guidance for employers concerning LM-10 reporting and disclosure obligations under the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 4... more

December 2005 Anatomy of a Corporate Scandal: Issues and Responses, presented to the San Diego Chapter of the Association of Corporate Counsel, San Diego

Presentation | Speech
Robert Jon Hendricks

11/15/05 Department of State Issues December 2005 Visa Bulletin; Some Forward Movement in Cut-off Dates

LawFlash/Client Alert | Immigration Alert
Immigration

The United States Department of State (DOS) has released its December 2005 Visa Bulletin (the Bulletin). The Bulletin should provide some relief to employers and foreign national employees who were dismayed by the severe retrogre... more

11/10/05 DOL Issues Long-Awaited LM-10 Employer Reporting and Disclosure Guidance

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Department of Labor (DOL) has issued its long-awaited LM-10 employer reporting guidance. Although the firm plans to issue a more detailed report on the guidance, this LawFlash contains a brief summary of the significant asp... more

11/09/05 Senate Passes Budget Reconciliation Package (S. 1932) to Provide H-1B Visa and Employment-Based Immigration Relief

LawFlash/Client Alert | Immigration Alert
Immigration

On November 3, the Senate approved the Budget Reconciliation Package (S. 1932) that was originally proposed by the Senate Judiciary Committee on October 20, 2005. This bill provides temporary relief from the H-1B visa cap and t... more

11/09/05 U.S. Supreme Court Rules That Workers Must Be Paid for Certain Walking and Waiting Time Related to the Donning and Doffing of Protective Gear

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 8, the U.S. Supreme Court in IBP, Inc v. Alvarez and Tum v. Barber Foods, Inc. , unanimously ruled that employee time spent walking between work stations and locker rooms where employees “don and doff” (i.e., put ... more

10/27/05 Avoiding Fiduciary Duty for Directors and Officers, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Charles Jackson, Brian Ortelere

10/27/05 Collective and Class Wage and Hour Litigation: Who's in the Cross Hairs, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Richard Rosenblatt, Anne Estevez

10/27/05 Emerging Targets for Wage and Hour Class Action Litigation: Is Your Organization Among Them?, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Richard Rosenblatt, Anne Estevez

10/27/05 Ethical Issues Arising Under Sarbanes-Oxley, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Curley, Michael Banks, Stephanie Reiss

10/27/05 Majority of Visa Waiver Program Countries Meet Passport Deadline

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) announced that the majority of Visa Waiver Program (VWP) countries met the Congressional mandate to produce passports with digital photographs by October 26, 2005. The Enhanced Border S... more

10/27/05 Protecting Executives and Directors from ERISA Fiduciary Liability: Best Practices for Risk Avoidance, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Charles Jackson, Brian Ortelere

10/27/05 Recent Developments in OFCCP Compliance, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
William Doyle, Jr.

10/27/05 The Good, the Bad and the Ugly: The Upcoming Year in Immigration Law and Policy, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
A. James Vázquez-Azpiri, Eleanor Pelta

10/27/05 The New Monopoly: Union-Related Expenses, Jail, and the Department of Labor, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Kirsten Milton, Philip Miscimarra

10/27/05 The Shifting Outlook for Legal Immigration to the United States, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Eleanor Pelta, A. James Vázquez-Azpiri

10/27/05 The Year in Labor: A Mid-Term Report on Regulatory Developments, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Doreen Davis

10/27/05 Top Twenty Ways to Get In Wage and Hour Trouble, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

10/27/05 West Meets East: Navigating the Maze of California Labor & Employment Law, Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Melinda Riechert

10/27/05 You Smoke, You're Fired - Lifestyle, Law and Hiring Policies: Mapping Out Your Corporate Wellness Policy, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Nina Stillman

10/26/05 Senate Judiciary Committee Passes Proposal to Provide H-1B Visa and Employment-Based Immigration Relief

LawFlash/Client Alert | Immigration Alert
Immigration

On October 20, 2005 as part of the budget reconciliation process, the Senate Judiciary Committee held a mark-up meeting regarding a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigr... more

10/05/05 Form LM-10: Surprising New DOL Enforcement of Reporting and Disclosure Requirements

Presentation | Webinar
John Ring, Daniel Bordoni, Philip Miscimarra, Charles Cohen

October 2005 Re-employment for Citizen Soldiers: What Public Employers Need to Know, New Jersey Municipalities

Outside Publication | Article
Richard Rosenblatt

09/22/05 PACE and Steelworkers Merger, presented to the American Forest and Paper Association, Atlanta

Presentation | Speech
Stanley Lechner

09/19/05 What the Immigrant Visa Cut-Off Date Retrogression in the Employment-Based Categories Means in Practice, and How Employers and their Employees Should React to It

LawFlash/Client Alert | Immigration Alert
Immigration

What the Immigrant Visa Cut-Off Date Retrogression in the Employment-Based Categories Means in Practice, and How Employers and their Employees Should React to It more

09/14/05 California Employers Can Refuse To Employ Individuals Who Fail A Drug Test Due To "Medicinal Marijuana" Use

LawFlash/Client Alert | Labor and Employment LawFlash
Shannon Nakabayashi, Carol Freeman, John Battenfeld

In an opinion issued last week, the California Court of Appeal held in Ross v. Ragingwire Telecommunications that an employer does not violate the Fair Employment and Housing Act (FEHA), or any fundamental public policy, by fi... more

09/14/05 Department of State Issues October 2005 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration

Department of State Issues October 2005 Visa Bulletin more

09/14/05 Will Labor's Schism Lead to Labor's Revival?, presented at ORC Worldwide, New York

Presentation | Speech
Joseph Santucci, Jr.

09/07/05 I-9 Rules Relaxed to Accommodate Katrina Victims

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) is relaxing I-9 document verification requirements to facilitate the employment of individuals who were evacuated or displaced as a result of Hurricane Katrina. For at least the next 45 d... more

09/07/05 State Department Publishes E-3 Visa Regulation

LawFlash/Client Alert | Immigration Alert
Immigration

The Emergency Supplemental Appropriations Package (H.R. 1268) was signed by the President in June 2005. As reported earlier, included in H.R. 1268 is a new E-3 nonimmigrant visa classification for Australians. On September 2, 200... more

09/06/05 DOL Revises its Position Against Multiple Labor Certification Applications for Same Employee

LawFlash/Client Alert | Immigration Alert
Immigration

On August 11, 2005, the Department of Labor (DOL) posted a new round of FAQ responses on its PERM Web site (http://workforcesecurity.doleta.gov/... more

08/17/05 Department of State Issues September 2005 Visa Bulletin

LawFlash/Client Alert | Immigration Alert
Immigration

The U.S. Department of State (DOS) has released its September 2005 Visa Bulletin. The third preference employment-based immigrant visa category for professional and skilled workers (known as the “EB-3” category) will continue to ... more

08/17/05 Verstoßen „whistleblower procedures“ von Unternehmen, welche anonyme Anzeigen ermöglichen, gegen französisches oder deutsches Recht?

LawFlash/Client Alert | Business and Finance LawFlash
Business and Finance & Labor and Employment

Unternehmen, deren Anteile an einer Börse in den U.S.A. notiert sind, haben aufgrund des Sarbanes- Oxley-Gesetzes aus dem Jahre 2002 und den darauf beruhenden Bestimmungen der Securities and Exchange Commission („SEC“) sowie der... more

08/16/05 DOL Announces Policy Against Employers Filing Multiple Labor Certification Applications for Same Employee

LawFlash/Client Alert | Immigration Alert
Immigration

On August 11, 2005, the Department of Labor (DOL) posted a new round of FAQ responses on its PERM website (http://workforcesecurity.doleta.gov/f... more

08/12/05 USCIS Announces H-1B Cap Reached on August 10, 2005

LawFlash/Client Alert | Immigration Alert
Immigration

In a press release today, the U.S. Citizenship and Immigration Services (USCIS) announced that as of August 10, 2005, it had received enough H-1B petitions to meet the annual H-1B cap for FY 2006. H-1B petitions that are subject ... more

08/10/05 Whistleblower Procedures Inconsistent with French, German Law?

LawFlash/Client Alert | Securities LawFlash
Business and Finance

Under the Sarbanes-Oxley Act of 2002, and related stock exchange and Nasdaq listing standards, the audit committees of public companies have adopted procedures for handling complaints and grievances relating to accounting, inter... more

08/03/05 FY 2005 and 2006 H-1B Cap Statistics

LawFlash/Client Alert | Immigration Alert
Immigration

On August 1, 2005, the United States Citizenship and Immigration Services (USCIS) released an update on H-1B cap statistics for fiscal years (FY) 2005 and 2006. For FY 2006, the agency reports that 47,395 cases have been counted ... more

07/28/05 Court Rules that California Law Allows Deductions from Exempt Employees’ Vacation Leave for Partial-Day Absences

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a case of first impression decided July 21, 2005, Conley v. Pacific Gas and Electric Co., the California Court of Appeal held that California employers may make deductions from exempt employees’ accrued vacation for partial... more

07/28/05 Disunity in the Labor Movement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Fifty years since its inception, the American Federation of Labor - Congress of Industrial Organizations (AFL-CIO) is facing its greatest challenge with the decision of the Service Employees International Union (SEIU) and the In... more

07/22/05 Boghos v. Certain Underwriters at Lloyds of London: The California Supreme Court Closes a Door and Opens a Window on Plaintiffs’ Assault on Pre-Dispute Arbitration Clauses

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

After several unfavorable decisions on the issue, the California Supreme Court has just issued a ruling that may assist employers in the matter of cost-shifting for arbitration fees in cases that are compelled to arbitration acc... more

07/22/05 Widespread Sexual Favoritism in the Workplace May Form the Basis of a Sexual Harassment Claim Under California Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In an opinion issued July 18, the California Supreme Court held in Miller v. Department of Corrections that consensual relationships between a supervisor and a subordinate leading to widespread sexual favoritism can, in certai... more

07/14/05 OFCCP Poised to Publish Final Internet Applicant Definition

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

On July 5, 2005, the Office of Federal Contract Compliance Programs (OFCCP) sent to the Office of Management and Budget (OMB) a draft final rule providing new standards for applicant recordkeeping. The proposed rule, which ... more

07/05/05 DOL Steps Up Enforcement of Labor-Management Reporting Requirements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a shift from its longstanding policy, the Department of Labor (DOL) has expressed renewed interest in enforcing the reporting requirements contained in the Labor-Management Reporting Disclosure Act (LMRDA), 29 U.S.C. § 401 e... more

06/29/05 State Department Guidance Regarding New E-3 Visa for Australians

LawFlash/Client Alert | Immigration Alert
Immigration

We have learned from the Department of State (DOS) Visa Office that the agency strongly prefers not to issue E-3 visas before August 1, 2005, by which point the Department of Labor (DOL) and the Department of Homeland Security (D... more

06/28/05 OFCCP Compliance Alert

LawFlash/Client Alert | Labor and Employment LawFlash
Morgan Lewis Resources

The Department of Labors’ Office of Federal Contract Compliance Programs (OFCCP) recently made two announcements regarding its enforcement initiatives: the first involves the “Beck notice” that unionized federal contractors are... more

06/20/05 Pennsylvania Protects Good-Faith Employee References

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On June 15, Pennsylvania Governor Edward G. Rendell signed into law Senate Bill 69, which grants civil liability immunity to employers that respond in good faith with reference information on current or former employees. The la... more

06/17/05 The Divided Labor Movement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In the strongest indication to date that 50 years of a unified labor movement may fast be approaching an end, the presidents of five of the AFL-CIO’s largest unions announced on June 15 the formation of a new coalition independe... more

06/05/05 Effective Immediately: New Provisions Regarding Drivers' License and Special Visas For Australians

LawFlash/Client Alert | Immigration Alert
Immigration

On May 12, the president signed the Emergency Supplemental Appropriations Package (H.R. 1268), which contains several new immigration-related laws, including a provision creating a new E-3 nonimmigrant visa for Australian nationa... more

2005 Implications of Smith v. City of Jackson on Equal Pay Act Claims and Sex-Based Pay Discrimination Claims Under Title VII, The Labor Lawyer, Vol. 21, No. 2

Outside Publication | Article
William Doyle, Jr.

06/01/05 Recent Developments in Labor and Employment Law, presented at the Corporate Compliance Training for Community Health Clinics, sponsored by the D.C. Bar, Washington, D.C.

Presentation | Speech
Christopher Weals

05/31/05 The Fontani Decision: Statements on Form U-5 Afforded "Absolute Privilege" Under California Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In Fontani v. Wells Fargo Investments, LLC , the California Court of Appeal held that the absolute privilege established by Civil Code Section 47(b) applies to statements made on Uniform Termination Notice for Securities Indust... more

May 2005 Calling All Employers: Be Proactive with FLSA Compliance or Risk Potentially Exorbitant Liability, New Jersey TechNews

Outside Publication | Article
Jill Jachera

04/19/05 H-1B Regulation Further Delayed

LawFlash/Client Alert | Immigration Alert
Immigration

We have learned that the regulation implementing the additional 20,000 H-1Bs for Fiscal Year (FY) 2005 has encountered further delays at the Office of Management and Budget (OMB). It remains unclear when the rule will be publishe... more

April 2005 "People Not Places:" The Fiction of Consent, The Force of the Public Interest, and the Fallacy of Objectivity in Police Encounters with Passengers During Traffic Stops, University of Pennsylvania Journal of Constitutional Law, Vol. 7, Issue 5

Outside Publication | Article
Erica Flores

04/01/05 Smith v. City of Jackson: Good News and Bad News for Employers Defending Against Disparate Impact Claims Under the ADEA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 30, 2005, in Smith v. City of Jackson , a divided Supreme Court resolved a longstanding circuit split, holding that plaintiffs bringing claims under the Age Discrimination in Employment Act (ADEA) can rely on the dispa... more

04/01/05 EEOC Rule Allowing Coordination of Retiree Health Benefits with Medicare Permanently Enjoined

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 30, 2005, a federal judge in the Eastern District of Pennsylvania permanently enjoined the Equal Employment Opportunity Commission (EEOC) from issuing a rule that would permit employers to reduce health benefits when a ... more

03/31/05 Update on Status of Additional 20,000 FY2005 Visa Numbers

LawFlash/Client Alert | Immigration Alert
Immigration

U.S. Citizenship and Immigration Services (USCIS) is still not accepting petitions for the FY2005 20,000 H-1B visa numbers that were to have become available as of March 8, 2005. The failure of USCIS to put in place a mechanism f... more

03/15/05 Understanding Trade Unions in China, presented at the ORC Worldwide Labor/Industrial Relations Advisory Group - Pacific Rim Meeting, New York

Presentation | Speech
Tram-Anh Frank

March 2005 UPDATE: DOL Re-Issues Poster Providing Notice of USERRA Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 2, 2005, Morgan Lewis issued a LawFlash regarding the poster published by the Department of Labor (DOL), pursuant to The Veterans Benefits Improvement Act of 2004 (Public Law 108-454), providing employees with notificat... more

03/09/05 Additional 20,000 H-1B Visas Available to All Qualified Nonimmigrants

LawFlash/Client Alert | Immigration Alert
Immigration

On March 8, 2005, U.S. Citizenship and Immigration Services (USCIS) announced that the additional allocation of 20,000 H-1B visas made possible by the H-1B provisions in the FY 2005 Omnibus Appropriations Act would be available t... more

03/06/05 USCIS States it will Not Accept Filings for New Exempt H-1BS

LawFlash/Client Alert | Immigration Alert
Immigration

On March 8, 2005, certain provisions of the FY 2005 Omnibus Appropriations Bill ("Omnibus Bill"), signed into law on December 8, 2004, take effect. One of the major provisions is the new exemption from the 65,000 limit of 20,000 ... more

03/03/05 Update: DOL Retracts Poster Providing Notice of USERRA Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

March 2005 DOL Issues Poster Providing Notice of USERRA Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Veterans Benefits Improvement Act of 2004 (Public Law 108-454), which amended the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq . (USERRA), requires that employers notify covered employe... more

03/02/05 Settlement Agreements, at the ABA Section of Labor & Employment Law, Committee on Practice & Procedure under the National Labor Relations Act in Puerto Rico

Presentation | Speech
Jonathan Fritts

02/23/05 The New Unity Partnership - Where Is The AFL-CIO Going And How Will It Get There, presented at The Labor/Industrial Relations Advisory Group (LIRAG), Palm Beach, FL

Presentation | Speech
Joseph Santucci, Jr.

02/11/05 EEOC Rule Allowing Coordination of Retiree Benefits with Medicare Delayed for Sixty Days

LawFlash/Client Alert | Labor and Employment LawFlash
Steven Spencer

On Friday, February 4, 2005, a federal judge in the Eastern District of Pennsylvania approved a stipulation between the EEOC and the AARP that stays until April 5, 2005 the EEOC’s issuance of a rule permitting coordination of em... more

01/25/05 Illinois Prohibits Discrimination on the Basis of Sexual Orientation

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On January 21, Illinois Governor Rod Blagojevich signed into law Senate Bill 3186, which amends the Illinois Human Rights Act (IHRA) to ban employment discrimination on the basis of sexual orientation. The law will take effect ... more

01/14/05 Bush Administration Unveils Pension Reform Proposal

LawFlash/Client Alert | Labor and Employment LawFlash
Joseph Ronan, Jr.

On Monday, January 10, U.S. Secretary of Labor Elaine Chao announced the Bush administration’s proposal for reforming the pension plan system. The proposal applies only to private, single-employer defined benefit plans; such pl... more

01/11/05 Final HIPAA Regulations Expand and Sharpen Group Health Plan Portability Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Joseph Ronan, Jr.

On December 30, 2004, the Department of the Treasury, the Department of Labor and the Department of Health and Human Services jointly issued final regulations that modify and clarify previously published interim rules governing ... more

2005 Challenging the NFL's Eligibility Rule: Clarett Tackled for a Loss, Texas Entertainment & Sports Law Journal, Vol. 14. p. 4

Outside Publication | Article
Leni Battaglia

12/29/04 New H-1B Fees in Effect as of December 9, 2004

LawFlash/Client Alert | Immigration Alert
Immigration

President Bush signed the FY2005 Omnibus Appropriations Act on December 8, 2004, which includes an education and training fee for the H-1B visa program. Before October 1, 2003, the American Competitiveness and Workforce Improveme... more

12/22/04 DOL Issues Guidance that Confirms and Describes the Fiduciary Responsibilities of Directed Trustees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On December 17, the Department of Labor (DOL) issued general guidance regarding the fiduciary responsibilities of directed trustees (e.g., banks, trust companies and other entities that hold employee benefit plan assets, subject... more

12/03/04 Congress Passes Legislation Expanding Employer Obligations Under USERRA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Congress has sent to the White House new legislation amending the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq . (“USERRA”), the federal statute that governs the employment rights of indivi... more

12/02/04 NLRB Overrules Sturgis: Joint Collective Bargaining That Includes Contingent or Temporary Agency Workers Requires Consent by the Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 19, 2004, the National Labor Relations Board (“Board”), in Oakwood Care Center, 343 NLRB No. 76 (Nov. 19, 2004), overruled its controversial decision in M.B. Sturgis , 331 NLRB 1298 (2000), and returned to longstand... more

12/01/04 China and Beyond: A Look at Current HR Challenges In Asia, presented at the U.S. Chamber of Commerce, The Charles H. Smith, Jr. International HR Policy Forum: HR Policy Challenges in Europe and Asia, Washington, D.C.

Presentation | Speech
Tram-Anh Frank

11/24/04 Federal Budget Bill Brings Changes to H-1B and L-1 Visa Programs

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Fiscal 2005 Omnibus Appropriations Bill recently passed by both the House and Senate contains important provisions affecting the H-1B and L-1 visa programs. President George W. Bush is expected to sign the bill into law in ... more

11/22/04 Illinois Employers Should Be ForeWARNed: Beginning January 1, 2005, You Will Be Required to Comply

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As a result of legislation signed by Illinois Governor Rod Blagojevich, effective January 1, 2005, many employers in Illinois that may conduct a plant closing or mass layoff will be required to comply with the Illinois WARN Act.... more

11/16/04 OFCCP Publishes Guidelines and Standards for Evaluating Potential Compensation Discrimination

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

On November 16, 2004, the OFCCP published for public comment two proposed guidelines dealing with potential systemic compensation discrimination. One document contains proposed guidelines for contractor self-evaluations of comp... more

11/05/04 OFCCP Issues New Federal Contractor Selection System Letters

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

NOVEMBER 4, 2004: Charles James, Director of the OFCCP, spoke today at the National Employment Law Institute’s annual Affirmative Action Briefing in Washington, D.C. Mr. James reported that slightly more than 1,700 Federal C... more

11/01/04 Machine Readable Passports Now Required for Visa Waiver Applicants

LawFlash/Client Alert | Immigration Alert
Immigration

Effective October 26, 2004, every person entering the U.S. who is applying for admission under visa waiver must have an individual machine-readable passport, including children. Please note that the machine-readable passport requ... more

10/20/04 The Government's New Approach: Compensation and Adverse Impact Issues, presented at the American Employment Law Council's 12th Annual Conference

Presentation | Speech
Mark Dichter, Michael Burkhardt

10/15/04 Congress Passes New Law Permitting Plaintiffs to Fully Deduct Attorneys’ Fees Paid in Settlement or Judgment of Discrimination Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On October 11, 2004, Congress passed the American Jobs Creation Act of 2004 which, when signed by the President will permit a plaintiff to deduct attorneys’ fees and costs “above the line” from the plaintiff’s gross income. Whi... more

10/15/04 Litigating Employment Cases: Views From the Bench

Presentation | Speech
Michael Curley

10/06/04 New California Legislation 2005: An Overview

LawFlash/Client Alert | Labor and Employment LawFlash
Carol Freeman, John Battenfeld, Rebecca Eisen

California Governor Arnold Schwarzenegger proved that he really is the “Governator” by closing out the legislative session on September 30th with the highest veto percentage of any first-year governor since the California Legisl... more

10/03/04 USCIS Reaches H-1B Cap for FY 2005

LawFlash/Client Alert | Immigration Alert
Immigration

On October 1, 2004, the first day of the federal government’s new FY 2005 fiscal year, U.S. Citizenship and Immigration Services (USCIS) announced that the FY 2005 annual cap on H-1B visas was reached, and that any cap-subject pe... more

09/29/04 Understanding Employment Issues in the Pacific Rim, presented at the ORC Worldwide Senior Human Resource Officers’ Network Meeting, San Francisco

Presentation | Speech
Tram-Anh Frank

09/28/04 DOL Issues First Proposed Regulations Interpreting USERRA

LawFlash/Client Alert | Labor and Employment LawFlash
Richard Rosenblatt, Carol Freeman

On September 20, 2004, the U.S. Department of Labor (DOL) published the first proposed regulations interpreting the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq . (USERRA), beginning a... more

09/22/04 New Jersey’s Conscientious Employee Protection Act Is Amended To Include A New Notice Obligation On Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Richard Rosenblatt, Rene Johnson, Thomas Linthorst, Jill Jachera

On September 14, 2004, Governor James E. McGreevey signed legislation that requires New Jersey employers to annually advise their employees of their rights under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 ... more

09/08/04 H-1B Cap Could be Reached in September 2004

LawFlash/Client Alert | Immigration Alert
Immigration

As of August 18, 2004, U.S. Citizenship & Immigration Services (U.S. CIS) received 45,900 cap-subject H-1B filings for fiscal year 2005. Previously, as of August 4, 2004, the U.S. CIS had received 40,000 cap-subject H-1B fili... more

08/31/04 Amendment to Illinois Human Rights Act Authorizes Attorney General To File Pattern and Practice Clas

LawFlash/Client Alert | Labor and Employment LawFlash
James Bayles Jr., Nina Stillman

On August 24, 2004, Illinois Governor Rod Blagojevich signed into law S.B. 2878 (now Public Act 093-1017), which authorizes the Illinois Attorney General to commence civil actions in state court against employers accused of enga... more

08/31/04 H-1B Cap for FY 2005 Very Close to Being Reached

LawFlash/Client Alert | Immigration Alert
Immigration

H-1B Cap for FY 2005 Very Close to Being Reached more

08/31/04 Meacham et al. v. Knolls Atomic Power Lab: The Second Circuit Continues to Apply the Disparate Imp

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Despite the Supreme Court’s strong indication in Hazen Paper Co. v. Biggins , 507 U.S. 604 (1993) that the disparate impact theory is not viable under the Age Discrimination in Employment Act (ADEA), as well as decisions in the... more

08/31/04 The Sav-On Decision: Where Do Employers Go from Here?

LawFlash/Client Alert | Labor and Employment LawFlash
Carol Freeman, John Battenfeld, Rebecca Eisen

The California Supreme Court has finally issued its long-awaited decision in Sav-On Drug Stores, Inc. v. Superior Court . For the first time, the state’s highest court has specifically addressed the use of class actions for re... more

08/30/04 Office of Federal Contract Compliance Programs (OFCCP) to Notify Companies of Upcoming Compliance Reviews

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

This LawFlash contains the link to the new “advance alert” letter that the OFCCP will soon use to notify companies of upcoming compliance reviews. Currently, the OFCCP does not give companies any advance warning that ... more

08/24/04 H-1B Cap Near to Being Reached for Fiscal Year 2005

LawFlash/Client Alert | Immigration Alert
Immigration

U.S. Citizenship and Immigration Services has announced that the agency has received 40,000 cap-subject H-1B filings subject to the fiscal 2005 cap. Of those, 21,000 have been approved, while the rest are pending. Currently, ... more

08/18/04 How to Conduct an Internal Investigation

Presentation | Speech
Stanley Lechner

08/12/04 Governor Schwarzenegger Signs Legislation Scaling Back California's "Sue Your Boss" Law

LawFlash/Client Alert | Labor and Employment LawFlash
Carol Freeman, John Battenfeld

California Governor Arnold Schwarzenegger today signed SB 1809, overhauling last year’s Labor Code Private Attorneys General Act ("PAGA")-one of the worst pieces of legislation to come out of Governor Davis’s last days in office.... more

08/11/04 New Photograph Requirements Announced

LawFlash/Client Alert | Immigration Alert
Immigration

U.S. Citizenship and Immigration Services ("USCIS") recently announced that starting August 2, 2004, the photograph requirements for all applicants will change from the "green card" style, three-quarter face position to a regular ... more

08/05/04 Public Disclosure of Occupational Injury and Illness Rates By The Occupational Safety and Health Administration

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On February 25, 2002, the Occupational Safety and Health Administration (OSHA) sent letters to more than 13,000 employers notifying them that its 2001 Data Initiative (collecting data for calendar year 2000) showed that they had... more

07/25/04 Visa Screen Requirement Delayed for Some Canadian and Mexican Health Care Workers

LawFlash/Client Alert | Immigration Alert
Immigration

U.S. Citizenship and Immigration Services (USCIS) announced on July 19, 2004 that implementation of the health care worker certification requirement, also known as Visa Screen, will be delayed for a one year period for certain foreign health care workers from Canada and Mexico. This exemption applies only to Canadian and Mexican TN (NAFTA professional) health care workers who were employed as TN nonimmigrant health care workers before September 23, 2003 and held a valid license from a U.S. jurisdiction before September 23, 2003.

On July 23, 2003, USCIS announced that, after July 26, 2004, foreign health care workers, other than physicians, who are subject to the foreign health care worker certification requirement, are inadmissible, and ineligible for an extension of status or change of status if already in the United States, unless they present a certificate granted by an approved credentialing organization. This most recent announcement

07/23/04 Fifth Circuit Extends Faragher/Ellerth Affirmative Defense to Whistleblower Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Sarah Bouchard

The Faragher/Ellerth defense, named for the two U.S. Supreme Court decisions from which it was derived, serves to defeat hostile work environment claims in certain circumstances. The defense negates employer liability for har... more

07/22/04 Dukes v. Wal-Mart: Road Map for Critical Self-Analysis

Morgan Lewis Title | White Paper
Labor and Employment

This White Paper focuses on how the Wal-Mart decision can be used as a “road map” for employer risk assessments and corrective measures. The decision in the well-publicized Wal-Mart case, issued this June, certi... more

07/22/04 Extension Possible for F/J Students Subject to H-1B Cap if Filed by 7/30/04

LawFlash/Client Alert | Immigration Alert
Immigration

Until today, July 23, 2004, an F-1 student or J-1 exchange visitor student whose status ran out prior to October 1, 2004 could not apply for a change of status to H-1B for the next fiscal year and instead had to leave the country... more

07/15/04 NJ's Domestic Partnership Act Expands Rights of Same-Sex Couples

LawFlash/Client Alert | Labor and Employment LawFlash
Richard Rosenblatt, Rene Johnson, Thomas Linthorst, Jill Jachera

On July 12, 2004, New Jersey’s Domestic Partnership Act (DPA) went into effect, changing the legal landscape that employers and New Jersey health insurance providers must navigate with respect to employee protections and benefits... more

07/11/04 Visa Revalidation Ending on July 16, 2004

LawFlash/Client Alert | Immigration Alert
Immigration

Effective on July 16, 2004, visa revalidation through the Department of State will no longer be available. Until the program is officially terminated, an expired or unexpired visa in your passport that is eligible for revalidatio... more

07/01/04 U.S. Supreme Court Holds That State Tort Claims Arising from a Denial of Plan Coverage Are Preempted by ERISA

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On June 21, 2004, the U.S. Supreme Court unanimously ruled in Aetna Health, Inc. v. Davila that ERISA completely preempts state law tort claims brought against two ERISA plan administrators who denied certain coverage under... more

06/25/04 Special Advisory to Employers of Foreign National Health Care Workers: New Health Care Worker Certificate Requirement for Nonimmigrants Takes Effect July 26, 2004

LawFlash/Client Alert | Immigration Alert
Eric Bord

Summary Effective July 26, 2004, foreign health care workers – except physicians – must obtain a certificate verifying their training and English language proficiency in order to be approved for temporary nonimmigrant visa... more

06/21/04 Preventing, Investigating, and Addressing Harassment and Discrimination at Work, presented to the Texas A&M Foundation, College Station, TX

Presentation | Speech
Rachel Morgan

06/16/04 NLRB to Review Recognition Bar in Neutrality Agreement Cases

LawFlash/Client Alert | Labor and Employment LawFlash
Doreen Davis, Charles Cohen, Joseph Santucci, Jr.

Recent union organizing initiatives have met with the greatest success when they are accomplished without secret ballot elections conducted by the National Labor Relations Board. As a result, unions are increasingly relying on ag... more

06/15/04 NLRB Returns to Earlier Precedent Holding That Weingarten Right Does Not Apply in Nonunion Workplaces

LawFlash/Client Alert | Labor and Employment LawFlash
Doreen Davis, Charles Cohen, John Ring

On June 9, 2004, the National Labor Relations Board held that employees who are not represented by a union do not have the right, under the National Labor Relations Act (the "Act"), to have a coworker present during an investigat... more

06/15/04 Sarbanes-Oxley Whistleblower Provisions: Administrative and Judicial Developments During the First Two Years, presented at a Securities Industry Employment Law Roundtable

Presentation | Speech
Thomas Linthorst

06/15/04 Visa Revalidation in the U.S. Scheduled to End July 2004

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of State (DOS) has announced that soon it will no longer accept new applications for visa revalidation in the United States because of a requirement of biometric identifiers that the Revalidation Unit cannot meet. ... more

06/14/04 OFCCP Settles Allegations of Pay Discrimination Using New Statistical Model

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

On June 4, 2004 the Administrative Law Judge approved the settlement of the OFCCP's enforcement action against Wyeth and Wyeth Pharmaceuticals. The OFCCP had filed this well-publicized enforcement based on allegations of compen... more

06/14/04 Supreme Court Decides That The Faragher-Ellerth Affirmative Defense Is Available To Employers In Sexual Harassment, Constructive Discharge Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Peter Buscemi, Harry Rissetto, Sarah Bouchard

On June 14, 2004 the Supreme Court ruled that a constructive discharge does not constitute a tangible employment action sufficient to deprive an employer of its affirmative defense to sexual harassment liability under Title VII,... more

06/13/04 International Employment Issues Panel, presented at the 2004 American Immigration Lawyers Association (AILA) Annual Conference on Immigration Law, Philadelphia

Presentation | Speech
Tram-Anh Frank

06/03/04 Comments on OFCCP's Proposed Definition of Internet Applicant

LawFlash/Client Alert | OFCCP Alert
Morgan Lewis Resources

On March 29, 2004, the OFCCP published for comment proposed regulations on the definition of an Internet Applicant for recordkeeping purposes. Its proposed regulations followed an earlier definition published in the form of Quest... more

June 2004 DOL Releases Final COBRA Notice Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On May 26, 2004, the Department of Labor (DOL) published final rules about the statutory notice obligations under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The final notice rules generally follow the p... more

May 2004 FLSA White-Collar Regulations

Morgan Lewis Title | White Paper
Robert Smith, Michael Ossip, James Kelley, II, Thomas Linthorst

On April 20, 2004, the Wage & Hour Division of the Department of Labor released the unofficial text of the final rule implementing the exemptions from overtime pay for executive, administrative, professional, outside sales a... more

2004 Public Accommodations Under the Americans With Disabilities Act: Compliance and Litigation Manual (Thomson West)

Outside Publication | Book
Anne Estevez

05/07/04 A Win for Employers: New Jersey Supreme Court Rejects Wrongful Termination Claims of Employee Terminated for Refusing to Sign Non-Compete Agreement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In April 2003, we reported that New Jersey’s intermediate appellate court had recognized claims of wrongful termination under both the New Jersey Conscientious Employee Protection Act (“CEPA”) and state common law brought by an ... more

05/04/04 California’s Workers’ Compensation System Changes

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Changes to California’s workers’ compensation system became effective on Monday, April 19, 2004, with the signing of Senate Bill 899 (SB 899). SB 899 is over 70 pages long and quite complex. While we encourage clients to work c... more

04/21/04 Department of Labor Releases New White Collar Exemption Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Department of Labor released the Final Rule representing the first major overhaul of the white collar exemptions from the minimum wage and maximum hour provisions of the Fair Labor Standards Act in almost 50 years. While th... more

03/31/04 Understanding Foreign Employment Law, presented at the Association of Corporate Counsel of America (ACCA), Southern California Chapter Roundtable, Irvine

Presentation | Speech
Tram-Anh Frank

03/29/04 Sarbanes-Oxley's Civil Whistleblower Protections: An Update on Administrative and Judicial Decisions Under the Act, Employment Law

Outside Publication | Article
Rene Johnson, Thomas Linthorst

03/11/04 Advice for Avoiding Employment Related Lawsuits, presented at the Big XII Development Conference, Dallas

Presentation | Speech
Rachel Morgan

03/07/04 Federal District Court Permits Employers to Require Current Employees To Sign a One-Time Authorization Under the F.C.R.A. as a Condition of Continued Employment

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

During February 2004, the United States District Court for the Middle District of Pennsylvania, decided, in a case of first impression that the Fair Credit and Reporting Act (“F.C.R.A.”), 15 U.S.C. § 1681b. permits an employer t... more

03/02/04 U.S. Supreme Court Holds That the ADEA Does Not Prohibit “Reverse Age Discrimination”

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On February 24, 2004, the U.S. Supreme Court ruled in a 6-3 decision that the Age Discrimination in Employment Act of 1967 (the “ADEA”) does not prohibit an employer from favoring an older employee over a younger one, even if bo... more

02/23/04 Handling — or Un-Handling — Your Adversary's Privileged Documents, New Jersey Law Journal

Outside Publication | Article
Richard Rosenblatt

02/19/04 Seventh Circuit Vacates Blanket Injunction Against Enforcement of Nondisparagement Clause Against Witnesses in EEOC Proceedings

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

This time, the EEOC went too far. In EEOC v. Severn Trent Services, Inc ., the United States Court of Appeals for the Seventh Circuit vacated a blanket injunction issued by the United States District Court for the Northern Dis... more

02/18/04 Department of Homeland Security Announces FY 2004 H-1B Visa Quota Filled

LawFlash/Client Alert | Immigration Alert
Immigration

Department of Homeland Security Announces FY 2004 H-1B Visa Quota Filled more

02/02/04 Minimum Wage Reminder: What Employers Need To Know

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Beginning February 23, 2004, employers in San Francisco must comply with San Francisco’s new minimum wage of $8.50 per hour and poster requirement. The San Francisco city minimum wage applies to employees who work within the bo... more

01/26/04 H-1B Visa Cap Imminent: What Employers Need to Know

LawFlash/Client Alert | Immigration Alert
Immigration

H-1B Visa Cap Imminent: What Employers Need to Know more

01/26/04 Morgan Lewis Labor & Employment Group Recognized by American Lawyer

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Morgan Lewis has one of the top labor and employment practices in the country, according to the January 2004 edition of The American Lawyer magazine, the nation’s leading monthly legal publication. The Morgan Lewis Labor &... more

01/21/04 Senators Unveil Bipartisan Immigration Reform Bill

LawFlash/Client Alert | Immigration Alert
Immigration

Senators Tom Daschle (D-S.D.) and Chuck Hagel (R-Neb.) unveiled proposed legislation today that could serve either as a vehicle for or an alternative to President Bush’s recent proposals on immigration reform. Like the Whit... more

01/12/04 Whistleblower Protection Act Poster

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

As reported in our October 2003 LawFlash, effective January 1, 2004, the California “Whistleblower Protection Act” extends protections to employees who report violations of state or federal rules, or who refuse to participate in... more

01/08/04 White House Proposes Broad Immigration Reforms

LawFlash/Client Alert | Immigration Alert
Immigration

White House Proposes Broad Immigration Reforms more

01/07/04 Bush Administration Immigration Reforms

LawFlash/Client Alert | Immigration Alert
Immigration

The administration’s proposal is broadly worded, and lacking in many specifics. It will now be up to Congress to turn the President’s ideas into legislation, and in the process add the details and definition to the concepts outli... more

01/05/04 "U.S. Visit" Program Implemented Today

LawFlash/Client Alert | Immigration Alert
Immigration

“U.S. VISIT,” a Department of Homeland Security (“DHS”) program which will fingerprint and photograph all foreign nationals entering the U.S., goes into effect today at 115 airports and 14 seaports nationwide. U.S. VISIT stands... more

12/23/03 Mexican Nationals Eligible to Apply for TN-2 Status Directly at U.S. Consulate Starting January 1, 2004

LawFlash/Client Alert | Immigration Alert
Immigration

The requirement for Mexican TN-2 applicants to first get their petitions approved through the United States Citizenship and Immigration Services office (U.S. CIS) at the Nebraska Service Center (NSC) is about to change. As of Jan... more

12/17/03 U.S. Citizenship and Immigration Services Issues Statement On H-1B Cap

LawFlash/Client Alert | Immigration Alert
Immigration

In response to an inquiry by the American Immigration Lawyers Association, William R. Yates, Deputy Director, Citizenship and Immigration Services stated on December 16, 2003, that he did not believe that the H-1B cap would be re... more

Winter 2003 Morgan Lewis on Complex Litigation
Winter 2003

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: Update on New Rule 23 Amendments: Because Congress took no action on the proposed amendments to Rule 23, the amendments became effective on December 1, 2003. Class-Action Legislation- Status of C... more

12/09/03 Waiver of Evidentiary Privileges Through Inadvertent or Unauthorized Disclosures

Presentation | Speech
Richard Rosenblatt

12/09/03 Ethics and Privileges in the Context of Employment Investigations: Presented at the New Jersey Institute for Continuing Legal Education (Ethics for Employment Lawyers Program)

Presentation | Speech
Richard Rosenblatt

thisisstest

12/04/03 California Supreme Court Sexual Harassment Decision: May Have Limited Impact for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On November 24, 2003, the California Supreme Court issued its long-awaited decision in State Department of Health Services v. Superior Court of Sacramento County “ McGinnis ”. The court held that while “an employer continues ... more

12/02/03 30-Day and Annual Re-Registration Requirements Under NSEERS Have Been Cancelled - Other Special Registration Requirements Still in Effect

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) announced in a press release that all persons subject to special registration requirements will no longer have to comply with the 30-day and one year re-registration requirements under an... more

11/21/03 Special Registration (NSEERS) May Be Abandoned

LawFlash/Client Alert | Immigration Alert
Immigration

The Department of Homeland Security (DHS) may be abandoning the special registration program that primarily affects men from predominantly Muslim countries. A report in the November 21, 2003 issue of The Washington Post says that... more

11/12/03 Ethical Considerations and Malpractice Prevention in Employment Law Practice, presented at the CLE Employer-Side Employment Law of the University of Houston Law Foundation, Dallas

Presentation | Speech
Rachel Morgan

10/15/03 What Now – Employment Legislation in California

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Now that the recall is over (at least for now), California employers will need to focus on some important new legislation. During the 2003 session of the California legislature, numerous employment-related bills were introduced... more

10/01/03 Ethical Issues In Employment Law - Pennsylvania Convention Center, Philadelphia

Presentation | Speech
Michael Bloom

October 2003 Managing Reductions in Force for the Faltering Company, PLI's 32nd Annual Institute on Employment Law

Outside Publication | Article
Melissa Rodriguez

10/01/03 The Sarbanes-Oxley Act After One Year, presented to the American Employment Law Council, Napa, CA

Presentation | Speech
Mark Dichter

10/01/03 Understanding Foreign Employment Law and the World of Immigration Law Post-9/11, presented at a Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Tram-Anh Frank

09/29/03 H-1B Employer Fee of $1000 No Longer Required

LawFlash/Client Alert | Immigration Alert
Immigration

Effective Wednesday, October 1, 2003, employers are no longer required to submit the $1000 ACWIA fee. In accordance with the sunset provision in Immigration and Nationality Act (INA) §214(c)(9)(A) and the September 15, 2003 memor... more

09/25/03 Machine-Readable Passports for Visa Waiver Program Travel Postponed

LawFlash/Client Alert | Immigration Alert
Immigration

On September 25, 2003, the Department of State announced the postponement of the requirement that visa waiver travelers possess a machine-readable passport. Travelers from most visa waiver countries will now face a deadline of Oc... more

09/16/03 H-1B $1,000 LCA Usage/Training Fee to Sunset on September 30, 2003, H-1B Cap to return to 65,000

LawFlash/Client Alert | Immigration Alert
Immigration

The $1,000 filing fee for H-1B visas imposed by the American Competitiveness and Workforce Improvement Act (ACWIA) of 1998 will sunset on September 30, 2003, barring any new H-1B legislation. This means that H-1B petitions filed ... more

09/16/03 Immigration Agencies Undergo Name Changes, Announce "One Face at the Border" Initiative

LawFlash/Client Alert | Immigration Alert
Immigration

The three agencies under the Department of Homeland Security that are charged with immigration functions have announced a formal decision to drop the word "Bureau" from their names. The agency charged with adjudicating immigratio... more

Summer 2003 Morgan Lewis on Labor and Employment
Summer 2003

Newsletter | Morgan Lewis on Labor and Employment
Labor and Employment

In this Issue: U.S. Supreme Court Term Covers Key Labor, Employment and Benefits Issues: The Court ended its Term with a flourish when it issued the University of Michigan affirmative-action decision during its la... more

08/28/03 State Department Announces New Procedure for "Visa Lottery" Applications

LawFlash/Client Alert | Immigration Alert
Immigration

In an Interim Rule that became effective on August 18, the Department of State announced its intention to accept applications for the Diversity Visa Program, commonly known as the "Visa Lottery," solely through an electronic syst... more

08/25/03 Non-Discrimination Clause In Labor Agreement Together With Parties’ Conduct Held To Authorize Arbitrator To Interpret And Apply FMLA

Outside Publication | Article
Rene Johnson

08/12/03 FTAs with Chile & Singapore – E Visa Established/H-1B Category Affected

LawFlash/Client Alert | Immigration Alert
Immigration

Once signed by the President of the United States, Free Trade Agreements (FTA) with Chile and Singapore will enable treaty traders and investors who are nationals of those countries to apply for E-1 or E-2 visas as appropriate to... more

08/11/03 The Developing Law of Neutrality Agreements

Presentation | Speech
Charles Cohen

08/06/03 IBM and Xerox Cash Balance Plans Found to Violate ERISA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On July 31 and August 1, 2003, two important decisions were issued addressing the legality of cash balance plans. Both decisions, although addressing very different issues, found that the subject cash balance plan violated the ... more

08/04/03 U.S. Government Cancels TWOV and ITI Programs: International Travelers who Transit the U.S. Need Visas

LawFlash/Client Alert | Immigration Alert
Immigration

On August 2, 2003, the Department of Homeland Security and the Department of State suspended two programs that allow international air passengers to travel through the United States in transit without first obtaining visas. As a ... more

07/29/03 EEOC Proposes ADEA Exemption for Reduction or Elimination of Medical Benefits for Medicare-Eligible Retirees

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Equal Employment Opportunity Commission (“EEOC”) has issued a Notice of Proposed Rulemaking (“Notice”) in which it seeks to limit the impact of the Third Circuit Court of Appeals decision in Erie County Retirees Ass’n v. Co... more

07/22/03 New Rules Requiring Consular Interviews Causing Significant Delays in Visa Issuance

LawFlash/Client Alert | Immigration Alert
Immigration

On July 7, 2003 the U.S. Department of State announced new rules that require most applicants for nonimmigrant visas to appear for personal interviews as part of the visa application process. As a result, visa applicants at virtu... more

07/03/03 Supreme Court Vacates Class-Wide Awards Because Issue of Whether the Agreement Authorizes Arbitration of Class Claims Is for the Arbitrator

Outside Publication | Article
Rene Johnson

07/01/03 Supreme Court Decides That Availability of Class Action Proceedings Arbitrations Will Depend Upon Arbitration Agreement Language

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On June 23, 2003, the United States Supreme Court vacated two multimillion-dollar class arbitration awards holding that the question of whether an arbitration agreement forbids class arbitration should be decided by the arbitrat... more

06/24/03 U.S. Supreme Court Endorses Non-Quota-Based Diversity Practices

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a decision significantly supporting employer-based diversity programs, the U.S. Supreme Court upheld the University of Michigan law school’s race-conscious admissions program in Grutter v. Bollinger . Endorsing Justice Powe... more

6/12 & 6/13 2003 Proposed Amendment to the Americans With Disabilities Act, presented at the University of Louisville's 20th Annual Carl A. Warns, Jr. Labor & Employment Law Institute

Presentation | Speech
Mark Dichter, Sharon Lisitzky

06/04/03 Another Victory In Favor of Arbitration: New York Federal Court Holds Sarbanes-Oxley Whistleblower Claims Must Be Arbitrated

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On May 16, 2003, the U.S. District Court for the Southern District of New York held that the Sarbanes-Oxley Corporate Reform Act of 2002 (“Sarbanes-Oxley”) does not preclude arbitration of whistleblower claims brought by em... more

May 2003 Arrest and Conviction Information: Does Your Application Conform To Labor Code Requirements?

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Does your application form ask for improper arrest or conviction information? If so, you need to be aware of a class action recently filed against more than 100 employers in a California state court alleging violations of Labor... more

May 2003 Contractual Jury Trial Waivers in Federal Employment Litigation

Outside Publication | Article
Rene Johnson

May 2003 Is Mandatory Arbitration of Employment Disputes the Right Approach for Your Company?

Outside Publication | Article
Rene Johnson

April/May 2003 Morgan Lewis on Complex Litigation
April/May 2003

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: Class Action Reform Legislation Back on Track: Republican control of the Senate appears to have re-energized class action reform efforts in Congress. Supreme Court Docket: The Supreme Court hea... more

04/24/03 New Jersey Court Recognizes Wrongful Termination Claim for Employee Who Is Terminated for Refusing to Sign Overbroad Noncompete Agreement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The New Jersey appellate courts have struck another blow to the employment-at-will doctrine. On April 16, 2003, New Jersey’s intermediate appellate court, in a 2-1 decision, held that an employee terminated for refusing to sign... more

04/11/03 DOL Proposes Sweeping Changes to White Collar Overtime Exemptions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Department of Labor published its long-awaited proposed revisions to the white-collar exemptions from the minimum wage and maximum hours provisions of the Fair Labor Standards Act on March 31, 2003, starting a 90-day period ... more

04/02/03 Labor and Employment Partner Relocates to Princeton

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

We are pleased to announce that Labor & Employment partner Rene M. Johnson will relocate her practice to our Princeton, New Jersey office from New York. Ms. Johnson joined Morgan Lewis in 1993, and for ten years has represe... more

03/28/03 Issuance of DOL's Proposed FLSA Regulations

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On Wednesday, March 26, the U.S. Department of Labor (DOL) announced its intent to make changes to the white collar exemptions (the professional, administrative, executive, outside sales, and computer professional exemptions) to... more

3/19-3/22 2003 Arbitration of Employment Claims, presented at the ABA EEO Committee Midwinter Meeting

Presentation | Speech
Mark Dichter

03/19/03 Occupational Safety & Health Administration's Enhanced Enforcement Policy

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Responding to significant media and congressional criticism of its ability to effectively enforce the law, the Occupational Safety and Health Administration (“OSHA”) unveiled a new “Enhanced Enforcement Policy” on March 11. Und... more

03/07/03 Final Security Regulations Published Under HIPAA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

With less than two months before the April 14, 2003 deadline for compliance with the HIPAA Privacy Regulations, the U.S. Department of Health & Human Services published the final HIPAA Security Regulations on February 20, 20... more

02/26/03 New Jersey Supreme Court Allows Handbook Arbitration Provisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

For the second time in just over six months, the New Jersey Supreme Court has provided employers much needed guidance regarding the enforceability of arbitration agreements in the employment context. In Leodori v. CIGNA Corpor... more

01/22/03 Occupational Safety and Health Administration’s Occupational Injury and Illness Certification

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

As most employers are aware, the 2002 calendar year was the first year in which employers were required to keep records under the Occupational Safety and Health Administration’s (“OSHA”) new rule on Occupational Injury and Illne... more

12/01/02 Developments in Employment Law - Breakfast Briefing Series

Presentation | Speech
Carol Freeman

11/07/02 New Pennsylvania Supreme Court Decision Affects the Enforceability of Noncompete Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On October 16, 2002, the Pennsylvania Supreme Court decided Hess v. Gebhard & Co., Inc. , a case with immediate consequences for Pennsylvania employers who are parties to or negotiating employment agreements with employees.... more

11/05/02 New Laws Affecting California Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In the 2002 legislative session, the California Legislature passed many bills affecting the rights of California employees and the obligations of California employers. While California Governor Gray Davis vetoed some of the mos... more

November/December 2002 Morgan Lewis on Complex Litigation
November/December 2002

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: The Rise of Consumer Protection Statutes in Complex Commercial Litigation: In the past decade, state consumer protection statutes have become a popular vehicle for class action litigation. This phenomen... more

Fall 2002 Morgan Lewis on Labor and Employment
Fall 2002

Newsletter | Morgan Lewis on Labor and Employment
Labor and Employment

In this Issue: OFCCP Update Sarbanes-Oxley Act - New Laws Prohibiting Retaliation Against Whistleblowers: On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002, which is aimed at... more

10/31/02 Keeping the Client Out of Trouble

Presentation | Speech
Mark Dichter

10/23/02 A Federal Court of Appeals Holds That Arbitration Decisions Under Collective Bargaining Agreements May Derail a Plaintiff's Title VII Case

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a recent decision, the United States Court of Appeals for the Second Circuit lent significant support to the value of using an arbitration award, obtained under a collective bargaining agreement, to defeat a plaintiff’s emplo... more

October 2002 Recent Trends in Employment Law, presented at the Texas Society for Healthcare Human Resources Administration, Dallas

Presentation | Speech
Rachel Morgan

09/01/02 New Jersey Courts Expand Employer Liability for Unlawful Harassment and Emphasize Prevention Training

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In three recent decisions, the New Jersey state courts have once again demonstrated zero tolerance for harassment in the workplace. In addition to expanding employer liability for unlawful harassment, these three cases place ev... more

08/31/02 EEOC v. Luce, Forward: Ninth Circuit Overturns Anomalous Duffield Ruling

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On September 3, 2002, in a significant triumph for employers having or considering predispute employment arbitration programs for their employees, the Ninth Circuit held in EEOC v. Luce, Forward, Hamilton & Scripps that em... more

08/12/02 Compensation and Benefits Implications of the Sarbanes-Oxley Act of 2002

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In response to numerous recent corporate accounting scandals, President George W. Bush signed into law the Sarbanes-Oxley Act of 2002 (the "Act") on July 30, 2002. The Act generally is aimed at policing the accounting industry,... more

08/07/02 Are There Any Limits on Punitive Damages Awards in Private Arbitration?

Outside Publication | Article
Rene Johnson

08/01/02 President Bush Signs Law Prohibiting Retaliation Against Securities Fraud Whistleblowers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On July 30, 2002, President Bush signed into law the Sarbanes-Oxley Act of 2002, which is aimed at reining in corporate wrongdoers and providing greater oversight of the beleaguered accounting industry. The law also includes tw... more

07/31/02 Mediation of Class Actions: Preparing Yourself, Your Client, And Your Resources For Class Action Mediation

Morgan Lewis Title | White Paper
Grace Speights, Mark Dichter, Andrew Schaffran

Class action employment cases present unique challenges for defendants that should be carefully considered early on in the litigation process. The financial and public relations stakes can be extraordinarily high. In addition t... more

07/03/02 Employment Arbitration Agreements and Existing Employees, New York Law Journal

Outside Publication | Article
Rene Johnson

07/01/02 New Jersey Supreme Court Expands Scope of Mandatory Arbitration Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In an important victory for employers, the New Jersey Supreme Court has ruled that employees who sign an arbitration agreement contained in a preemployment job application can be compelled to submit their statutory claims to arb... more

06/01/02 California Legislature on Verge of Passing Troubling Anti-Arbitration "Reform" Measures

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Imagine legislation that gives an employee the right to disregard entirely the designation of the arbitration organization and rules contained in a predispute agreement, and elect after the dispute has arisen to pick a different... more

June 2002 Morgan Lewis on Labor and Employment
June 2002

Newsletter | Morgan Lewis on Labor and Employment
Labor and Employment

In this Issue: U.S. Supreme Court Tackles Full Range of Labor and Employment Law Issues: In a long-awaited decision, the U.S. Supreme Court, in National Railroad Passenger Corp. v. Morgan , has finally given its gu... more

May 2002 Morgan Lewis on Complex Litigation
May 2002

Newsletter | Morgan Lewis on Complex Litigation
Litigation and Labor

In this Issue: Recent Trends in ADA Public Accommodation Litigation: In the past few years, plaintiffs’ attorneys, often coupled with select disability advocacy groups, increasingly have brought lawsuits under Title... more

04/01/02 Occupational Safety & Health Administration's Site Specific Targeting 2002 Inspection Plan

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On April 15, 2002, the Occupational Safety and Health Administration ("OSHA") announced its Site Specific Targeting 2002 ("SST-2002") Program. Under the Program OSHA will inspect 3000 worksites that reported high injury and ill... more

03/01/02 Occupational Safety & Health Administration's High Injury and Illness Notification and Site Specific Targeting 2001 Inspection Plan

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On February 25, 2002, the Occupational Safety and Health Administration ("OSHA") sent letters to over 13,000 employers notifying them that its 2001 Data Initiative (collecting data for calendar year 2000) showed that they had th... more

03/01/02 U.S. Supreme Court Invalidates FMLA Regulation Requiring Additional 12 Weeks of Leave for Employer Violation of Individual Notice Requirement

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Nine years after the enactment of the Family and Medical Leave Act ("FMLA"), the U.S. Supreme Court has issued its first decision interpreting the Act. In Ragsdale v. Wolverine Worldwide, Inc. , the Court invalidated a Departm... more

February 2002 Bill Prohibiting Mandatory Overtime for Hourly Wage Health Care Professionals Signed into Law

Morgan Lewis Title | White Paper
Lawrence Fine

On January 2, 2002, Acting Governor Donald DiFrancesco signed into law legislation amending New Jersey’s Wage and Hour Laws that will have a significant impact on employers in the health care industry in New Jersey. The l... more

02/01/02 Eighth Circuit Reaffirms That Employees Don't Have To Say FMLA For It To Be FMLA

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Consistent with its liberal construction of "notice" under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq., a U.S. Court of Appeals recently held that minimal notice is required for an employee to ... more

02/01/02 U.S. Supreme Court Sets Up Hurdle For Employers Seeking to Dismiss Discrimination Actions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Prevailing on a motion to dismiss an employment discrimination complaint just became more difficult for employers. According to the Supreme Court's recent decision in Swierkiewicz v. Soreman N.A. , complaints of employmen... more

January 2002 Morgan Lewis on Labor and Employment

Newsletter | Morgan Lewis on Labor and Employment
Labor and Employment

In this Issue: The Impact of 9/11/01 on Your Workplace: As the U.S. proceeds with its war against terrorism, no issue will have a more tangible and immediate impact on the American workplace than the call-up of thou... more

01/01/02 OSHA's Recordkeeping Rule Now Effective

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On January 1, 2002, the Occupational Safety and Health Administration ("OSHA") new rule on Occupational Injury and Illness Recording and Reporting Requirements (the "Recordkeeping Rule") became effective. It is extremely import... more

01/01/02 Overview of the Railway Labor Act, presented at the ALI-ABA Airline and Railroad Labor and Employment Law Seminar, Washington, D.C.

Presentation | Speech
Harry Rissetto

01/01/02 Supreme Court Holds That Private Agreements To Arbitrate Employment Disputes Do Not Preclude The EEOC From Recovering Monetary And Other Relief For The Individuals Who Sign Them

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On January 15, the Supreme Court ruled 6-3 that even if an employee has agreed to arbitrate all employment-related disputes, the EEOC may still seek "victim-specific" relief in court for that individual, including backpay, reins... more

January 2002 Supreme Court Weighs in on Remedies Available Under ERISA

Morgan Lewis Title | White Paper
Steven Spencer, Jeremy Blumenfeld

On January 8, 2002, the Supreme Court issued a 5-4 decision in Great-West Life & Annuity Ins. Co. v. Knudson , 2002 WL 15399 (Jan. 8, 2002). This case addresses the remedies available under the Employee Retirement Income S... more

01/01/02 Unanimous Supreme Court Decision Restricts Definition of Disability Under The Americans With Disabilities Act

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a decision that has been widely hailed by employers, the United States Supreme Court has restricted the definition of "disability" under the Americans with Disabilities Act ("ADA"). The Supreme Court ruled that to be disable... more

January 2002 Untangling the FMLA, ADA and Worker’s Compensation Overlap, moderated at the Council on Education in Management

Presentation | Speech
Robert Jon Hendricks

12/01/01 California Court Denies Affirmative Defense to Supervisory Harassment

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On Nov. 29, 2001, the Third Appellate District issued a decision concluding that the affirmative defense to supervisory harassment created by the Supreme Court in Faragher and Ellerth is not applicable to claims brought... more

November 2001 Are Your Temporary Employees Now Covered by the Same Collective Bargaining Agreement As Your Permanent Employees? The NLRB Says Yes.

Morgan Lewis Title | White Paper
Charles Cohen

In our September 14, 2000 White Paper on M.B. Sturgis and Jeffboat Division , 331 NLRB No. 173 (2000), we updated you on the NLRB’s decision to allow temporary employees to become a part of the same bargaining unit as per... more

November 2001 Keeping Leave Law Fraud and Malingering to a Minimum, presented at the Council on Education in Management Seminar, Houston

Presentation | Speech
Rachel Morgan

11/01/01 Trends in Employment Law: Avoiding Class Actions, presented at the Morgan Lewis Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Grace Speights, George Stohner

10/01/01 Guidelines on Handling Suspicious Mail

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Following recent reports about Anthrax exposures, employees justifiably are asking what they can do to ensure that they are safe from chemical and biological agents. Employers also should remember that the Occupational Safety a... more

10/01/01 More Information on Reservists' Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

We have received numerous questions on reservists' rights from clients since September 11. This LawFlash contains a summary of questions/answers in this area that have wide applicability. To review other frequently asked questi... more

October 2001 New Delaware E-mail Monitoring Law

Morgan Lewis Title | White Paper
Michael Ossip

Morgan Lewis would like to call attention to the recent enactment of legislation in Delaware which will impact how Delaware employers monitor and/or intercept their employees' telephone calls, e-mails, or internet transmissions.... more

October 2001 Religious and Ethnic Tolerance in the Workplace Following the World Trade Center Tragedy, New Jersey Tech

Outside Publication | Article
Jill Jachera

October 2001 The Impact of 9/11/01 on Your Workplace, The Metropolitan Corporate Counsel

Outside Publication | Article
Richard Rosenblatt

10/01/01 The War on Terrorism and Employees' Rights: What Every Employer Should Know About USERRA

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Just days after the attack on the United States, President Bush called as many as 35,000 members of the military reserves and National Guard to active duty. When these men and women leave their civilian jobs to fulfill their mi... more

November 2001 Violence in the Workplace, The Metropolitan Corporate Counsel

Outside Publication | Article
Jill Jachera

September 2001 Morgan Lewis on Labor and Employment
September 2001

Newsletter | Morgan Lewis on Labor and Employment
Labor and Employment

In this Issue: Mandatory Arbitration: Is It For You?: The United States Supreme Court recently put its stamp of approval on the use of arbitration clauses in employment agreements, holding that federal law supports ... more

09/01/01 Reemployment Rights of Reservists and National Guard Personnel

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In the wake of the tragedy of last week, the President has announced a call-up of thousands of military reservists to aid with our nation's increased security and defense needs. Reservists and National Guard personnel will be t... more

August 2001 NLRB Liberalizes Position on Employee Participation Committees

Morgan Lewis Title | White Paper
Charles Cohen, Joseph Santucci, Jr.

Good news for employers from the National Labor Relations Board? Yes - after years of troubling decisions during the Clinton Administration, the NLRB, in its decision in Crown Cork & Seal , 334 NLRB No. 92 (July 20, 2001),... more

August 2001 OSHA Begins Enforcing Its Revised Bloodborne Pathogens Standard

Morgan Lewis Title | White Paper
Dennis Morikawa

On January 18, 2001, the Occupational Safety and Health Administration (“OSHA”) published a revised bloodborne pathogens standard (29 CFR § 1910.1030) in accordance with a legislative mandate contained in the Ne... more

06/01/01 California's DLSE Clarifies Enforcement Position Regarding Deductions From Exempt Employee's Salary — Employers Beware

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a dramatic reversal to prior interpretations, the California Department of Industrial Relations, Division of Labor Standards Enforcement ("DLSE") has recently revised its position regarding the salary requirements for employe... more

June 2001 Privacy Rights in a High-Tech World: Monitoring Employee E-Mail, Voicemail and Internet Use

Morgan Lewis Title | White Paper
Thomas Linthorst

The technological innovations developed over the past several years have revolutionized the workplace. E-mail, voicemail, and Internet access have become an integral part of an employee’s workstation and have dramatically... more

June 2001 The Family and Medical Leave Act, presented at the Employment and Labor Law Conference, Houston

Presentation | Speech
Rachel Morgan

06/01/01 U.S. District Court Finds Employer's Failure To Provide Contraceptive Drug Coverage Constitutes Gender Discrimination

LawFlash/Client Alert | Labor and Employment LawFlash
William Lewis, Jr.

On June 12, 2001, the United States District Court for the Western District of Washington granted summary judgment to a class of female employees denied coverage for prescription contraceptives under their employer's prescriptio... more

05/01/01 District Court Holds That Employer Violated ADEA By Requiring Medicare-Eligible Retirees To Pay Medicare Part B Premium

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In August, 2000, the Third Circuit Court of Appeals held that an employer violates the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq . ("ADEA") if it provides Medicareeligible retirees with health benefits that a... more

05/01/01 New Immigration and Naturalization Service "Premium Processing" Program

LawFlash/Client Alert | Labor and Employment LawFlash
William Lewis, Jr.

After years of growing backlogs in the processing of nonimmigrant visa petitions, the Immigration and Naturalization Service ("INS") has announced that it will begin a "premium processing " program on June 1, 2001. The program ... more

May 2001 U.S. Supreme Court Gives Green Light to Arbitration of Employment Disputes

Morgan Lewis Title | White Paper
Robert Smith

With the United States Supreme Court’s March 21, 2001 decision in Circuit City v. Adams, the Court has confirmed that employment agreements are included in the Federal Arbitration Act’s endorsement of arbitration as ... more

04/01/01 Critical Labor and Employment Issues Affecting Emerging Growth Companies, presented to the Pennsylvania Bar Institute, Philadelphia

Presentation | Speech
Michael Ossip

April 2001 FMLA Q&A (with Forms), The Practical Lawyer

Outside Publication | Article
Michael Ossip

03/01/01 Congress Votes to Repeal OSHA's Ergonomics Standard

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In a move widely seen as a significant victory for business and a defeat for organized labor, the United States Congress voted on March 6 and 7, 2001 to repeal the Occupational Safety and Health Administration's (OSHA) ergonomic... more

03/01/01 Employers Must Reassess Retiree Medical Benefit Plans After Supreme Court's Decision Not to Hear Erie Case

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 5, 2001, the Supreme Court denied certiorari in Erie County Retirees Association v. County of Erie . While the Supreme Court's denial of certiorari in Erie is not indicative of the Court's view of the substance of t... more

03/01/01 U.S. Supreme Court Upholds Use of Mandatory Arbitration Clauses in Employment Contracts

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The U.S. Supreme Court put its stamp of approval on the use of arbitration clauses in employment agreements, holding that federal law supports the resolution of workplace disputes through the arbitration process. In a 5-4 decis... more

February 2001 Morgan Lewis on Labor and Employment
February 2001

Newsletter | Morgan Lewis on Labor and Employment
Labor and Employment

In this Issue: RIF Strategies: As the economy cools from the extraordinary pace of the last several years, many businesses — large and small — have been forced to consider reductions-in-force. Unlike in other econom... more

2001 Managing Information and Documents in Complex Labor and Employment Cases, presented to the National Employment Law Council Conference

Presentation | Speech
Robert Jon Hendricks

2001 Negotiating the Minefield of Federal and State Employment Laws and Regulations, presented to the Council on Education in Management

Presentation | Speech
Robert Jon Hendricks

January 2001 New EEOC Regulations Prohibit "Tender Back" Provisions and Limit Usefulness of Covenants Not to Sue in ADEA Waiver

Morgan Lewis Title | White Paper
Michael Ossip

Over the past several years, waivers have become a common tool in preventing future disputes between employers and their employees. Employers often require employees to sign releases or waivers of any employment-related claims ... more

January 2001 New Rule Regarding "Responsible Contractor Determination: The Blacklisting Rule"

Morgan Lewis Title | White Paper
Robert Smith

On December 20, 2000, the Federal Acquisition Regulatory Council ("FAR Council") issued a final rule, effective January 19, 2001, to clarify the standards to be used by Federal agency contracting officers when awarding U.S. Gove... more

January 2001 Office of Federal Contract Compliance Programs - Equal Opportunity (EO) Surveys

Morgan Lewis Title | White Paper
Morgan Lewis Resources

This White Paper is intended to answer frequently asked questions regarding the Office of Federal Contract Compliance Programs' Equal Opportunity (EO) Survey. FAQs Covered Include: Why Was my Company Selected to ... more

12/01/00 Administration to Issue Rule Regarding Federal Contractor Blacklisting

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Despite federal contractor opposition, the Clinton Administration is about to issue its rule to prohibit federal contracting agencies from awarding contracts to employers that have had any adverse criminal or civil judgments inv... more

December 2000 California Employers Brace for New Wave of Employee Protections

Morgan Lewis Title | White Paper
Labor and Employment

On January 1, 2001, California employers will awaken to a host of new employee statutory protections in a number of areas, including workplace harassment, disability rights, union activity, wage and hour violations, overtime req... more

12/01/00 Court Permits Claim That Start-Up Fraudulently Misrepresented its "Intent to Hire" Sales Director to Proceed to Trial: The Cautionary Tale of Cohen v. entangible.com

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Companies seeking to hire talented executives in today's tight labor market should note with interest a recent federal district court decision that held that companies who are less than forthcoming about their "intentions" durin... more

12/01/00 New EEOC Regulations Prohibit Tender Back Provisions and Limit the Usefulness of Covenants Not to Sue in ADEA Waiver Agreements

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On December 11, the Equal Employment Opportunity Commission ("EEOC") issued new regulations which prohibit certain types of provisions in agreements that provide for the waiver of age discrimination claims under the federal Age ... more

November 2000 EEOC Issues Enforcement Guidance Regarding Discrimination in Employee Benefits

Morgan Lewis Title | White Paper
Employee Benefits

On October 3, 2000, the Equal Employment Opportunity Commission (“EEOC”) released enforcement guidance (the “Guidance”) analyzing discrimination in employee benefits. The Guidance serves as a reference f... more

November 2000 OSHA's Final Ergonomics Program Standard

Morgan Lewis Title | White Paper
Jeremy Blumenfeld, Dennis Morikawa

In November 14, 2000, the Occupational Safety and Health Administration ("OSHA") published in the Federal Register the final ergonomics program standard, to be codified at 29 C.F.R. § 1910.900. The standard -- which appl... more

November 2000 The California Supreme Court Extends the String of Gains for Employers into the Areas of At-Will Employment and Discrimination

Morgan Lewis Title | White Paper
Labor and Employment

The California Supreme Court handed employers a significant victory on October 5, 2000 in Guz v. Bechtel National, Inc . First, the court somewhat limited the ability of terminated employees to reach a jury on a claim of breac... more

September 2000 California Supreme Court Approves Mandatory Predispute Agreements to Arbitrate Statutory and Other Employment Discrimination Disputes

Morgan Lewis Title | White Paper
Labor and Employment

In a broad endorsement of predispute agreements to arbitrate employment claims, the California Supreme Court ruled in Armendariz v. Foundation Health Psychcare Services, Inc . that anti-discrimination claims brought under the C... more

September 2000 NLRB Alters Rules for Organizing Temporary and Contingent Workers

Morgan Lewis Title | White Paper
Lawrence Fine, Charles Cohen

The National Labor Relations Board has been at it again. This time it has substantially altered the rules regarding temporary and contingent workers. On August 25, 2000, the NLRB issued its decision in M.B. Sturgis and Jeffb... more

September 2000 Retirement Plan Investment Decisions Attacked in Class Actions Threatening Financial Services Industry

Morgan Lewis Title | White Paper
Steven Spencer, Michael Banks, Joseph Costello

During the past year, there have been a number of lawsuits in which groups of retirement plan participants have challenged the plan investment decisions of plan fiduciaries under the Employee Retirement Income Security Act (&ldq... more

August 2000 The Third Circuit Changes the Landscape of the ADEA and the Retiree Health Benefits

Morgan Lewis Title | White Paper
Steven Spencer, Paul Evans

The Third Circuit Court of Appeals rendered a decision in Erie County Retirees Association v. County of Erie , No. 99-3877, 2000 WL 1053833 (3d Cir. Aug. 1, 2000) that expands the prohibitions of the Age Discrimination in Emplo... more

07/10/00 Neutrality Agreements: Will the NLRB Sanction Its Own Obsolescence? Presented before The American Bar Association, Committee on Development of the Law Under the National Labor Relations Act, Key Largo, FL

Presentation | Speech
Charles Cohen

07/07/00 Corporations Seek Costs, Fees, Sanctions for Frivolous Lawsuits, Corporate Counsel Weekly

Outside Publication | Article
Richard Rosenblatt, Michael Banks

July 2000 Employers Beware: The NLRB is Watching Your E-Mail

Morgan Lewis Title | White Paper
Charles Cohen

“Business-only.” These two words are at the center of attention when examining whether a company’s e-mail and Internet policy runs afoul of the National Labor Relations Act. Most employers have probably though... more

July 2000 NLRB Extends Rights to Have Co-Employee Present at Investigatory Interviews to Non-Unionized Employers

Morgan Lewis Title | White Paper
Lawrence Fine, Charles Cohen

On July 10, 2000, the National Labor Relations Board (NLRB) ruled in Epilepsy Foundation of Northeast Ohio , that non-unionized employees have a right under the National Labor Relations Act (NLRA) to have a coworker present dur... more

July 2000 Supreme Court and Third Circuit Explore the Application of ERISA to Fiduciaries and Parties in Interest

Morgan Lewis Title | White Paper
Steven Spencer

During the Spring of 2000, the Supreme Court and the Third Circuit issued several decisions which define the scope of liability for ERISA fiduciaries and parties in interest. In one Supreme Court decision and in two Third Circu... more

June 2000 California Supreme Court Ruling in Asmus v. Pacific Bell

Morgan Lewis Title | White Paper
Labor and Employment

On June 1, 2000, the California Supreme Court ruled, in Asmus v. Pacific Bell , that an employer may unilaterally terminate an employment policy that contains a specified condition if the condition is one of indefinite duration... more

June 2000 Employment Issues for Emerging Companies, New Jersey TechNews

Outside Publication | Article
Jill Jachera

June 2000 Legislation Enacted to Exclude Employee Stock Options from Overtime Pay

Morgan Lewis Title | White Paper
Lawrence Fine

On May 18, 2000, in response to a Department of Labor opinion letter publicized last January which concluded that profits from employee stock option plans must be included in “regular rates” of pay for purposes of ca... more

June 2000 Philadelphia Ordinance Limits Employer Hiring Practices

Morgan Lewis Title | White Paper
Michael Ossip, Christopher Ramsey, Jill Jachera

On June 30, 2000, a new law takes effect in Philadelphia that will impact employers in the hotel, building-management and health-care fields. The Displaced Contract Workers Ordinance ("DCWO") limits the ability of contractors i... more

June 2000 Recent EEOC and Court Decisions that Affect Your Business, presented at the Employment and Labor Law Conference, Houston

Presentation | Speech
Rachel Morgan

06/01/00 Survey of Current Developments in Employment Law, presented to the Investment Advisors Compliance Conference, New York

Presentation | Speech
Andrew Schaffran

May 2000 New Jersey Appellate Decision Refuses to Enforce Arbitration Agreement

Morgan Lewis Title | White Paper
Richard Rosenblatt

In an April 25, 2000 opinion, the Superior Court of New Jersey, Appellate Division refused to enforce an arbitration agreement in the context of an employee’s claim of discrimination under the New Jersey Law Against Discri... more

May 2000 Pennsylvania Wage Payment and Collection Law Update

Morgan Lewis Title | White Paper
Michael Ossip, Christopher Ramsey

In one of the few judicial decisions interpreting the Pennsylvania Wage Payment and Collection Law (“WPCL”), the Pennsylvania Superior Court recently held that an employee’s equity interest in a corporation con... more

04/24/00 Pre-emption and the Law Against Discrimination, New Jersey Law Journal

Outside Publication | Article
Richard Rosenblatt

March 2000 Neutrality Agreements: Will the NLRB Sanction Its Own Obsolescence?, The Labor Lawyer

Outside Publication | Article
Charles Cohen

February 2000 Electronic Communications in the Workplace Can Raise High-Tech Employment Issues, The Metropolitan Corporate Counsel

Outside Publication | Article
Andrew Schaffran

2000 Electronic Discovery in Employment Litigation, presented to the LA County Bar Association Labor and Employment Section

Presentation | Speech
Robert Jon Hendricks

2000 Employee Dismissal Law: Forms & Procedures, 2000 ed. (John Wiley & Sons)

Outside Publication | Book
Mark Dichter

January 2000 Does New Jersey's Law Against Discrimination Cover Correctable Impairments Not Covered by the ADA?, The Metropolitan Corporate Counsel

Outside Publication | Article
Richard Rosenblatt

January 2000 Pennsylvania Supreme Court Finds That There is No Right to a Jury Trial Under the Pennsylvania Human Relations Act

Morgan Lewis Title | White Paper
Labor and Employment

On December 21, 1999, the Pennsylvania Supreme Court held that a jury trial is not available under the Pennsylvania Human Relations Act (PHRA). The decision in Wertz v. Chapman Township ended speculation among lower courts an... more

January 2000 Scope of Discovery, presented at the University of Houston Law Foundation, Houston

Presentation | Speech
Rachel Morgan

January 2000 Wage and Hour Opinion Letter Could Have Significant Impact on Corporate Stock Option Programs

Morgan Lewis Title | White Paper
Lawrence Fine

A Wage and Hour opinion letter recently publicized by the Department of Labor (DOL) may cause employers who provide stock options to non-exempt employees to reconsider that practice. The opinion letter provides that gains from ... more

December 1999 National Labor Relations Board Decision Finds House Staff Subject to National Labor Relations Act

Morgan Lewis Title | White Paper
Lawrence Fine, Charles Cohen

On November 26, 1999, the National Labor Relations Board (NLRB) held that house staff, composed of interns, residents and fellows, are employees subject to the National Labor Relations Act (NLRA). The decision in Boston Medica... more

December 1999 OSHA's Proposed Rule in Ergonomics (California version)

Morgan Lewis Title | White Paper
Dennis Morikawa

On November 22, 1999, the Occupational Safety and Health Administration (OSHA) released its controversial proposed rule on ergonomics applicable to general industry. The rule, which would only become final sometime next year, a... more

December 1999 OSHA's Proposed Rule on Ergonomics

Morgan Lewis Title | White Paper
Dennis Morikawa

December 1999 The Second Circuit's New More Intrusive Standard of Review of Arbitration Awards: The True Impact of Halligan v. Piper Jaffray, Inc., Broker-Dealer Dispute Report

Outside Publication | Article
Andrew Schaffran, Rene Johnson

11/19/99 Ethics, Continuing Legal Education (CLE), presented to the Warner Lambert Company

Presentation | Speech
Michael Bloom

11/16/99 ADA Update, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip, Mark Dichter, James Kelley, II

11/16/99 Best Practices: Putting Yourself in the Best Position to Defend Your Employment Decisions, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Wall

11/16/99 Cash Balance Plans, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer

11/16/99 Common Issues Arising Under the Family and Medical Leave Act, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

11/16/99 Contingent Workforce Arrangements: Protecting Your Business From Hidden Liability, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Richard Rosenblatt, Paul Evans

11/16/99 Developments in Collective Bargaining, Trends in Union Organizing, and Recent Decisions of the National Labor Relations Board, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Charles Cohen

11/16/99 Ethical Issues Arising in Labor and Employment Law, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Bloom, Thomas Reinert, Jr.

11/16/99 Ethical Issues in Employment Law, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Bloom

11/16/99 Government Contract Compliance: OFCCP's New Initiatives, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Robert Smith

11/16/99 Privacy Rights in a High Tech World, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Judith Harris, Dennis Morikawa

11/16/99 Recent Attacks on HMOs and the Implications for Employers, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Joseph Costello

11/16/99 The Protection of Trade Secrets and Confidential Information, presented at an Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Banks, Michael Eagles

10/08/99 Settling Large Gender Discrimination, Harassment or Wage/Hour Disparity Cases with the EEOC, OFCCP and Non-Agency Private Parties, presented before the Southwestern Legal Foundation, Dallas

Presentation | Speech
Mark Dichter

10/01/99 Class Actions Litigation Comparable Worth II and Collective Actions Under the Wage and Hour Laws, presented at the American Employment Law Council 7th Annual Meeting, Napa Valley, CA

Presentation | Speech
Mark Dichter

08/11/99 The Effective and Lawful Use of Releases and Waivers: Post-Oubre Implications, presented at the 1999 ABA Annual Meeting, Section of Labor and Employment Law, Atlanta

Presentation | Speech
Michael Ossip, Judith Harris

08/08/99 The Family and Medical Leave Act of 1993, presented at the 1999 ABA Annual Meeting, Section of Labor and Employment Law, Atlanta

Presentation | Speech
Michael Ossip

08/01/99 Ethical Issues in Employment Litigation, presented at the 1999 ABA Annual Meeting, Section of Labor and Employment Law, Atlanta

Presentation | Speech
Mark Dichter

08/01/99 Overview of State and Federal Employee Leave Statutes, presented to the National Business Institute

Presentation | Speech
Thomas Linthorst

August 1999 Restoration of California's Daily Overtime Requirement Effective January 1, 2000

Morgan Lewis Title | White Paper
Labor and Employment

Beginning January 1, 2000, most private sector employers in California will be required to pay employees daily overtime. Employees will be entitled to one and one-half the regular rate of pay for any work in excess of eight hou... more

July 1999 EEOC Releases Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors

Morgan Lewis Title | White Paper
Michael Ossip, Harry Rissetto

On June 18, 1999, the U.S. Equal Employment Opportunity Commission (the "EEOC") released an enforcement guidance on vicarious employer liability for unlawful harassment by supervisors. The enforcement guidance is based on two r... more

July 1999 Proposed Rules Would Blacklist Government Contractors With Unsatisfactory Labor and Employment Records

Morgan Lewis Title | White Paper
Robert Smith, Charles Cohen

The time has come for government contractors to consider newly proposed rules that will adversely affect their ability to secure (and possibly retain) government contracts. On July 9, 1999, regulations were published in the Fed... more

06/01/99 Clinton Administration Proposes Regulations Requiring Government Contractors to Have "Satisfactory Labor & Employment Records": ML&B White Paper

Morgan Lewis Title | White Paper
Robert Smith, Charles Cohen

June 1999 Supreme Court Provides Good Faith Employers with Punitive Damages Defense

Morgan Lewis Title | White Paper
Christopher Ramsey

On June 22, 1999, the U.S. Supreme Court ruled that a plaintiff who proves intentional discrimination may collect punitive damages without showing egregious conduct by the employer. At the same time, the Supreme Court provided ... more

June 1999 Supreme Court Rejects Expanded Definition of Disability Under the ADA

Morgan Lewis Title | White Paper
Christopher Ramsey

In a series of opinions exploring the parameters of the Americans with Disabilities Act (the "ADA"), the U.S. Supreme Court ruled on June 22, 1999, that the use of corrective or mitigating measures should be considered in determ... more

04/30/99 How to Deal with Expatriate Employees in Mexico, Latin American Law & Business Report

Outside Publication | Article
Mark Zelek

04/26/99 Surviving OFCCP Scrutiny, Legal Times

Outside Publication | Article
Robert Smith

April 1999 EEOC and DOL Issue Memoranda of Understanding on Charge Processing and Compensation

Morgan Lewis Title | White Paper
Morgan Lewis Resources

On April 7, 1999, the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) approved two Memoranda of Understanding (MOU) designed to foster cooperation between the agencies regarding the processing of... more

04/01/99 Understanding Wage Disparity Issues - The Legal Framework, presented to the Equal Employment Opportunity Commission, Philadelphia

Presentation | Speech
Richard Rosenblatt, Mark Dichter

April 1999 United States Supreme Court Decision in Unum v. Ward

Morgan Lewis Title | White Paper
Harry Burton

In UNUM Life Ins. Co. of America v. Ward , a unanimous Supreme Court held that California cannot deem an employer to be an agent of an insurer for purposes of an ERISA-covered plan, because the state employer-agency rule &ldquo... more

03/08/99 Downsizing/Rightsizing Settlement Agreements and Releases, presented to the Texas Employment Law Council, Austin, TX

Presentation | Speech
Mark Dichter

March 1999 Right of Younger New Jersey Employees to Sue for Age Discrimination Affirmed

Morgan Lewis Title | White Paper
Richard Rosenblatt, Jill Jachera

In February 1998, we distributed a White Paper entitled Age Discrimination Development Gives Rights to Younger Employees , in which we reported that the New Jersey Superior Court’s Appellate Division -- the State’s ... more

02/24/99 Legislative Update, presented at the Attorneys Forum on Employee Benefits, International Foundation of Employee Benefit Plans, Orlando, FL

Presentation | Speech
Thomas Wotring

02/01/99 When Is an Individual an Independent Contractor and Not an Employee, presented to Roadway Package Systems, Inc. and Dial-A-Mattress Operating Corp., at the Midwinter Meeting of the Development of the Law under the NLRA Committee, ABA's Section of Labor and Employment Law, Ixtapa, Mexico

Presentation | Speech
Joseph Costello

January 1999 California Supreme Court Expands Rights of Employees to Bring Tort Claims for Wrongful Termination in Violation of Public Policy

Morgan Lewis Title | White Paper
John Battenfeld

The California Supreme Court recently decided two cases which expand significantly the opportunities for California employees to sue their employers for tortious wrongful termination based on a claimed violation of public policy... more

January 1999 Managing Your Managers, Sexual Harassment: Limiting Employer Liability

Outside Publication | Chapter
Harry Rissetto

December 1998 Exploring the Pros and Cons of Texas Juvenile Hold Over Facilities, State Bar of Texas Section Report, Vol. 12, No. 4

Outside Publication | Article
Rachel Morgan

11/13/98 Current Issues in Gender Discrimination, presented at the Midwest Labor & Employment Law Conference, Columbus, OH

Presentation | Speech
Mark Dichter

11/01/98 Current Developments in Employment Law, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Eagles, Judith Harris

11/01/98 Developments in Collective Bargaining and Union Organizing Trends, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly

11/01/98 Developments Under The National Labor Relations Act, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Charles Cohen

11/01/98 Employee Benefits Update, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Joseph Costello

11/01/98 Ethical Issues Arising in Labor and Employment Law, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Banks, J. Cooney, Jr.

11/01/98 Neutrality Agreements: When do Nonmandatory Bargaining Issues Become Mandatory?: University of Pennsylvania Institute for Law and Economics Labor Law Roundtable, Philadelphia

Presentation | Speech
Charles Cohen

11/01/98 OSHA/Workplace Safety Update, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

November 1998 Panel: Outside Counsel Discuss Partnering With Inside Counsel, The Metropolitan Corporate Counsel

Outside Publication | Article
George Stohner

11/01/98 Prevention and Investigation of Sexual Harassment Claims, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Mark Dichter

11/01/98 Recent Developments Under The Family and Medical Leave Act, presented at the ML Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

November 1998 The Second Circuit Redefines the Standard of Review of Arbitration Awards, The Metropolitan Corporate Counsel

Outside Publication | Article
Andrew Schaffran, Rene Johnson

10/24/98 Today's Problems in Reorganizing the Workforce and Protecting Against Claims from Terminated Employees, presented to the American Employment Law Council, Hilton Head, SC

Presentation | Speech
Mark Dichter

10/02/98 Practice Before the NLRB Today - Recent Changes in Procedures - Significant Board and Court Decisions, presented at the Southwestern Legal Foundation's 45th Annual Institute on Labor and Employment Law, Dallas

Presentation | Speech
Charles Cohen

10/01/98 Occupational Safety and Health Administration Update, presented at the 12th Annual Environmental Developments Seminar, Philadelphia

Presentation | Speech
Michael Burkhardt, Dennis Morikawa

09/01/98 Discovery and Trial in Sexual Harassment Cases from Defense Counsel Perspective, presented at the Glasser Legal Works Seminar, New York

Presentation | Speech
Mark Dichter

08/03/98 Use of Labor Arbitration to Resolve Statutory Employment Disputes, presented to the American Bar Association Section of Labor and Employment Law, 1998 Annual Meeting, Toronto

Presentation | Speech
Timothy O'Reilly

08/01/98 Employment Law and the Public Sector Update, presented at the PBI Current Developments in Public Employee Labor Law Seminar, Mechanicsburg, PA

Presentation | Speech
Timothy O'Reilly

August 1998 Supreme Court Stresses Employer Action to Prevent and Correct Sexual Harassment by Supervisors, The Metropolitan Corporate Council

Outside Publication | Article
Christopher Ramsey

08/01/98 The Basics of the Family and Medical Leave Act, presented to the American Bar Association Section of Labor and Employment Law, 1998 Annual Meeting, Toronto

Presentation | Speech
Michael Ossip

July 1998 EEOC Issues Regulations Concerning Waivers of Age Discrimination Claims

Morgan Lewis Title | White Paper
Raymond R. Kepner, Raul Perez

The Older Workers Benefit Protection Act (OWBPA) amended the Age Discrimination in Employment Act (ADEA) in 1990 to require that any waiver or release of rights under the ADEA satisfy certain detailed requirements in order to be... more

July 1998 Ninth Circuit Rules on Mandatory Arbitration, Employers Group People & Productivity Newsletter

Outside Publication | Article
John Battenfeld

July 1998 Should Your Company Be Providing Domestic Partner Benefits? Legal, Tax and Financial Considerations, The Metropolitan Corporate Council

Outside Publication | Article
Steven Spencer

July 1998 Supreme Court Stresses Employer Action to Prevent and Correct Sexual Harassment by Supervisors

Morgan Lewis Title | White Paper
Michael Ossip, Harry Rissetto

In twin holdings on June 26, 1998, the U.S. Supreme Court held that an employer may be liable for hostile environment sexual harassment caused by supervisors even when the employer did not know about the conduct. The Supreme Co... more

06/01/98 Challenging Class Certification in Pattern and Practice Cases, presented at the Practising Law Institute, New York

Presentation | Speech
Mark Dichter

06/01/98 Domestic Partner Benefits, presented at the Labor and Employment Law Seminar for Healthcare Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

06/01/98 Employee Benefits Update, presented at the Labor and Employment Law Seminar for Healthcare Providers, Harrisburg

Presentation | Speech
Steven Spencer, Joseph Costello

06/01/98 Employment Practices Implications of the Older Adults Protective Services Act, presented at the Labor and Employment Law Seminar for Healthcare Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

06/01/98 How to Keep Track of Your Employees Without Violating Their Privacy Rights, presented at the Labor and Employment Law Seminar for Healthcare Providers, Harrisburg

Presentation | Speech
Dennis Morikawa

06/01/98 Legal Aspects of Employment & Employee Benefits, presented to the PICPA Foundation Not-For-Profit Conference, Hershey, PA

Presentation | Speech
Michael Ossip

06/01/98 Managing Leaves of Absence Under the ADA, FMLA and Workers' Compensation Statutes, presented at the Labor and Employment Law Seminar for Healthcare Providers, Harrisburg

Presentation | Speech
Steven Spencer

06/01/98 The Admissibility of the Alleged Victim's Sexual History and Prior Conduct of Alleged Harassers in Sexual Harassment Cases, presented at the Pennsylvania Bar Institute's Employment Law Institute, Philadelphia

Presentation | Speech
Michael Ossip

06/01/98 The Prevention and Investigation of Sexual Harassment Claims, presented at the Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Michael Ossip

June 1998 U.S. Supreme Court Decision Clarifies COBRA Health Care Continuation Requirements

Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz

On June 8, 1998, the U.S. Supreme Court held in Geissal v. Moore Medical Corp. , that an employer may not deny COBRA health care continuation under its health plan to an otherwise eligible beneficiary because the beneficiary is... more

05/29/98 Admissibility of Expert Testimony -- Pseudo Expertise in Employment Litigation, presented at the 15th Annual Upper Midwest Employment Law Institute, Minneapolis

Presentation | Speech
Mark Dichter

05/15/98 Attorney Fee Litigation in Fee-Shifting Cases, presented at the National Employment Law Institute, 1998 Employment Law Conference, Washington, D.C.

Presentation | Speech
Mark Dichter

May 1998 A Positive Outcome from a Novel Claim, The In-House Lawyer

Outside Publication | Article
Richard Rosenblatt

05/01/98 Ethical Issues Arising in ERISA Practice, presented at the Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer

May 1998 Ninth Circuit Rejects Compulsory Arbitration of Employment Discrimination Disputes

Morgan Lewis Title | White Paper
John Battenfeld

The federal appeals court in San Francisco decided on May 8, 1998 that employers with at least 15 employees may not require individuals to arbitrate claims of employment discrimination in violation of Title VII and similar state... more

May 1998 Serious FMLA Health Conditions Expanded in Recent Decisions, Employers Group People & Productivity Newsletter

Outside Publication | Article
Michael Ossip

04/01/98 How to Give Evaluations that Will Improve Performance and Won't Land You in Court, presented at the Council on Education in Management's Personnel Law Update 1998, Pittsburgh

Presentation | Speech
Christopher Ramsey

03/13/98 Managing the Multi-Employer Worksite Minefield, presented at the American Bar Association Committee on Occupational Safety & Health Law, Santa Barbara, CA

Presentation | Speech
Dennis Morikawa

03/01/98 The Rock and the Hard Place: Diversity-Based Non-Remedial Affirmative Action Plans from Weber to Taxman, presented to the American Bar Association Section of Labor and Employment Law, Equal Opportunity Committee 1998 Mid-Winter Meeting

Presentation | Speech
Mark Dichter

February 1998 Age Discrimination Development Gives Rights to Younger Employees

Morgan Lewis Title | White Paper
Richard Rosenblatt

Can you relate to the following situations? You interview an applicant with sterling credentials but limited experience. At least on paper, the applicant has everything for which your company is looking. Yet, managers hav... more

February 1998 Pennsylvania Regulations for New Hire Reporting in Conformance with Welfare Reform

Morgan Lewis Title | White Paper
Joseph Costello

Several months ago we noted that pursuant to the Personal Responsibility and Work Opportunity Act of 1996, commonly known as the "welfare reform legislation," employers would be required to report certain identifying information... more

01/21/98 Compliance with the Fair Labor Standards Act and California Wage and Hour Law, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

01/21/98 Current Developments in Employment Law, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

01/21/98 Developments in Collective Bargaining and Union Organizing Trends, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

01/21/98 Employment Policies to Protect Your Competitive Position: Trade Secrets and Restrictive Covenants, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

01/21/98 Mental Disabilities in the Workplace: Avoiding Common Pitfalls, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

01/15/98 Recent Developments in Contingent Workforce Issues, presented at the Law Education Institute's Labor and Employment National CLE Conference, Vail, CO

Presentation | Speech
Timothy O'Reilly

01/01/98 Current Developments in Employment Law, presented at the Council on Education in Management Personnel Law Update 1998, Tysons Corner, VA

Presentation | Speech
James Kelley, II

01/01/98 Dealing with Workplace Violence, presented at the Council on Education in Management Personnel Law Update 1998, Tysons Corner, VA

Presentation | Speech
James Kelley, II

01/01/98 Do Employers Have Any Rights Under the Family and Medical Leave Act? Presented at the Council on Education in Management Personnel Law Update 1998, Tysons Corner, VA

Presentation | Speech
John Ring

01/01/98 Labor and Employment Law Seminar, Los Angeles (seminar proceedings)

Presentation | Proceedings
Labor and Employment Law Section Lawyers

Note: Due to the production cost of this handbook, there is a $25 charge.

January 1998 Look Before You Leap -- Deciding to Merge Multiemployer Plans, Employee Benefits Digest, Vol. 35, No. 1

Outside Publication | Article
Gregory Needles

01/01/98 Recent Developments Under the Family and Medical Leave Act, presented to the Council on Education in Management Personnel Law Update 1998, Tysons Corner, VA

Presentation | Speech
John Ring

January 1998 Regulations Issued Implementing the Mental Health Parity Act of 1996

Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz

The Mental Health Parity Act of 1996 (MHPA) requires health benefit plans offering mental health coverage to establish the same annual and lifetime dollar limits for such coverage as they do for medical and surgical benefits. O... more

01/01/98 The Prevention and Investigation of Sexual Harassment Claims, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

January 1998 The Sixth Circuit Allows Employer to Modify Retiree Health Benefits

Morgan Lewis Title | White Paper
Harry Burton

The U.S. Court of Appeals for the Sixth Circuit has long been considered the court of choice for plaintiff retirees seeking health benefits. This trend seems to be changing, however, as the court moves away from its earlier pre... more

January 1998 Three Federal Agencies Clarify Group Health Coverage Under the Health Insurance Portability and Accountability Act of 1996

Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was signed into law on August 21, 1996. HIPAA established limits on the maximum pre-existing condition exclusion period that may be imposed by a group heal... more

December 1997 California Daily Overtime Repeal Effective January 1, 1998

Morgan Lewis Title | White Paper
Michael A. Wolfram, Michael A. Tomasulo

Beginning January 1, 1998, most private sector employers in California no longer will be required to pay employees time and one-half after eight hours worked in one day and double time for hours worked in excess of twelve in one... more

12/01/97 Defending Sexual Harassment Claims, presented at the National Employment Law Institute 1997 Employment Law Conference, Washington, D.C.

Presentation | Speech
Mark Dichter

1997 Employment Law in Germany (Chapter 4), International Labor and Employment Laws, Vol. 1 (The Bureau of National Affairs, Inc.)

Outside Publication | Chapter
Mark Dichter

December 1997 Ethical Issues Arising in Reduction in Force and Related Litigation, American Corporate Counsel Association, Greater Houston Metropolitan Chapter

Outside Publication | Article
Francis Milone, Michael Bloom

11/21/97 Privacy Rights in the Public Sector, presented at the Council on Education in Management Personnel Law Update, Washington, D.C.

Presentation | Speech
James Kelley, II

11/20/97 Current Developments in Employment Law, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Wall, Judith Harris, Mark Bravin

11/20/97 Ethical Issues Arising in Labor and Employment Law, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Bloom, Michael Banks

11/20/97 How to Keep Track of Your Employees Without Violating Their Privacy Rights, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

11/20/97 Managing Leaves of Absence Under the ADA, FMLA and Workers' Compensation Statutes, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

11/20/97 The Prevention and Investigation of Sexual Harassment Claims, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

11/20/97 The Protection of Trade Secrets and Confidential Information, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Pillion, Michael Banks

11/01/97 Compliance with the Fair Labor Standards Act, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Lawrence Fine, Thomas Huggett

11/01/97 Developments in Collective Bargaining and Union Organizing Trends, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly, Charles Cohen

11/01/97 Employee Benefits Update, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Joseph Costello

11/01/97 Employee or Independent Contractor? Questions of Contingent Worker Classification - Avoiding the Microsoft Result and Other Pitfalls, presented at a ML&B Seminar, Washington, D.C.

Presentation | Speech
Robert Smith

11/01/97 ERISA Class Actions - The Defendant's Perspective, presented to the Pennsylvania Bar Institute Program: Class Actions in State and Federal Courts, Philadelphia

Presentation | Speech
Joseph Costello

November 1997 Family and Medical Leave Act (FMLA) Update

Morgan Lewis Title | White Paper
Michael Ossip

Since the FMLA took effect more than four years ago, courts have struggled with what illnesses constitute "serious health conditions" to trigger coverage under the Act. While some courts have recognized that not all illnesses a... more

10/28/97 OSHA Update, presented at the 11th Annual Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

10/24/97 Today's Challenging Problems in Employment Litigation: Rightsizing and Reductions-In-Force "Employment" of Independent Contractors Privacy Issues in the Electronic Age, presented at The 44th Annual Institute on Labor and Employment Law - The Southwestern Legal Foundation, Dallas

Presentation | Speech
Mark Dichter

10/18/97 Deposing and Challenging the Junk Scientist, presented to The American Employment Law Council, The 5th Annual Conference, La Quinta, CA

Presentation | Speech
Mark Dichter, William Delany

October 1997 Civil Rights: EEOC Guidance on Waivers and Releases, The In-House Lawyer

Outside Publication | Article
Michael Ossip

09/01/97 Consumer Credit Reporting Reform Act and Welfare Reform Legislation Impose New Obligations on Employers

Morgan Lewis Title | White Paper
Christopher Ramsey

Two recently enacted laws impose additional requirements on employers which affect hiring and other employment decisions. The Consumer Credit Reporting Reform Act of 1996 (Reform Act) imposes additional disclosure requirements ... more

09/01/97 Establishing and Defending Employment and Contracting Preference Programs in the Public Sector, presented at The 17th Annual National Conference on EEO in the Public Sector, Washington, D.C.

Presentation | Speech
Judith Harris

08/05/97 Employment Issues Arising From Professional Practices, presented to the ABA Annual Meeting, Section of Labor and Employment Law, San Francisco

Presentation | Speech
Mark Dichter

August 1997 Administrative Challenges Presented By New HIPAA Rules: Part II, The Metropolitan Corporate Counsel

Outside Publication | Article
Steven Spencer, Robert Abramowitz

August 1997 Conducting Effective Internal Investigations, Inside, Vol. 16, No. 2

Outside Publication | Article
Judith Harris, William Delany

08/01/97 Insurers Can Seek Reimbursement of Defense Costs for Claims Not Potentially Covered by a Commercial General Liability Policy

Morgan Lewis Title | White Paper
Robert Jon Hendricks

In Buss v. The Superior Court , 97 Daily Journal D.A.R. 9414 (July 24, 1997), the California Supreme Court ruled that in a "mixed" lawsuit, where there are potentially covered and uncovered claims an insurer can seek reimb... more

07/10/97 Procedures Required for Merging Multiemployer Pension Funds, presented to the International Foundation of Employee Benefit Plans' Multiemployer Plan Mergers Conference, Bolton Landing, NY

Presentation | Speech
Gregory Needles

07/01/97 Opening Statements -- The Defendant's Perspective, The Trial of a Sexual Harassment Case, presented at the Pennsylvania Bar Institute, Philadelphia

Presentation | Speech
Michael Ossip

June 1997 Administrative Challenges Presented by New HIPAA Rules: Part I, The Metropolitan Corporate Counsel

Outside Publication | Article
Steven Spencer, Robert Abramowitz

06/01/97 EEOC Guidance on Waivers and Releases Under Civil Rights Laws

Morgan Lewis Title | White Paper
Michael Ossip

Recently, the Equal Employment Opportunity Commission (EEOC or the Commission) published guidance setting forth the EEOC's position that an employer may not preclude an employee from filling a charge with the EEOC, even as a con... more

06/01/97 Sexual Harassment: A New Perspective on Litigating These Cases, presented at the Practising Law Institute, New York

Presentation | Speech
Mark Dichter

05/21/97 Disabled Or Not Disabled? That Is The Question, presented at the 3rd Annual Employment Law Institute, Philadelphia

Presentation | Speech
Michael Ossip

05/20/97 Recent Developments in Employment Litigation, presented at the 3rd Annual Employment Law Institute, Philadelphia

Presentation | Speech
Michael Ossip

05/16/97 FLSA Compliance and Other Current Employment Law Issues Impacting Government Contracts, presented at the ABA Section of Public Contract Law Conference, Boston

Presentation | Speech
Robert Smith

05/16/97 Separation Agreements and Settlements of Employment Disputes, presented at the Pacific Coast Labor Law Conference, Seattle

Presentation | Speech
Mark Dichter

05/09/97 Introduction to ERISA, presented at the Employee Benefits and Executive Compensation Seminar Primer Course, Philadelphia

Presentation | Speech
Steven Spencer

05/09/97 The Attorney-Client Privilege and Work Product Doctrine in ERISA Practice, presented at the Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Joseph Costello

05/09/97 You Be the Judge, presented at the Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer, I. Lee Falk

05/08/97 Act 57 - Amendments to the Pennsylvania Workers' Compensation Act, presented at the Presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Developments Under the FMLA, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Employment Discrimination and Employee Benefits, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Questions and Answers on Leaves of Absences and Hiring, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Questions and Answers on Leaves of Absences and Leave Entitlement, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Questions and Answers on Leaves of Absences and Reinstatement and Light Duty, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Statutory Basics: Benefits Under FMLA, USERRA and COBRA, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Statutory Basics: The Family and Medical Leave Act, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Statutory Basics: Title VII and the Pregnancy Discrimination Act: Presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg, PA

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Statutory Basics: Uniformed Services Employment and Reemployment Rights Act of 1994, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Statutory Basics: The Americans With Disabilities Act, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 The Health Insurance Portability and Accountability Act of 1996, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 The Mental Health Parity Act of 1996 and The Newborns' and Mothers' Health Protection Act of 1996, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/08/97 Update, Americans With Disabilities Act, presented at the Nineteenth Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

May 1997 Bet on a Vet: Veterans' Preference Applies Differently to Hiring and Promotions, Pennsylvanian

Outside Publication | Article
Timothy O'Reilly

05/01/97 Communications Required Under the Health Insurance Portability and Accountability Act of 1996

Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz

The Internal Revenue Service, the Department of Labor and the Department of Health and Human Services recently issued Interim Regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIP... more

05/01/97 EEOC Issues Guidance on Psychiatric Disabilities And the ADA

Morgan Lewis Title | White Paper
Dawn Patrice Ross, Andrew Peterson

Citing the "myths, fears, and stereotypes" associated with individuals with psychiatric disabilities, on March 25, 1997, the Equal Employment Opportunity Commission (EEOC) issued detailed policy guidance regarding employers' ob... more

May 1997 Globalisation of US Labour Unions, Employment and Industrial Relations Law Journal

Outside Publication | Article
Charles O'Connor

05/01/97 Mental Disabilities: EEOC Guidelines, presented at the IBC-USA Conferences, New York

Presentation | Speech
Christopher Ramsey

May 1997 State Supreme Court Clarifies Public Employers' Obligations with Respect to Veterans' Preference, The Pennsylvania Magazine

Outside Publication | Article
Timothy O'Reilly

05/01/97 Supreme Court Holds that ERISA Section 510 Applies to Employee Welfare Benefit Plans

Morgan Lewis Title | White Paper
Thomas K. Wotring, Alissa Horvitz

The Supreme Court has ruled in Inter -Modal Rail Employees Association v. Atchison, Topeka and Santa Fe Railway Company , (No. 96-491), that Section 510 of ERISA prohibits interference with the attainment of rights under em... more

04/23/97 OSHA and the ADA: The Future of Compliance, presented at the 1997 Mid-Atlantic Region Safety Health Expo, Atlantic City, NJ

Presentation | Speech
Michael Ossip, Dennis Morikawa

04/11/97 Special Problems in Defending Discrimination and Harassment Claims Brought Against and Brought by High Level Executives, presented at the Georgetown University Law Center Continuing Legal Education Division, 15th Annual Employment Law and Litigation Update, Washington, D.C.

Presentation | Speech
Mark Dichter

04/01/97 New 'Satisfactory' Labor and Employment Practice Requirements to be Proposed for Government Contracts

Morgan Lewis Title | White Paper
Charles Cohen

Private employers that rely on federal contracts should brace themselves for the latest plan by the Clinton Administration to change the manner in which federal contracts are awarded. After expending millions of dollars support... more

04/01/97 Pennsylvania Superior Court Reverses Course on the Preclusive Effect of Unemployment Compensation Referees' Findings

Morgan Lewis Title | White Paper
Michael Ossip, Christopher Ramsey

The Pennsylvania Superior Court recently issued an important decision on the preclusive effect of an unemployment compensation referee's determination on subsequent court actions. In Rue v. K-Mart Corp ., No. 02531 PHILA. 1995... more

03/06/97 Post-Offer, Pre-Placement Inquiries and Medical Exams Under the ADA, presented before the Pennsylvania Insurance Managers Association, Bala Cynwyd, PA

Presentation | Speech
Michael Ossip

03/01/97 Employer Liability for Favorable Recommendations

Morgan Lewis Title | White Paper
John Battenfeld

The California Supreme Court recently issued an important decision concerning an employer's obligations when providing references on former employees to prospective employers. In Randi W. v. Muroc Joint Unified School Distric... more

02/06/97 E-Mail in the Workplace: An Employer's Guide to Privacy Law, presented at The Price Waterhouse LLP General Counsel Forum, Washington, D.C.

Presentation | Speech
Thomas Linthorst

02/01/97 A Retrospective on 25 Years of the Law Under The National Labor Relations Act, presented to the Committee on the Development of the Law Under the National Labor Relations Act, Puerto Vallarta, Mexico

Presentation | Speech
Charles Cohen

02/01/97 Managed Care Practical Strategies and Legal Considerations, presented at the ABA National Institute on Managed Care Agenda, San Diego

Presentation | Speech
Mark Dichter

01/29/97 Diversity Training Programs Deserve Careful Consideration, presented at the ML&B Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
Andrew Schaffran

01/29/97 Overview of Legal Issues for the Human Resources Generalist, presented at the ML&B Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
John Battenfeld

1997 Employee Severance Answer Book

Outside Publication | Book
John Ferreira

1997 Developing a Marketing Culture; Marketing Success Stories: Personal Interviews with 66 Rainmakers, American Bar Association, Law Practice Management Section

Outside Publication | Article
Robert Smith

12/13/96 Employee Benefits Update, presented at the National Employment Law Institute, 1996 Employment Law Conference, Washington, D.C.

Presentation | Speech
Mark Dichter

Winter 1996 E-Mail In The Workplace: How Much Is Private?, Society for Human Resource Management

Outside Publication | Article
Thomas Linthorst

12/01/96 NLRB Likely to Hinder Employer Use of Contingent and Contract Workers

Morgan Lewis Title | White Paper
Charles Cohen

For most companies, the maintenance of relationships with suppliers of labor and the use of independent contractors are vital to create flexibility in the workplace and to remain competitive in this global economy. From t... more

12/01/96 Texaco Race Discrimination Settlement and Potential Implications

Morgan Lewis Title | White Paper
Mark Dichter

Recent events at Texaco have garnered publicity and the interest of the civil rights community at a level far beyond other race discrimination cases in the last several years. Faced with adverse publicity and the invocation of ... more

11/21/96 'Managing' Managers (and Avoiding Ten Top Legal Problems They Can Cause), presented at the Council on Education in Management Personal Law Update 1996, Philadelphia

Presentation | Speech
Richard Rosenblatt

11/18/96 Combatting Violence in the Workplace, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

11/18/96 Conducting Effective Internal Investigations, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Judith Harris, William Delany

11/18/96 Employee Benefits Update, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Joseph Costello

11/18/96 Employer Rights and Obligations Under the Family and Medical Leave Act, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip, Sarah Bouchard

11/18/96 Employment Law Update, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Mark Dichter, Michael Banks

11/18/96 Ethical Issues Arising in Labor and Employment Law, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Bloom, Francis Milone

11/18/96 Overview of Legal Issues for the Human Resources Generalist, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly, Michael Ossip

11/18/96 The Negotiation, Drafting, and Enforcement of Employment Agreements and the Protection of Trade Secrets and Confidential Information, presented at ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Wall

11/01/96 Overview of the Family and Medical Leave Act, presented before the American Bar Association, Washington, D.C.

Presentation | Speech
Michael Ossip

11/01/96 Reasonable Accommodation, Light Duty and Return to Work Decisions Under the ADA, FMLA and Workers' Compensation, presented before the American Bar Association, Washington, D.C.

Presentation | Speech
Michael Ossip

10/24/96 Employment Law and Employee Benefits Update, presented at The Personnel Association of Nonprofit Organizations, New York

Presentation | Speech
Andrew Schaffran

10/18/96 Some of Today's Challenging Problems in Employment Litigation: Issues of the Electronic Age Controlling Litigation Costs Proliferation of Causes of Action, presented at the 43rd Annual Institute on Labor and Employment Law -- The Southwestern Legal Foundation, Dallas

Presentation | Speech
Mark Dichter

10/02/96 OSHA Update, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

10/01/96 Use and Abuse of the Media in Sexual Harassment Cases, presented before the American Bar Association Conference on Sexual Harassment, Chicago

Presentation | Speech
Mark Dichter

September 1996 Diversity Training Programs Deserve Careful Consideration, The Metropolitan Corporate Counsel

Outside Publication | Article
Andrew Schaffran, David McManus

09/01/96 Health Insurance Portability and Accountability Act of 1996 -- Benefits Provision

Morgan Lewis Title | White Paper
Robert Abramowitz, Harry Burton

This White Paper discusses many of the benefit-related provisions of the Health Insurance Portability and Accountability Act of 1996. This legislation represents a slimmed-down version of previous bipartisan health insurance re... more

08/05/96 FMLA Update, presented at the American Bar Association Annual Meeting, Orlando, FL

Presentation | Speech
Michael Ossip

07/01/96 Pennsylvania Workers' Compensation Reform

Morgan Lewis Title | White Paper
Michael Ossip, Sarah Bouchard

Paul Greco On June 24, Governor Ridge signed Senate Bill 801 (SB 801) into law. SB 801 provides a number of significant reforms to the Pennsylvania Workers' Compensation Act (WCA). The reforms were designed to encourage workers... more

07/01/96 Supreme Court To Address Conflict Regarding FLSA Salary Basis Test

Morgan Lewis Title | White Paper
Michael Ossip

On June 24, the U.S. Supreme Court granted certiorari in Auer v. Robbins, an appeal brought by St. Louis Police Department sergeants and lieutenants classified by their employer as exempt from overtime pay under the Fair Labor S... more

06/27/96 Arbitration of Employment Disputes, presented at the American Arbitration Association Labor-Management and Employment Law CLE Program, Philadelphia

Presentation | Speech
Mark Dichter

06/20/96 Alternative Billing Practices in Employment Law, presented at the National Employment Law Institute, Employment Law Litigation, Washington, D.C.

Presentation | Speech
Mark Dichter

06/20/96 Implications of Misclassification Under Labor and Employment Law, presented to the New York State Bar Association Seminar

Presentation | Speech
Andrew Schaffran

06/19/96 Globalization of U.S. Labor Unions: Symposium on Private Investments Abroad, Dallas, TX

Presentation | Speech
Charles O'Connor

06/18/96 Defending the Large or Foreign Company, presented at the Practising Law Institute, New York

Presentation | Speech
Mark Dichter

06/01/96 American Arbitration Association Issues New Rules For the Resolution of Employment Disputes

Morgan Lewis Title | White Paper
Charles O'Connor

Recently, the American Arbitration Association (AAA) released a new set of procedural rules titled The National Rules for the Resolution of Employment Disputes (Employment Dispute Rules or Rules). These new Rules apply to the r... more

06/01/96 Conditioning Receipt of Enhanced Early Retirement Benefits on Waiver of Employment: Related Claims -- Lockheed v. Spink

Morgan Lewis Title | White Paper
Steven Spencer

On June 10, the Supreme Court issued its decision in Lockheed Corp v. Spink , 1996 WL 305742 (U.S.), in which it unanimously held that (1) an employer does not violate ERISA's prohibited transaction rules when it amends its pen... more

05/23/96 Avoiding Corporate and Personal Liability Arising from Sexual Harassment Claims, presented at the Presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/23/96 Employee Benefits Update, presented at the Presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/23/96 Employment Law Update, presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/23/96 Managing Leaves of Absence Under the ADA, FMLA, and Workers' Compensation, presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/23/96 National Labor Relations Act Developments Affecting the Unionized and Non-Unionized Employer, presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/23/96 OSHA/Workplace Safety Update, presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/23/96 The Impact of E-Mail, Voicemail, and Other Technological Developments in the Workplace, presented at the Eighteenth Annual Labor and Employment Law Seminar for Health Care Providers, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/16/96 Issues of Ethics, Conflicts of Interest, and Related Topics Arising in ERISA Practice, presented at the ML&B Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer

05/16/96 You Be the Judge Program, presented at the ML&B Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
I. Lee Falk, Steven Spencer

05/08/96 U.S. Labor and Employment Law Considerations in Acquisitions and Downsizing, presented at the ML&B Labor and Employment Law Seminar, New York

Presentation | Speech
Andrew Schaffran, Steven Spencer, Mark Dichter

04/29/96 Comments on the Report of the Arbitration Policy Task Force on Securities Arbitration Reform (The Ruder Report), presented at the Glasser Legal Works Seminar, New York

Presentation | Speech
Mark Dichter

04/29/96 Securities Arbitration and Litigation: The Changing Landscape, presented at the Glasser LegalWorks Seminar, New York

Presentation | Speech
Mark Dichter

04/26/96 Piecing Together the ERISA Puzzle: An Introduction to Employee Benefits Law, presented at the American Bar Association Center for Continuing Legal Education, Los Angeles

Presentation | Speech
Steven Spencer

04/12/96 Manage Leaves of Absence Under ADA, FMLA and Workers' Comp, Central Penn Business Journal

Outside Publication | Article
Michael Ossip

Spring 1996 Informed Tax-Exempt Organizations Can Avoid Liability Land Mines, Exempts, Vol. 7, No. 1

Outside Publication | Article
Celia Roady

03/30/96 Compulsory Arbitration of Employment Disputes, presented at the American Bar Association Section of Labor and Employment Law, Equal Employment Opportunity Committee Mid-winter Meeting, Carlsbad, CA

Presentation | Speech
Mark Dichter

03/22/96 Railway Labor Act Pre-Emption - What's Left After Hawaiian Airlines v. Norris? Presented at the ABA/RLA Mid-winter Meeting, Williamsburg, VA

Presentation | Speech
Harry Rissetto

03/01/96 OSHA to Issue Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers

Morgan Lewis Title | White Paper
Dennis Morikawa

The Occupational Safety and Health Administration (OSHA) is expected to publish on Thursday, March 14, its new "Guidelines for Preventing Workplace Violence for Health Care and Social Service Workers," an advance copy of which h... more

03/01/96 Proposed Revisions to OSHA Injury and Illness Recordkeeping Requirement

Morgan Lewis Title | White Paper
Dennis Morikawa

In early February, the Occupational Safety and Health Administration (OSHA) published a Notice of Proposed Rulemaking with respect to Occupational Injury and Illness Recording and Reporting requirements. The Prop... more

02/26/96 How to Avoid Liability for Reductions-in-Force, The Legal Intelligencer

Outside Publication | Article
Michael Ossip

January 1996 Guide To Employee Leave

Outside Publication | Article
John Ferreira

December 1995 Fiduciary Duty Under ERISA, The Metropolitan Corporate Counsel

Outside Publication | Article
Francis Milone

11/30/95 ADA, FMLA & Workers' Comp: Their Interplay in the Workplace, presented at the Pennsylvania Bar Institute, Hot Topics in Employment Law, Pittsburgh

Presentation | Speech
Michael Ossip

11/15/95 Alternative Dispute Resolution - How To Use It To Your Maximum Advantage: Labor and Employment Law Seminar, Los Angeles, CA

Presentation | Speech
John Battenfeld

11/15/95 Avoiding Corporate and Personal Liability Arising From Sexual Harassment Claims, presented at the Labor and Employment Law Seminar, Los Angeles

Presentation | Speech
George Stohner

11/08/95 Arbitrating Sexual Harassment Cases, presented at the American Arbitration Association Labor-Management and Employment Law CLE Program, Philadelphia

Presentation | Speech
Timothy O'Reilly

11/08/95 Public Sector Project Labor Agreements - How Are They Different? Presented at the National Constructors Association Meeting, Washington, D.C.

Presentation | Speech
E. Carl Uehlein, Jr., Bradford Coupe

11/01/95 California Supreme Court Upholds the Right Of Employees to Sue for Wrongful Demotion

Morgan Lewis Title | White Paper
John Battenfeld

In a decision issued on November 13, in Scott v. Pacific Gas & Electric Co ., 95 Daily Journal D.A.R. 15073, the California Supreme Court affirmed a jury award of $1,475,000 to two employees who claimed they were wrongfully... more

10/10/95 Avoiding Corporate and Personal Liability Arising From Sexual Harassment Claims, presented at a Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Judith Harris

10/10/95 Employee Benefits Update, presented at a Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Joseph Costello

10/10/95 Employment Law Update, presented at a Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Mark Dichter, Michael Banks

10/10/95 Ethical Issues In Labor and Employment Law, presented at a Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Bloom, Francis Milone

10/10/95 How To Manage Employment Litigation (And Your Attorney), presented at a Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
George Stohner, Steven Wall

10/10/95 Managing Leaves of Absence Under the ADA, FMLA, and Workers' Compensation, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

10/10/95 National Labor Relations Act Developments Affecting the Unionized and Non-Unionized Employer, presented at the Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly

10/10/95 OSHA/Workplace Safety Update, presented at a Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

10/01/95 Federal Search Warrants Checklist for Corporate Counsel

Morgan Lewis Title | White Paper
Eric Kraeutler

It is 8:30 a.m. You are finishing your first cup of coffee and preparing for a busy day when the telephone rings. It is the plant manager for one of your company's largest manufacturing facilities. Four carloads of government a... more

09/20/95 Alternative Dispute Resolution - How To Use It To Your Maximum Advantage, presented at the Institute of Business Law, New York

Presentation | Speech
Andrew Schaffran

07/28/95 Sexual Harassment and Sex Discrimination, presented at the 1995 Employment Discrimination Law Update, The National Employment Law Institute and The Bureau of National Affairs, Chicago

Presentation | Speech
Mark Dichter

06/05/95 Summary Judgment in Employment Litigation, presented at the Practising Law Institute, Litigating Employment Discrimination Cases, New York

Presentation | Speech
Mark Dichter

06/01/95 Papaila v. Uniden: Further Support for the Right of U.S. Subsidiaries to Invoke FCN Treaties as a Defense Against Claims of National Origin Discrimination

Morgan Lewis Title | White Paper
Christopher Parlo

On April 28, the Fifth Circuit Court of Appeals in Papaila v. Uniden America Corporation affirmed a lower court determination that Uniden, a U.S.-based subsidiary of a Japanese parent corporation, had standing to assert the rig... more

05/23/95 Accommodating Your Rights and Obligations Under the Americans With Disabilities Act, The Family and Medical Leave Act and State Workers' Compensation Laws, presented at the Seventeenth Annual Labor and Employment Law Seminar for Health Care Providers, Wildwood Conference Center, Harrisburg Area Community College, Harrisburg

Presentation | Speech
Michael Ossip

05/23/95 Avoiding Liability in Connection with Reductions-in-Force, presented at the Seventeenth Annual Labor and Employment Law Seminar for Health Care Providers, Wildwood Conference Center, Harrisburg Area Community College, Harrisburg

Presentation | Speech
Francis Milone, Joseph Costello

05/20/95 Advancement in the Workplace: Pay, Promotion, Pregnancy and the Glass Ceiling, presented at the Labor and Employment Law Anniversary Celebration, American Bar Association Section of Labor and Employment Law, Washington, D.C.

Presentation | Speech
Mark Dichter

05/04/95 Issues of Ethics, Conflicts of Interest, and Related Topics Arising in ERISA Practice, presented at the Fifth Annual Employee Benefits and executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer

04/27/95 OSHA and Right-To-Know, presented at the Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

04/01/95 Recent Developments Regarding DOT Alcohol and Drug Testing

Morgan Lewis Title | White Paper
Joseph Santucci, Jr.

Section 5(a)(1) of the Omnibus Transportation Employee Testing Act of 1991 (the Act), directed the Secretary of Transportation to "establish a program which requires motor carriers to conduct pre-employment, reasonable suspicion... more

03/31/95 An Overview of Collective Bargaining and Recent Case Law Developments, presented at the Pennsylvania Bar Institute, Municipal Law Colloquium, Hershey, PA

Presentation | Speech
Timothy O'Reilly

03/25/95 Use of Psychological Experts in Employment Discrimination Litigation, presented to the American Bar Association, Equal Employment Opportunity Committee, 1995 Mid-winter Meeting, Marco Island, FL

Presentation | Speech
Mark Dichter

03/01/95 Response to Professor Block's Paper Entitled Rethinking the National Labor Relations Act and Zero-Sum Labor Law: An Industrial Relations View, presented to the American Bar Association, Committee on the Development of the Law Under the National Labor Relations Act, 1995 Mid-winter Meeting, Key West, FL

Presentation | Speech
Timothy O'Reilly

02/24/95 Report of the Subcommittee on The Family and Medical Leave Act, presented to the ABA Section of Labor and Employment Law Committee on Federal Labor Standards Legislation, Mid-winter Meeting, Key West, FL

Presentation | Speech
Michael Ossip

02/01/95 The New York City Smoke-Free Air Act

Morgan Lewis Title | White Paper
Anita W. Coupe, Lynn B. Doonan

This White Paper discusses the newly enacted Smoke-Free Air Act, which regulates smoking in New York City. The White Paper discusses the scope of coverage of the new law as it relates to places of employment, including the law'... more

02/01/95 The Uruguay Round Agreements Act and its Effect on Patent Rights Under U.S. Law

Morgan Lewis Title | White Paper
Robert Gaybrick

The Uruguay Round Agreements Act (Act), Pub. L. No. 103-465, was signed by President Clinton on December 8, 1994. The Act significantly affects many areas of U.S. law, including the areas of patent, trademark and copyright law.... more

01/01/95 The Department of Labor Final Regulations Implementing the Family and Medical Leave Act of 1993

Morgan Lewis Title | White Paper
Robert Smith

On January 6, 1995, the Department of Labor Wage and Hour Division issued Final Regulations implementing the Family and Medical Leave Act of 1993 (the "FMLA" or the "Act"), 29 U.S.C. § 2601 et seq . These regulations supe... more

10/12/94 Accommodating Your Rights and Obligations Under the Americans with Disabilities Act, The Family and Medical Leave Act and State Workers' Compensation Laws, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

10/12/94 Avoiding Liability in Connection with Reductions-in-Force, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Francis Milone, Joseph Costello

10/12/94 Dealing with the Whistleblower, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Banks

10/12/94 Developments Affecting the Unionized Employer, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly

10/12/94 Employee Benefits Update - Anticipating Future Litigation: The Defendant-Plan, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer

10/12/94 Employment Law Update, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Mark Dichter

10/12/94 How to Implement an Effective Alternative Dispute Resolution Program, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Wall, Judith Harris

10/12/94 Selected Ethical Issues in Employment Law, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Francis Milone, Michael Bloom

10/12/94 Violence in the Workplace, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

10/07/94 Dealing With Challenging Issues in Employment Litigation, presented at The Southwestern Legal Foundation Institutes seminar, Dallas

Presentation | Speech
Mark Dichter

09/23/94 Litigation Strategies and Procedures, presented at the Client Counseling and Litigating Under the Americans With Disabilities Act of 1990 seminar, Philadelphia

Presentation | Speech
Mark Dichter

07/25/94 Limits to Language in the Workplace: Free Speech, Harassment and English-Only Rules, presented at the Personnel Law Update, Philadelphia

Presentation | Speech
Judith Harris

07/01/94 Employee Trip Reduction Requirements -- Delaware, New Jersey, New York and Pennsylvania

Morgan Lewis Title | White Paper
Lawrence Fine, Judith Walkoff

This White Paper discusses recent Pennsylvania, New Jersey, Delaware and New York regulations that require employers with 100 or more employees at a work site, to develop programs that reduce vehicle miles traveled commuting to ... more

06/22/94 Sexual Harassment: The Current State of the Law, presented at the Institute of Business Law, King of Prussia, PA

Presentation | Speech
Judith Harris

06/22/94 Use of Experts in Sexual Harassment Litigation, presented at the Practising Law Institute's Sexual Harassment Litigation Conference, New York

Presentation | Speech
Mark Dichter

06/14/94 Discovery and the New Federal Rules of Civil Procedure, presented at the Practising Law Institute's Employment Discrimination Litigation Conference, New York

Presentation | Speech
Mark Dichter

06/01/94 United States Supreme Court Strikes Down National Labor Relations Board Test for Determining Whether Nurses are Supervisory Employees

Morgan Lewis Title | White Paper
Lawrence Fine

This White Paper discusses the United States Supreme Court’s decision in NLRB v. Health Care & Retirement Corp. of America (May 23, 1994), which struck down the National Labor Relations Board's test for determining w... more

05/20/94 Developing Overall Case Preparation and Management Strategy for the Defense and The New Federal Rules of Civil Procedure, presented at National Employment Law Institute's Employment Law Litigation Conference, Washington, D.C.

Presentation | Speech
Mark Dichter

05/18/94 Employment Law Update, presented at ML&B's Sixteenth Annual Labor and Employment Law Seminar for Health Care Providers, Camp Hill, PA

Presentation | Speech
Francis Milone

05/18/94 Managing Workplace Injuries Under OSHA, Workers' Compensation and the ADA, presented at ML&B's Sixteenth Annual Labor and Employment Law Seminar for Health Care Providers, Camp Hill, PA

Presentation | Speech
Michael Ossip

05/18/94 Minimizing Liability From Reductions In Force, ML&B Labor Section In-house seminar, 'Conducting Reductions in Force,' Washington, D.C.

Presentation | Speech
James Kelley, II

05/18/94 OSHA Update: New Programs Under the Clinton Administration, presented at ML&B's Sixteenth Annual Labor and Employment Law Seminar for Health Care Providers, Camp Hill, PA

Presentation | Speech
Dennis Morikawa

05/18/94 The Americans With Disabilities Act One Year Later, presented at ML&B's Sixteenth Annual Labor and Employment Law Seminar for Health Care Providers, Camp Hill, PA

Presentation | Speech
Mark Dichter, Lawrence Fine

05/18/94 The New Pennsylvania Workers' Compensation Reform Act, presented at ML&B's Sixteenth Annual Labor and Employment Law Seminar for Health Care Providers, Camp Hill, PA

Presentation | Speech
Michael Ossip

05/13/94 Litigating Glass Ceiling Cases, presented at the ABA National Institute's seminar, 'Pressure for Change: How to Successfully Handle the Employment Law Challenges of a Diverse Workplace,' New York, and Chicago

Presentation | Speech
Mark Dichter

04/19/94 Contingent Employment - Part-time Employees, Temporary Employees, and Independent Contractors, presented at the ML&B Labor and Employment Law Program, Los Angeles

Presentation | Speech
John Battenfeld

04/19/94 Gender Issues at Work - Sexual Stereotyping, 'Glass Ceiling,' Sexual Orientation Discrimination, and Harassment, presented at the ML&B Labor and Employment Law Program, Los Angeles

Presentation | Speech
Mark Dichter

03/01/94 Current Observations on Health Care Reform Legislation: ML&B White Paper

Morgan Lewis Title | White Paper
Harry Burton

02/01/94 Department of Transportation Releases Drug and Alcohol Testing Regulations: ML&B White Paper

Morgan Lewis Title | White Paper
E. Carl Uehlein, Jr.

02/01/94 Upon A Beneficiary's Inquiry, ERISA Plan Fiduciaries May Be Required to Supply Advice Extending Beyond the Scope of the Inquiry: ML&B White Paper

Morgan Lewis Title | White Paper
Steven Spencer

01/01/94 Employee Benefit Plans Must Specify in the Plan Document a Formal Amendment Procedure: ML&B White Paper

Morgan Lewis Title | White Paper
Steven Spencer, Brian Dougherty, I. Lee Falk

12/10/93 Employee Benefits Update - Developments in Plan Issues and Litigation, presented at The National Employment Law Institute's Employment Law Conference, Chicago, and Washington, D.C.

Presentation | Speech
Mark Dichter

12/02/93 The Impact of the Ezold Case: Lessons for Employment Lawyers and Law Firms, presented at the Philadelphia Bar Association 1993 Bench Bar Conference

Presentation | Speech
Mark Dichter

11/06/93 Managing and Protecting Internal Investigations from Civil and Criminal Discovery, presented at American Employment Law Council's Employment Law Conference, Ojai, CA

Presentation | Speech
Mark Dichter

11/01/93 Current Developments Under the ADA and the ADEA, presented at the ABA National Institute, Arlington, VA

Presentation | Speech
Mark Dichter

11/01/93 Supreme Court of the United States Addresses the Standard for Employer Liability in Cases of Sexual Harassment Harris v. Forklift Systems, Inc., November 9, 1993: ML&B White Paper

Morgan Lewis Title | White Paper
Robert Smith

10/21/93 OSHA Update: Will Clinton Unleash a Rejuvenated, More Powerful OSHA? Presented at ML&B Environmental Law Developments Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

10/20/93 TQM For Law Firms or Quality Client Service, presented at the ABA National Institute's 'A Litigator's TQM Survival Kit' seminar, Washington, D.C.

Presentation | Speech
Mark Dichter

10/04/93 Employment Law Update, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Francis Milone

10/04/93 Labor and Employment Issues Affecting International Operations, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Joseph Costello

10/04/93 The Americans with Disabilities Act One Year Later, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Mark Dichter, Lawrence Fine

10/04/93 The Clinton Administration's Labor and Employment Law Agenda, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly, Steven Wall

10/04/93 The Impact on Employers of the Administration's Health Care Reform Initiative, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Steven Spencer, Harry Burton

10/04/93 The New Pennsylvania Workers' Compensation Reform Act, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Michael Ossip

10/04/93 Workplace Safety Update, presented at a ML&B Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Dennis Morikawa

06/15/93 Recent Developments in Gender Discrimination Litigation, presented at the Practising Law Institute's 'Employment Discrimination Litigation' Conference, New York

Presentation | Speech
Mark Dichter

06/09/93 Use of Experts in Sexual Harassment Litigation, presented at the Practising Law Institute's 'Sexual Harassment Litigation' Conference, New York

Presentation | Speech
Mark Dichter

06/01/93 The Department of Labor Interim Final Regulations Implementing the Family and Medical Leave Act of 1993: ML&B White Paper

Morgan Lewis Title | White Paper
Harry Burton

06/01/93 The EEOC's Interim Enforcement Guidance Concerning the Application of the Americans with Disabilities Act to Disability-Based Provisions of Employer-Provided Health Insurance: ML&B White Paper

Morgan Lewis Title | White Paper
John Ring, Harry Burton

05/01/93 The European Community's Maastricht Protocol on Social Policy and Summary of Social Action Program Legislation and Proposals: ML&B White Paper

Morgan Lewis Title | White Paper
Malcolm Mason

05/01/93 Update on the WARN Act: ML&B White Paper

Morgan Lewis Title | White Paper
Anita W. Coupe, Joseph P. Harkins

04/01/93 United States Supreme Court Provides Employers Greater Protection From Age Discrimination Claims in Implementing Certain Business Decisions: Hazen Paper Co. v. Biggins, (April 20, 1993): ML&B White Paper

Morgan Lewis Title | White Paper
Robert Smith

03/25/93 New Developments In Benefit Cost Containment, presented at Executive Enterprises, Inc.'s Seminar entitled How The Clinton Administration's New National Labor Employment and Benefits Policy Will Affect You and Your Employees, Washington, D.C.

Presentation | Speech
Timothy O'Reilly

03/01/93 Family and Medical Leave Act of 1993: ML&B White Paper

Morgan Lewis Title | White Paper
Lawrence Fine

03/01/93 Negotiating Health Benefits, Preparing for Negotiations, presented at the New York State Bar Association's CLE Seminar entitled Negotiating Health Benefits, Albany, NY

Presentation | Speech
Andrew Schaffran

03/01/93 The European Community's Social Action Program: Developments Occurring in 1992: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran, Christopher Parlo

03/01/93 The NMB and the RLA in the 1990s, presented at The New Frontier Airline Labor Relations in the Global Era Conference, Washington, D.C.

Presentation | Speech
Harry Rissetto

03/01/93 Toledo Blade and Colorado-Ute: When Is Bargaining To Impasse Not Enough? Presentation made at American Bar Association Section of Labor and Employment Law, Committee on the Development of the Law Under the NLRA, 1993 Midwinter Meeting, Ixtapa, Mexico

Presentation | Speech
Joseph Costello

02/01/93 Protecting Self-Critical Workplace Safety and Health Compliance Audits From Disclosure: The Attorney-Client and Attorney Work-Product Privileges and Secretary of Labor Bally's Park Place Hotel & Casino: ML&B White Paper

Morgan Lewis Title | White Paper
Richard Rosenblatt, Lawrence Fine, Dennis Morikawa

01/29/93 The New Administration's Focus for Legislative Enactment in the Labor Area, presented at the Glens Falls Area Personnel & Human Relations Association

Presentation | Speech
Timothy O'Reilly

January 1993 Overview of New York and Federal Law Regarding Substance Abuse and Drug Testing in the Workplace

Morgan Lewis Title | Andrew Schaffran, Christopher Parlo

12/01/92 Department of Transportation Proposed Regulations On Alcohol Testing Programs and Proposed Amendments to Existing Drug Testing Regulations: ML&B White Paper

Morgan Lewis Title | White Paper
Donald Havermann, James Kelley, II

11/13/92 Employee Benefits Update -- Legislation and Developing Case Law, presented at a ML&B Labor and Employment Law Conference, Los Angeles

Presentation | Speech
Steven Spencer

11/13/92 Strategies for Limiting Liabilities Arising From Employment Decisions, presented at a ML&B Labor and Employment Law Conference, Los Angeles

Presentation | Speech
John Battenfeld

1992/1993 Exempt vs. Non-Exempt Status Under the Fair Labor Standards Act: Salary and Benefits Survey Report, Pennsylvania Technology Council

Outside Publication | Article
Michael Banks

07/01/92 Accommodating Workers with Disabilities, The American With Disabilities Act of 1990, presented at a seminar co-sponsored by the EEOC, the ABA Labor and Employment Law Committee, the Greater Philadelphia Chamber of Commerce and the Delaware Valley Project with Industry

Presentation | Speech
Mark Dichter

July 1992 An Outline of Mexican Labor Law, Labor Law Journal, Vol. 43, No. 7

Outside Publication | Article
Mark Zelek

07/01/92 Supreme Court Decision in Patterson v. Shumate Holds That Interests Under an ERISA Covered Pension Plan Do Not Constitute Property of the Participant's Bankruptcy Estate

Morgan Lewis Title | White Paper

06/25/92 Complying with the Public Accommodations Provisions of the Americans with Disabilities Act: An Overview, presented to Council on Education in Management

Presentation | Speech
Michael Ossip

06/01/92 Recent Court of Appeals Ruling Creates Uncertainty Regarding Acceptable Parameters of Drug-Testing Programs: ML&B White Paper

Morgan Lewis Title | White Paper
Lawrence Fine

05/01/92 Eligibility of Non-U.S. Citizens to Apply for United States Social Security Benefits: ML&B White Paper

Morgan Lewis Title | White Paper
Intellectual Property

05/01/92 Title III of the Americans with Disabilities Act: A Survey of Documentation and Compliance Issues in Lease and Other Contractual Relationships: ML&B White Paper

Morgan Lewis Title | White Paper
Peter R. Pinney, Franklin H. Caplan

04/23/92 Fourteenth Annual Labor and Employment Law Seminar for Health Care Providers, presented at an in-house Employment Law Seminar, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

Spring 1992 Fortino v. Quasar Company and the FCN Treaties: A Possible Defense to Claims of National Origin Discrimination, Analysis & Perspective, Vol. 4, No. 4

Outside Publication | Article
Francis Milone, Christopher Parlo

April 1992 Americans with Disabilities Act, The Authority, Vol. 23, No. 2

Outside Publication | Article
Robert Smith, Mark Dichter

04/01/92 Labor Issues, presented at the Florida Journal of International Law's Proceedings of the 5th Annual Seminar on Legal Aspects of Doing Business in Latin America: Free Trade, The Door Opens, Vol. 7, No. 1

Outside Publication | Article
Mark Zelek

03/25/92 Developments in COBRA Continuation Coverage, presented at a ML&B Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer

03/25/92 The Impact of the Americans with Disabilities Act of 1990 on Employee Benefit Plans, presented at a ML&B Employee Benefits and Executive Compensation Seminar, Philadelphia

Presentation | Speech
Steven Spencer

03/05/92 The Impact of Dubuque Packing Company, Inc. And The Americans with Disabilities Act On Collective Bargaining, presented at a American Bar Association Section of Labor and Employment Law, 'Committee on the Development of the Law Under the NLRA 1992 Midwinter Meeting', Key West, FL

Presentation | Speech
Timothy O'Reilly

02/07/92 Partnership and Promotion Decisions, presented at a Labor and Employment Law Section of the Los Angeles County Bar Association's 'Labor and Employment Law Symposium

Presentation | Speech
Mark Dichter

01/01/92 Dade County, Florida - Family and Medical Leave Ordinance: ML&B White Paper

Morgan Lewis Title | White Paper
Mark Zelek, Terence Connor

01/01/92 OSHA's Final Rule on Occupational Exposure to Bloodborne Pathogens: ML&B White Paper

Morgan Lewis Title | White Paper
Anita W. Coupe, Nancy L. Vary

01/01/92 The European Community's Social Action Program: Developments Occurring In 1991: ML&B White Paper

Morgan Lewis Title | White Paper
Christopher Parlo

12/01/91 New California Family Leave Law: ML&B White Paper

Morgan Lewis Title | White Paper
John Battenfeld, Frank Smith, Jr.

11/12/91 Personnel & Labor Special White Paper Report, Sexual Harassment Policies and Programs,Vol. 5, No. 28 (Greater Miami Chamber of Commerce)

Morgan Lewis Title | Mark Zelek

11/01/91 The Civil Rights Act of 1991: ML&B White Paper

Morgan Lewis Title | White Paper
Robert Smith, Mark Dichter

10/31/91 New Approaches to Limiting & Resolving Employment Claims, presented at the Defense Research Institute's 15th Annual Employment Law Seminar, Sea Island, Georgia

Presentation | Speech
Mark Dichter

10/01/91 Avoiding Liability in Connection with Individual Employment Contracts, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Michael Ossip, Francis Milone, Michael Banks

10/01/91 Current Developments in EEO and Wrongful Discharge Law, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Francis Milone, Michael Banks

10/01/91 Developments Affecting the Unionized Employer - Collective Bargaining Trends, Union Organizing and Developing Issues Under the NLRA, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Timothy O'Reilly

10/01/91 How To Control the Cost of Health, Workers' Compensation and Other Insurance Programs/ERISA Update, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Michael Ossip, Steven Spencer, Robert Abramowitz

10/01/91 How To Minimize Liability Arising from Reductions in Force and Other Employment Decisions, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Steven Wall

10/01/91 OSHA's Aggressive Approach to Workplace Safety, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Michael Ossip, Dennis Morikawa

10/01/91 Preparing for the Americans with Disabilities Act, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
Robert Smith, Mark Dichter

10/01/91 Sexual Harassment Policies & Programs: ML&B White Paper

Morgan Lewis Title | White Paper
Lawrence Fine, Mark Dichter

10/01/91 Substance Abuse and Drug Testing in the Workplace, presented at a ML&B Labor and Employment Seminar, Philadelphia

Presentation | Speech
James Kelley, II, Dennis Morikawa

10/01/91 The Department of Justice's Final Regulations Implementing Title III of the Americans with Disabilities Act: ML&B White Paper

Morgan Lewis Title | White Paper
Bradford W. Coupe, Andrew D. Ness, Roy A. Sheetz

Fall 1991 El Arbitraje En Los Conflictos de Derecho Laboral En Los Estados Unidos [Labor Grievance Arbitration in the United States], Arbitraje Comercial Y Laboral En America Central (Transnational Juris Publications Inc.)

Outside Publication | Chapter
Mark Zelek

Fall 1991 Introduction: Labor Arbitration in Central America, Commercial and Labor Arbitration in Central America (Transnational Juris Publications Inc.)

Outside Publication | Chapter
Mark Zelek

09/01/91 New York City Enacts Sweeping Changes To Its Human Rights Law: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran, Christopher Parlo

09/01/91 The EEOC's Final Regulations Implementing Title I of the Americans with Disabilities Act: ML&B White Paper

Morgan Lewis Title | White Paper
Robert Smith, Mark Dichter

08/01/91 Another Victory for Arbitration: The New York Court of Appeals Decision in Singer v. Jefferies & Company, Inc.: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran, Christopher Parlo

08/01/91 Arbitrability of Disputes Arising Under Securities Industry Arbitration Agreements: The New York Court of Appeals Decision in Singer v. Jefferies & Company, Inc.: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran, Christopher Parlo

06/01/91 Fortino V. Quasar Company: Liability of U.S. Operations of Foreign Companies for Discrimination Against Employees of American National Origin: ML&B White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran, Christopher Parlo

06/01/91 NLRB Issues New Standard for Determining Whether Decision to Relocate is a Mandatory Subject of Bargaining - Dubuque Packing Comany, Inc.: ML&B White Paper

Morgan Lewis Title | White Paper
Steven Wall, Robert Hodavance

05/31/91 Thirteenth Annual Labor and Employment Law Seminar for Health Care Providers, presented at the Annual Labor and Employment Law Seminar, Harrisburg

Presentation | Speech
Labor and Employment Law Section Lawyers

05/22/91 The NLRB's Rule Establishing Eight Bargaining Units for Hospitals, presented at the Hospital Executive Briefing, Los Angeles

Presentation | Speech
Labor and Employment Law Section Lawyers

05/01/91 Implications of the United States Supreme Court's Decision in Gilmer V. Interstate/Johnson Lane Corporation Regarding the Enforceability of Contractual Agreements to Arbitrate Age Discrimination Claims: ML&B White Paper

Morgan Lewis Title | White Paper
Francis Milone, Steven Wall

03/01/91 DOL Issues Proposed Rule Providing Limited Overtime Exemption for Computer Programmers and Other Employees in Computer-Related Occupations: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Gregory Lewis

March 1991 Learning to Manage Reductions-in-Force, Management Review

Outside Publication | Article
Mark Dichter

03/01/91 The Equal Employment Opportunity Commission's Proposed Regulations Implementing Title I of the Americans with Disabilities Act: ML&B White Paper

Morgan Lewis Title | White Paper
Robert Smith, Mark Dichter

03/01/91 The Equal Employment Opportunity Commission's Proposed Regulations Implementing Title I of the Americans with Disabilties Act: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Robert Smith, Mark Dichter

01/01/91 California Imposes Heavy Criminal Penalties on Corporations and Individual Managers For Failing to Disclose Serious Concealed Dangers: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
William J. Emanuel

12/01/90 Affirmative Action Requirements for Federally Insured Banks and Thrifts: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran

1990 Alternative Dispute Resolution under the NLRA: Devaluation of the Strike, The Labor Lawyer, Vol. 6, No. 1

Outside Publication | Article
Timothy O'Reilly

12/01/90 Negotiating Warn Liability: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Michael Bloom, Michael Banks

12/01/90 Recent Amendments to the Internal Revenue Code Regarding the Taxability of Amounts Paid By Employers for Educational Assistance: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
I. Lee Falk, Vincent Candiello

12/01/90 The European Community's Social Action Program: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Andrew Schaffran, Christopher Parlo

10/24/90 Current Issues In Construction Law Pennsylvania, presented at Construction Claims Under Pennsylvania Law

Presentation | Speech
Michael Bloom, Dennis Morikawa

10/17/90 Labor and Employment Law Seminar, Philadelphia

Presentation | Speech
Francis Milone

10/01/90 City of Philadelphia HIV/Aids Legislation: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Lawrence Fine

08/24/90 Current Issues in Today's Construction Industry, presented to the Professional Education Systems, Inc., Richmond, VA

Presentation | Speech
Michael Bloom, Dennis Morikawa

08/01/90 Workplace Substance Abuse Testing Under California Law: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Eric A. Sisco, Keith Grossman

07/01/90 Americans with Disabilities Act: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
Susan S. Sauntry, Jonathan R. Alger

07/01/90 Federal Legislation And Regulations For A Drug Free Workplace, Supplement II: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
James Kelley, II

07/01/90 Recent Judicial Decisions Pertaining To Tax Exemptions Available To NonProfit Hospitals Located In Pennsylvania: Morgan, Lewis & Bockius White Paper

Morgan Lewis Title | White Paper
William Flannery

01/01/90 Applicant Drug Testing: Wilkinson v. Times Mirror Corporation

Morgan Lewis Title | White Paper
Eric A. Sisco, Keith D. Grossman

The California Court of Appeal in San Francisco recently issued a decision which held that a private employer's drug testing of applicants for employment does not, in the circumstances of case, violate the California constitutio... more

January 1990 Greater Miami Chamber of Commerce Employment Law Handbook

Morgan Lewis Title | Mark Zelek

01/01/90 New Jersey Family Leave Act

Morgan Lewis Title | White Paper
Lawrence Fine

This White paper discusses the recently enacted New Jersey Family Leave Act and its impact on New Jersey employers. The Act provides that employees with newly born or adopted children or seriously ill family members shall be en... more

1989 Government Protection of Employees Involved in Mergers and Acquisitions (1989 and 1997 supp.)

Outside Publication | Book
Philip Miscimarra

1983 Multinational Union Organizations in the White-Collar, Service, and Communications Industries

Outside Publication | Book
Philip Miscimarra

1981 The Entertainment Industry: Inroads in Multinational Collective Bargaining, British Journal of Industrial Relations, Vol. 19

Outside Publication | Article
Philip Miscimarra

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