Publications of Interest > Labor & Employment > Practices : Morgan, Lewis & Bockius

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

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 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

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 1

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.

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

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

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

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

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

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:

more

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
Christopher Parlo, Michael Puma

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

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

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

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

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

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 B

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Synopsis:

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