Morgan Lewis

Labor & Employment

Publications of Interest

1415 Publications Found
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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

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