Labor & Employment

Breaking: US DOL Issues New Regulations After Federal Court Invalidated Old Regulations

In the latest episode of Employment Law Now, Michael Schmidt analyzes the U.S. Department of Labor's (“DOL”) new issued FFCRA regulations in direct response to a federal judge’s August 3rd decision invalidating portions of the DOL’s prior regulations. 

Listen Here

Labor and employment is a constantly changing practice area governed by a profusion of interrelated federal, state, and local laws and regulations. Cozen O’Connor has a dedicated team of labor and employment lawyers who focus on keeping clients informed and protected.

Our full-service labor and employment department represents a broad range of entities: exchange-listed companies, private enterprises, nonprofits, governments and trade associations. We handle high-stakes employment litigation, including individual and class claims of discrimination, harassment, wage and hour violations, defamation, non-compete violations, and wrongful discharge. We appear regularly before federal and state courts, agencies and departments (such as the EEOC, NLRB, DOL, IRS, OSHA, and ICE), and arbitrators. We also handle traditional labor law matters, helping employers foster positive workplace relations, negotiate collective bargaining agreements, and handle labor arbitrations and unfair labor practice proceedings.

When a specific labor or employment issue arises, clients immediately face the competing goals of vigorously refuting accusations or adverse precedents, and restoring a sense of calm and unity of purpose to the workplace. Cozen O’Connor attorneys guide clients through these complex situations and enable them to take decisive action without compromising operational effectiveness. We are keenly aware that the legal response must operate in harmony with the business goals.

One of our greatest assets in this endeavor is the depth of our trial and courtroom experience. We have dozens of lead attorneys who routinely appear in court, agency and arbitration proceedings, giving us tremendous insight into how a case is likely to play out in a litigation setting. That hard-earned knowledge serves our clients well as we partner with them to decide upon a strategic approach.


Employment Litigation

  • Investigate employee claims or government inquiries
  • Defend clients against individual or class (collective) action lawsuits
  • Represent employers in suits alleging discrimination and harassment on the basis of age, race, religion, national origin, gender, sexual orientation, disability, and other areas protected under federal, state and local law
  • Represent employers in cases involving defamation, invasion of privacy, trade secrets and noncompetition agreements, duty-of-loyalty claims, equal-pay disputes, employment benefits disputes, pension and benefit plan fiduciary liability, wage-and-hour claims, whistle-blowers, and wrongful-discharge claims
  • Advocate for clients in trade secrets and restrictive covenant cases

Employer Advising, Training and Investigations

  • Assist in the resolution of individual workplace problems
  • Create effective employee benefits and executive compensation programs
  • Advise in-house counsel, human resources professionals, and executives in the development of sound personnel policies that limit liability and enhance productivity
  • Train staff to ensure fair and consistent enforcement of personnel policies
  • Perform workplace audits and internal investigations
  • Review and draft employment policies and manuals, as well as employment and termination/severance agreements

Labor Relations & Disputes

  • Help managers build cooperative relationships with their workforce, unionized or not
  • Advise clients on NLRB regulations and represent employers in inquiries and hearings
  • Evaluate and implement alternative labor-management relationships
  • Negotiate collective bargaining agreements and handle arbitration proceedings
  • Respond to strike threats, work stoppages and mass picketing
  • Defend employers against charges of unfair labor practices, including those alleging unlawful termination, failure to bargain in good faith, and interference with employee rights


Our clients operate in diverse industries, including:

  • Chemical
  • Education
  • Energy and utilities
  • Financial services
  • Government
  • Health care
  • Hospitality
  • Retail
  • Technology
  • Transportation and logistics


Our labor and employment department is made up of outstanding practitioners with years of experience. Our attorneys have been commended by independent legal observers for their “outstanding client service” and identified as some of the “most prominent employment defense attorneys” in the country. The team includes fellows of the College of Labor and Employment Lawyers and fellows of the American College of Trial Lawyers. Members of our team are regularly recognized by leading publications such as Chambers USA, Best LawyersSuper Lawyers, and others. Most recently, two senior members of the department were recognized among "The Nation's Top 100 Most Powerful Employment Attorneys" by Human Resource Executive magazine.

As many large law firms trim their labor and employment practices and once-small boutiques expand into national litigation factories, Cozen O’Connor is steadfast in its conviction that the most sophisticated labor and employment matters are best served by practitioners operating within a full-service firm. Our labor and employment attorneys work closely with their colleagues in corporate, tax, M&A, real estate, and antitrust law to see all sides of an issue and provide comprehensive analyses. In addition, Cozen O’Connor attorneys do not churn out canned solutions to generic problems. Our clients demand tailored, timely advice that is informed by a genuine understanding of their business – and that’s what we provide.



California Codifies New COVID-19 Notice Requirements and Expands Cal OSHA Authority [Alert]

September 23, 2020

Elena Hillam and Austin Dieter discuss AB 685, signed by Governor Newsom, implementing new reporting and notice requirements and granting Cal OSHA additional powers following employee exposure to COVID-19 in the workplace.

Rebuttable Presumption for COVID-19 Illnesses to Impact Employers Through 2022 [Alert]

September 23, 2020

Elena Hillman and Austin Dieter discuss SB 1159, signed into law by Governor Newsom, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to an outbreak.

Eleventh Circuit Goes It Alone by Prohibiting Class Representative Incentive Awards [Alert]

September 21, 2020

Jason Barsanti discusses the Eleventh Circuit's decision in Johnson v. NPAS Solutions, LLC.

Philadelphia Mandates Two Weeks of Paid Sick Leave for Workers Impacted by COVID-19 [Alert]

September 17, 2020

George Voegele discusses the city of Philadlelphia's new ordinance that makes two weeks of paid sick leave available to thousands of Philadelphia workers impacted by COVID-19.

Good-Faith Defense Affirmed as to Claims Against Unions Representing Pennsylvania Public Employees [Alert]

September 15, 2020

Michael Hanlon and Benjamin L. Shechtman discuss the Third Circuit's consolidated opinions in Diamond et al. v. PSEA et al. and Wenzig et al. v. SEIU Local 668 et al.

California’s Large Employers to Provide COVID-19 Paid Sick Leave Following Newsom’s Signature [Alert]

September 15, 2020

Bethany Vasquez, Elena Hillman, and Austin Dieter discuss Assembly Bill 1867, requiring large employers to provide COVID-19 related supplemental paid sick leave to their California employees.

Changes to USCIS Fee Schedule and Forms [Alert]

September 08, 2020

On August 3, 2020, U.S. Citizenship and Immigration Services (USCIS) issued a Final Rule that alters the USCIS filing Fee Schedule. On average, the filing fees were increased overall by approximately 20 percent.

IRS Releases Implementing Guidance on Payroll Tax Deferral [Alert]

August 31, 2020

Anne Greene discusses the IRS's Notice 2020-65, which provides guidance regarding implementation the deferral of the withholding and payment of the employee portion of social security taxes.

Eleventh Circuit Sides With Employer in Title VII Opposition Clause Case [Daily Business Review]

August 21, 2020

Arielle Eisenberg wrote an article about the Title VII of the Civil Rights Act that protects an employee's conduct of complaining about Title VII violations.

Employer Back to School Guide

August 06, 2020

David Barron, David Hackett, Nandini Sane, and Bethany Vasquez designed an FAQ to address concerns that employers have regarding COVID-19 and the Fall semester.

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules [Alert]

August 05, 2020

David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors [Alert]

August 04, 2020

Arielle Eisenberg discussed the Eleventh Circuit's decision in Gogel v. Kia Motors.

Courts Give “Thumbs Down” to Pennsylvania Employees Terminated For Social Media Posts [PHRA]

July 30, 2020

Alan Pittler wrote an article about three separate lawsuits brought by Pennsylvania employees who were terminated for social media posts.

Employers Must Vigilantly Evaluate WARN Obligations As Pandemic Continues [Alert]

July 28, 2020

Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.

COVID-19 FAQs For California Employers

July 01, 2020

Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.

Philadelphia Enacts Broad Protections Against Perceived COVID-19 Risks in Employment [Alert]

June 29, 2020

Mike Hanlon discusses a new ordinance amending the Philadelphia Code to enact employee protections in connection with COVID-19” health orders.

Job descriptions can be an employer’s best document [South Florida Business & Wealth]

June 28, 2020

Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how a job description can affect litigation.

In Landmark Decision, U.S. Supreme Court Expands LGBTQ Protections in Employment [Alert]

June 17, 2020

Arielle Eisenberg discusses the U.S. Supreme Court's historic decision holding that LGBTQ individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964.

NLRB Severely Limits Jurisdiction Over Religious Schools [Alert]

June 16, 2020

Mike Hanlon, Steve Millman, and Austin Dieter discuss the NLRB's decision in Bethany College.

New York Return-To-Work Safety Plan Checklist

June 10, 2020

Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.

Adapting To Worker-Friendly City Laws Prompted By Virus [Law360]

June 01, 2020

Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.

Work After COVID-19: What Is the New Normal For Leave, Accommodation Requests? []

May 27, 2020

Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how the EEOC intends that ADA accommodation requests will be alive and well post-coronavirus and employers will be required to engaged in the interactive process with each individual.

Los Angeles Mayor Signs Two Ordinances Regulating Employer Rehire Processes [Alert]

May 22, 2020

Austin Dieter discusses two new ordinances in Los Angeles impacting employers reopening operations in L.A.

Chicago City Counsel Delays Private Right of Action in Fair Workweek Ordinance [Alert]

May 21, 2020

Jeremy Glenn, Julie Trester, and James Mackey discuss the Chicago City Council has adopted an amendment to the Fair Workweek Ordinance delaying the ability of employees to file lawsuits in court until January, 1, 2021. However, the action does not delay enforcement of the ordinance starting July 1.

OSHA Does an Abrupt Turn In Issuing New Guidance on Recording COVID-19 [Alert]

May 21, 2020

Austin Dieter and John Ho discuss OSHA's most recent guidance on when employers need to record COVID-19 illnesses.

Governor Newsom Creates Rebuttable Presumption of Workers’ Compensation Eligibility [Alert]

May 11, 2020

Austin Dieter discusses California Governor's order and how it may impact employers.

Pennsylvania Department of Health Issues Revised Employer COVID-19 FAQs [Alert]

May 06, 2020

Bryant Andrews and Bethany Salvatore discuss the Pennsylvania Department of Health's guidance for the businesses permitted to maintain in-person operations.

Texas Unemployment Insurance Update: TWC Lists Valid Reasons for Refusing Work Amid COVID-19

May 01, 2020

Adam Gutmann explains the changes the Texas Workforce Commission made to the various reasons that workers can give to legitimately turn down available work amid the COVID-19 outbreak.

EEOC Issues Guidelines on COVID-19 Testing of Employees [Alert]

April 29, 2020

Benjamin L. Shechtman discusses the EEOC's recent guidance allowing ADA-covered employers to administer a COVID-19 test to an employee prior to permitting the employee to enter the workplace, without running afoul of EEO laws.

Philadelphia Moves Forward with Fair Workweek Law Despite COVID-19 Pandemic [Alert]

April 28, 2020

Steve Millman and Michael Hanlon discuss Philadelphia's new Fair Workweek law and what employers need to know as they begin restarting operations following COVID-19 shutdowns.

Return to Work Post-Coronavirus Checklist

April 24, 2020

Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.

Potential Pitfalls of Temperature Screenings [Alert]

April 24, 2020

Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.

California Supplemental Paid Sick Leave for Food Sector Workers [Alert]

April 17, 2020

Austin Dieter discusses the California governor's supplemental paid sick leave order, including which employers are impacted by it.

Pennsylvania Requires New Employer Safety Measures to Combat COVID-19 [Alert]

April 17, 2020

Alan Pittler discusses Pennsylvania's new employer safety measures and what that could mean for non-essential businesses when they are ready to open up.

Updates on Texas and Federal CARES Act Unemployment Insurance Benefits [Alert]

April 14, 2020

Adam Gutmann discusses the Texas Workforce Commission's updated guidance regarding the availability of unemployment insurance benefits, as supplemented by the federal CARES Act.

Telework May Bring Reimbursement Claims For Ill. Employers

April 10, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing teleworking and what this might mean for Illinois businesses in terms of expense reimbursement.

Los Angeles Supplemental Paid Sick Leave Order

April 10, 2020

Austin Dieter discusses Mayor Garcetti's order lifting the paid sick leave requirements for some mid-sized businesses in Los Angeles.

Dealing with Employee Protests and Strikes due to COVID-19 Concerns [Alert]

April 09, 2020

Adam Gutmann discusses what employers should do when employees strike, participate in sickouts, or request PPE or to work from home due to concerns surrounding COVID-19.

Duty to Report Employees Who Test Positive for COVID-19

April 08, 2020

John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.

NLRB Issues New Election Rule [Alert]

April 06, 2020

Shaina Hicks and Mike Hanlon detail three changes the NLRB made to the representation case procedures.

New York State grants COVID-19 Immunity to Health Care Industry

April 06, 2020

David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.

The CARES Act Provides New Distribution and Loan Options for Individual Account Retirement Plans [Alert]

April 03, 2020

Matthew Clyde explains how the CARES Act may impact individual retirement accounts.

California COVID-19 Developments [Alert]

April 02, 2020

Austin Dieter discusses local orders and ordinances in California that may impact employers dealing with the COVID-19 pandemic.

IRS Provides New Guidance Regarding Tax Credits under the Families First Coronavirus Response Act

April 02, 2020

Nandini Sane and Tina Syring summarize employers' obligations and benefits under the FFCRA.

Dallas Paid Sick Leave Ordinance Struck Down by Federal Court

April 01, 2020

Adam Gutmann discusses the preliminary injunction stopping the enforcement of the ordinance enacted by the City of Dallas last year that would have required many Dallas employers to provide paid sick leave to their employees.

Employer Checklist for Responding to a Positive COVID-19 Test [Alert]

April 01, 2020

Michael Hanlon and Anna Will Kentz detail how employers should handle an employee who tests positive for COVID-19 or whom demonstrates symptoms of the virus.

MINNESOTA Response to COVID-19 [Alert]

March 30, 2020

Tina Syring discusses Minnesota's stay-at-home order and its impact on employers.

Pandemic-Related Funding Options For Ill. Businesses

March 30, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.

Pennsylvania Adds Notice Requirements and COVID-19 Emergency Provisions to Unemployment Comp Law

March 30, 2020

Anna Will Kentz discusses the new Pennsylvania law requiring employers to provide notice of unemployment compensation benefits to employees at the time of their separation from employment.

Summary and Analysis of Key Provisions of the CARES Act

March 28, 2020

Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.

Labor and Employment Attorneys Answer Three COVID-19 Questions [Lodging Magazine]

March 23, 2020

Susan Eisenberg and Jennifer Williams wrote about the challenges that the hospitality and lodging industry are facing with COVID-19.

COVID-19 and Texas Unemployment Insurance Benefits — Key Issues and Critical Updates [Alert]

March 20, 2020

Adam Gutmann details the changes employers and employees need to know about collecting Texas unemployment benefits.

California Governor Orders All Residents to Stay at Home [Alert]

March 20, 2020

Austin Dieter, David Hatch, and Brett Greving discuss Governor Newsome's order, who is exempt, and what services will remain available to Californians.

Layoffs, Furloughs, and the Impact of WARN Acts on Reorganizations [Alert]

March 20, 2020

Jen Williams, Peter Ennis, Arielle Eisenberg, and Nandini Sane discuss what employers must consider under state and federal WARN Acts before laying off or furloughing employees during the COVID-19 pandemic.

FAQ: Families First Coronavirus Response Act [Alert]

March 19, 2020

Aaron Holt answers employers' questions regarding the Families First Coronavirus Response Act.

Working from Home in the Age of COVID-19 — Answers to 10 Questions Employers Should Be Asking [Alert]

March 17, 2020

Peter Ennis and Michael Hanlon answer the questions employers should be asking as the workforce moves to telecommute.

IRS Announces High Deductible Health Plans Can Cover COVID-19 Expenses Without Applying a Deductible [Alert]

March 16, 2020

Robert Kaplan discusses the IRS Notice 2020-15 allowing employers to relax deductibles and other out-of-pocket limits for coronavirus-related expenses.

Model Coronavirus Response Plan

March 16, 2020

David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.

Medical Inquiries and Examinations Related to Coronavirus [Alert]

March 13, 2020

David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.

Employers Should Make Coronavirus Preparations Now [Bar Business Magazine]

March 13, 2020

Aaron Holt wrote an article discussing the action that employers should take with coronavirus within the workplace.

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty [Alert]

March 04, 2020

Joseph Quinn details what employers need to know about Pittsburgh new Act, including who is impacted and what they need to do now.

IRS Asserts No Statute of Limitations for ACA Violations; May Require New Record Retention Policies [Alert]

March 02, 2020

Jay Dorsch and Rob Kaplan discuss the IRS's position that there is no statute of limitations for penalties associated with the Affordable Care Act.

Third Circuit Upholds Philadelphia Wage History Ordinance [Alert]

February 20, 2020

Mariah L. Passarelli discusses the Third Circuit's decision and what employers need to do next.

NYC Council Considers Legislation to End At-Will Employment in the Fast Food Industry [Alert]

February 11, 2020

Katie Schwab discusses two new bills in New York City impacting fast food employers and employees. A hearing on the bills is scheduled for February 13.

Circuit Court Once Again Reins in NLRB Over Jurisdiction [Alert]

February 03, 2020

Joe Quinn discusses the court's decision in Duquesne University v. NLRB and its impact on future attempts at organizing by faculty and non-faculty employees at religious schools.

A Labor Attorney Explains the Work Rules Around Getting Sick in the Office, Whether You're Facing a Small Cold or the Coronavirus [Business Insider]

January 31, 2020

David Barron wrote about company policies involving illness in the workplace and five important questions that both employees and employers should be asking.

Court Finds Implied Wrongful Discharge Cause of Action Under PA Medical Marijuana Act [Alert]

January 30, 2020

George Voegele and Adam Gutmann discuss the Palmiter v. Commonwealth Health Systems, et al., case and what employers in Pennsylvania need to know.

NJ Court of Appeals OKs Reimbursement of Employee Medical Marijuana Costs [Alert]

January 22, 2020

Adam C. Gutmann discusses the decision in Hager v. M & K Constr and the nationwide trend towards broad acknowledgement of the peaceful coexistence of states' medical marijuana law and federal law.

DOL Changes FLSA Joint Employer Rule [Alert]

January 15, 2020

Adam Gutmann discusses the differences between vertical and horizontal joint employment as outlined by the DOL's new guidance.

Year-End Spending Bill Includes Significant Employee Benefit Plan Changes

December 30, 2019

Robert Kaplan and Jay Dorsch discuss why employers need to begin evaluating the effects of the SECURE Act on their retirement plans as soon as possible.

NLRB Changes Course Regarding Work Email and Confidentiality of Investigations [Alert]

December 23, 2019

Brian Balonick discusses two decisions by the National Labor Relations Board that reversed prior precedent on key workplace issues.

It’s Holiday Time—Can the Holiday Party Mean Exposure? []

December 16, 2019

Susan Eisenberg wrote about the dos and don'ts for employers to keep employees safe during holiday parties.

Harrisburg May Be on Cusp of Grand Compromise Regarding Employee Pay

December 03, 2019

Joe Quinn discusses the fate of the increase to the salary test for EAP exemptions and the minimum wage in Pennsylvania.

Court Says Disability-Based Harassment Is Unlawful Under ADA But Finds Plaintiff’s Evidence Lacking

November 25, 2019

Jake Rubinstein discusses workplace harassment under the ADA and what lessons employers should take from Ford v. Marion County Sheriff's Office.

‘OK, Boomer’ Is Not OK in the Workplace []

November 22, 2019

Joseph Sirbak wrote an article about the phrase "OK, boomer" and the legal consequences behind saying it.

Proceed with Caution: Halloween is the Unofficial Start of the Office Party Season [New Jersey Business]

October 30, 2019

Michael Schmidt discussed how employers can control an office party to avoid legal pitfalls.

Tenth Circuit: ADA Rights and Obligations Can Be Triggered in Subtle Ways [Alert]

October 28, 2019

Adam Gutmann discusses the Tenth Circuit's decision in Mestas v. Town of Evansville and how employers should react when an employee asks for assistance that could serve as a request for accommodation.

Ninth Circuit Court of Appeals Holds Franchisor Not Liable as a Joint Employer of its Franchisee's Employees [Alert]

October 22, 2019

The 9th Circuit Court of Appeals decided by majority opinion by Circuit Judge Susan Graber, with a partial dissent filed by Chief Circuit Judge Sidney Thomas, Salazar v. McDonald's Corp. No. 17- 15673 (9th Cir. 2019), holding franchisor McDonald’s was not a joint employer with its franchisee, because McDonald’s did not retain control of day-to-day aspects of work at the franchisee’s restaurants.

NLRB Reaffirms Its Commonsense Approach to the Validity of Employee Rules [Alert]

October 17, 2019

Barry Kearney discusses the Board's commonsense analysis of what kind of employee conduct the rule it is attempting to regulate.

New Laws On Independent Contractors Could Be Coming to a City and State Near You [Alert]

October 14, 2019

Matt Glavin and Jeremy Glenn discuss California, New York, and Illinois laws aimed at changing how workers are classified and their impact on the gig economy.

Pennsylvania Law Passed Requiring Mandatory Use of E-Verify in the Construction Industry [Alert]

October 11, 2019

Michael Hanlon and Fran Rayer discuss the new Pennsylvania law affecting the construction industry that goes into effect on October 6, 2020.

NLRB Breaks With 70 Years of Precedent and Develops a New Test for Unilateral Changes

October 01, 2019

Barry Kearney discusses the 3-1 decision in MV Transportation and why unions will now have to convince arbitrators that the employer’s unilateral action violated the agreement.

Office Halloween Parties Can Scare up Legal Issues [King County Bar]

October 01, 2019

David Barron wrote about the boundaries employers should set when they celebrate Halloween at work.

DOL Announces Increased Salary Levels for White Collar Overtime Exemptions [Alert]

September 30, 2019

Adam Gutmann discusses the update to the regulations setting the thresholds for the EAP employee overtime exemptions.

AB5: The Gig Is up on Independent Contractors [Alert]

September 25, 2019

Jason Barsanti and Brett Greving discuss AB5, which goes into effect January 1, 2020, and what it mean for employers and businesses, including the specific exceptions and what to expect next.

NLRB: After Boeing, Union Organizing Becomes Harder [Alert]

September 19, 2019

Barry Kearney discusses the Board's clarification of how the shared and distinct interests should be weighed when deciding whether the petitioned-for unit was appropriate.

Third Circuit Vacates Order Compelling Uber Driver to Arbitrate [Alert]

September 19, 2019

David Loh and Chris Raleigh discuss the Third Circuit's decision, ordering the district court to allow discovery to determine if Uber drivers belongs to a class of transportation workers engaged in interstate commerce.

5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims [Law360]

September 16, 2019

Debra Friedman discussed the U.S. Court of Appeals for the Fifth Circuit's recent decision in Faludi v. U.S. Shale Solutions LLC.

California Employers Cheer Rare PAGA Victory [Alert]

September 16, 2019

Jason Barsanti discusses the California Supreme Court's decision in Z.B., N.A. and Zions Bancorporation v. Supreme Court (Lawson) holding that private litigants cannot recover unpaid wages pursuant to section 558 of the Labor Code.

The Access of Off-Duty Contractor Employees to Private Property: A New Rule by the NLRB [Alert]

September 03, 2019

Barry Kearney discusses the NLRB's decision in Bexar County Performing Arts Center Foundation and its implications for off-duty employees who wish to communicate with the public about their working conditions.

6th Circ. Clarifies Employer Rights Amid Union Discussions [Law360]

August 30, 2019

Jake Rubinstein wrote about the Sixth Circuit's recent decision in Hendrickson USA v. National Labor Relations Board.

Wake Up Call to Employers: Illinois Joins #MeToo Movement with Groundbreaking Legislation [Alert]

August 27, 2019

Jeremy Glenn and Danielle Harris discuss Public Act 101-0221 that includes the new Workplace Transparency Act and also makes significant amendments to the Uniform Arbitration Act, the Illinois Human Rights Act, and the Victims’ Economic Security and Safety Act.

Illinois Cannabis Regulation and Tax Act – What You Need to Know [Alert]

August 16, 2019

Adam Gutmann and Anna Wermuth discuss what employers should do to comply with the new Illinois Cannabis Regulation and Tax Act.

Highlights of OSHA changes to 29 CFR 1926.55 – gases, vapours, fumes, dusts and mists [Chemical Watch]

August 08, 2019

John Ho examines updates to employee exposure limits.

Chicago Enacts Nation-Leading Predictive Scheduling Ordinance [Alert]

August 01, 2019

Jeremy Glenn and James Mackey discuss the most comprehensive “predictive scheduling” ordinance in the nation that includes significant notice, scheduling, and rest provisions for many employers in Chicago.

Access to Public Space on an Employer’s Property by Non-Employee Union Organizers: A New Rule [Alert]

July 17, 2019

Barry Kearney discusses the NLRB overturning nearly four decades of precedent.

When They Don’t Wanna’: What To Do When Employees Don’t Want To Take FMLA Leave [Pittsburgh HRA]

July 17, 2019

Mariah Passarelli wrote an article about the challenges that employers face with the Family and Medical Leave Act.

Employee Benefits Compliance: Three Employee Benefits Plans That Your Company May Be Overlooking [Pittsburgh HRA]

July 17, 2019

Anne Greene wrote an article about three types of benefit plan documents that are often pushed to the back of the file box without review and sometimes altogether forgotten.

NY is the New CA: 11 Employment Laws You Missed if You Blinked in the First Half of 2019 [Alert]

July 10, 2019

Jennifer Queliz discusses the nuts and bolts of 11 employment laws that have passed or gone into effect this year in New York.

HR guide for hurricane and disaster preparation [Westlaw]

June 26, 2019

Aaron Holt wrote about the steps employers must consider as they prepare for hurricane season and any natural or unforeseen disaster.

When is Obesity a Disability under the ADA? [Alert]

June 26, 2019

Jeff Pasek discusses the Seventh Circuit's decision in Richardson v. Chicago Transit Authority and what employers need to know when making decisions related to employee disability claims.

HHS Publishes Conscientious Objector Rule for Health Care Entities: Litigation Follows [Alert]

June 05, 2019

Peter Ennis discusses HHS's new conscientious objector rule and what health care providers need to do in order to prepare for compliance.

Navigating Background Checks in the Hiring Process [The National Law Journal]

June 01, 2019

Bethany Salvatore and Bryant Andrews wrote about conducting criminal background checks during the hiring process.

NLRB Deals Another Blow to Gig Workers’ Rights Under NLRA [Alert]

May 23, 2019

Anna Wermuth, Kelly Kindig, and Dan Johns discuss the recent advice memorandum released by the Division of Advice of the NLRB concluding drivers for the ride-sharing platform Uber are independent contractors and not employees.

How Paycheck Fairness Act Would Bolster US Equal Pay Law [Law 360]

May 06, 2019

Jennifer Queliz discussed the Paycheck Fairness Act (PFA), that passed the U.S. House of Representatives and is currently sitting on the Senate calendar.

DOL Shares Its Views on Independent Contractors in the Gig Economy [Alert]

May 02, 2019

Kelly Kindig discusses the six factors the DOL considers when determining if a worker is an employee.

Can OSHA Issue Citations for General-Duty Violations? [SHRM]

April 26, 2019

John Ho wrote about how the Occupational Safety and Health Administration (OSHA) may need to give employers more-specific guidance for keeping their workplaces free from hazards that may cause death or serious physical harm, according to commissioners in two recent administrative rulings.

SCOTUS: Ambiguous Agreement Insufficient to Compel Class Arbitration [Alert]

April 25, 2019

Adam Gutmann discusses Chief Roberts decision in Lamps Puls, Inc. v. Varela.

NLRB Overturns Rule and Clarifies a Successor Employer’s Right To Set Initial Terms of Employment [Alert]

April 18, 2019

Barry Kearney discusses the NLRB decision to overrule Galloway School Lines and its Ridgewood Health Care Center, Inc., ruling.

How teamwork won asylum for a Mexican family [Daily Herald]

April 17, 2019

Julie Trester wrote about her personal experience helping lead the asylum victory of a young Mexican mother and her children.

Politics in the workplace: More than just a headache for employers [Westlaw Journal]

April 15, 2019

Nandini Kavuri discussed ways that employers can defuse heated political discussions in the workplace without improperly restricting the ability of employees to express themselves.

Defuse Troubled Employees Without Getting Sued [HR News Magazine]

April 01, 2019

David Barron wrote about the two disturbing trends that employers find themselves confronting.

Employers in Control: Fifth Circuit Sheds New Light on Independent Contractor Test [Alert]

March 27, 2019

On February 28, 2019, the United States Court of Appeals for the Fifth Circuit issued an employer-friendly opinion, clarifying the level of “control” an employer may exercise over its independent contractors under the Fair Labor Standards Act.

The Independent Contractor Analysis under the National Labor Relations Act - Has the NLRB Come Full Circle? [Bloomberg Law]

March 26, 2019

Debra Friedman and Christopher Hennessy discussed how the employee versus independent contractor distinction is significant and has far-reaching implications for businesses.

In A Setback for Unions, NLRB Holds Lobbying Expenses Are Not Chargeable to Non-Members [Alert]

March 18, 2019

Barry Kearney discusses a recent NLRB decision and how it impacts unions who represent multiple units (particularly inter-state units) and international unions.

Temperatures Rise for Employers as Requirement for Additional EEOC Pay Data Looms [Alert]

March 13, 2019

Employers in the process of preparing their EEO-1 reports for submission by the May 31 deadline may now be scrambling to comply with additional onerous reporting requirements on short notice after D.C. District Court Judge Tanya Chutkan’s decision in National Women’s Law Center v. OMB breathed new life into what was believed to be a defunct revision to the report.

When 'Blended' OT Policies Violate FLSA's Wage Rules [Law360]

March 11, 2019

Debra Friedman discussed the impact of FLSA's wage rules with the recent case of U.S. Department of Labor v. Fire & Safety Investigation Consulting Services LLC.

DOL Proposes Revised Increase to FLSA Overtime Exemption Thresholds [Alert]

March 11, 2019

David Barron and Adam Gutmann discuss the DOL's proposal to increase the threshold at which employers can invoke certain “white collar” exemptions to the Fair Labor Standards Act overtime requirements to $679 per week ($35,308 per year).

TPS Extended For Sudan, Nicaragua, Haiti, and El Salvador [Alert]

March 06, 2019

Velika Nespor and Frances Rayer discuss USCIS's automatic extension of TPS status until January 2, 2020.

Time to prepare, South Florida: I-9 worksite enforcement is on the rise [Miami Herald]

February 22, 2019

Scott Bettridge discussed the importance of local businesses in South Florida making immigration compliance a top priority.

Can Cities Set a Local Minimum Wage? Florida Supreme Court Says No [Alert]

February 14, 2019

Jennifer Williams discusses the city of Miami Beach's attempt to raise the minimum wage and what the court's ruling means for other Florida cities.

OSHA Narrows Electronic Recordkeeping Rule [Alert]

February 11, 2019

John Ho discusses the final rule rescinding the requirement for establishments with 250 or more employees to electronically file information from OSHA Forms 300 and 301.

Independent Contractor Status: A Return to the Traditional Common Law Test by the NLRB

February 05, 2019

Barry Kearney discusses the NLRB's returned to the traditional common-law test for determining independent contractor status in the workplace.

Employers Buckle Up: Six Flags Ruling Bound to Launch Rollercoaster Litigation in Illinois [Alert]

January 29, 2019

Jenny Goltz explains why employers should ensure BIPA compliance to ward off liability following this decision by the Illinois Supreme Court.

Stop Distressing About Disgruntled Employees and Take Action

January 23, 2019

Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Recruiter about how employers can take action to prevent and minimize the impact of disgruntled workers, and it all begins with the recruiting process.

NLRB Majority Makes Clear That Individual Employee Gripes Are Not Protected By Federal Labor Law [Alert]

January 22, 2019

Barry Kearney discusses how the NLRB under Trump is defining concerted activity.

New Jersey Federal Court Finds That Employee Medical Marijuana Use Need Not Be Accommodated at Work

January 17, 2019

George Voegele and Ben Shechtman discuss a New Jersey court's dismissal of plaintiff’s claims of disability discrimination, failure to accommodate, and retaliation and what this could mean for other states including Pennsylvania, Arizona, Delaware, Massachusetts, Minnesota, and Connecticut.

Proper Planning is the Key to Creating Successful Internship Programs

January 01, 2019

Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Business Woman about how to create an internship program.

New Reimbursement Obligations For Illinois Employers In 2019 [Law360]

December 18, 2018

Christopher Hennessy, a member in the firm's Chicago office, and Jeremy Glenn, the Chicago office managing partner, co-authored an article in Law360 about new laws in 2019 that will impact Illinois employers.

What Does Workplace Training Look Like in the Wake of #MeToo and #TimesUp?

December 11, 2018

Jennifer Williams, a member of Cozen O'Connor's Labor & Employment department, wrote an article for the Daily Business Review about anti-harassment and anti-discrimination workplace training.

Medical Marijuana Poses ADA Risks For Pa. Health Care Cos. [Law360]

December 06, 2018

Mariah Passarelli, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Law360 discussing the top 10 pitfalls of health care employers pertaining to the ADA, the MMA, and the crossroads between these two complicated statutes.

An Ounce of Prevention: Reminders for Minimizing the Risk of Independent Contractor Misclassification

November 20, 2018

Brian Balonick, Tiffany Jenca, and Bryant Andrews, all of Cozen O'Connor's Labor & Employment department, wrote an article for the Pittsburgh Human Resources Association about the FLSA and the Pennsylvania Minimum Wage Act.

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

November 20, 2018

Mariah Passarelli, a member of Cozen O'Connor's Labor & Employment department, wrote an article for the Pittsburgh Human Resources Association on the crossroads facing the ADA and the Pennsylvania Medical Marijuana Act.

Lower Court Split Means Supreme Court Could Rule On Rights Of Gay And Transgender Employees [Alert]

November 02, 2018

Jake Rubinstein discusses the split between the Sixth and Tenth Circuits with regard to whether federal law permits discrimination against transgender employees and the DOJ's brief filed with the Supreme Court.

Effective Today: The New Jersey Paid Sick Leave Law

October 29, 2018

The New Jersey Paid Sick Leave Law, which was signed into law on May 2, 2018 and takes effect today, allows employees to accrue one hour of earned sick leave for every thirty hours worked, up to forty hours each year.

Trick or treat: Office Halloween parties may bring legal trouble [The Ladders]

October 23, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, wrote in The Ladders about how Halloween office parties could turn into legal trouble.

Fair Credit Reporting Act Requires Amended Notice [Labor & Employment Alert]

October 03, 2018

Joseph Quinn discusses the new notice requirements for employers that went into effect this month.

California Is Cleaning Up [Alert]

September 18, 2018

Craig Schloss, Jason Barsanti, Helen McFarland, and Aimee Axelrod Parker discuss California’s Property Service Workers Protection Act which applies to “any person or entity that employs at least one employee and one or more covered workers and that enters into contracts, subcontracts, or franchise arrangements to provide janitorial services.”

HR Guide for Hurricane and Disaster Prevention [Labor & Employment Alert]

September 17, 2018

David Barron and Aaron Holt answers common questions HR professionals have following a hurricane or other natural disaster.

How A Court's 'Pencil Color' Impacts Restrictive Covenants

September 11, 2018

Christopher Hennessy, a member of the firm's Commercial Litigation Department, and Jeremy Glenn, a member of the firm's Labor & Employment Department, co-authored an article in Law360 Expert Analysis regarding restrictive covenants.

Third Circuit Rules Employer Cannot be Forced to Arbitrate Retiree Health Care Claims [Labor & Employment Alert]

September 04, 2018

Jeff Pasek discusses the Third Circuit's decision in Cup v. Ampco that states, notwithstanding an agreement letter between the parties referencing such benefits, companies are not required to arbitrate the union’s claim for retiree health care benefits.

Sexual Harassment Update: New Requirements for New York Employers [Labor & Employment Alert]

August 29, 2018

Jeffrey I. Pasek discusses New York City and state's higher requirements on employers than those required by federal law.

A New Roadmap to Avoid Hefty OSHA Fines for Repeat Violations [Labor & Employment Alert]

August 28, 2018

Jeff Pasek and John Ho discuss how the decision in Angelica Textile may impact manufacturers, particularly those businesses with multiple locations.

Sixth Circuit Holds Full-time Presence at Work Is Not an Essential Function Under ADA [Labor & Employment Alert]

August 07, 2018

Aaron Holt warns employers responding to accommodation requests for a reduced schedule or remote employment that physical presence requirements cannot be assumed to be an essential function of a position. Instead, employers must be able to articulate specific, essential tasks for a position that cannot be completed remotely prior to denying such an accommodation request.

Third Circuit Reversal on Sexual Harassment Claim References Revelations of “Me-Too” Era [Labor & Employment Alert]

July 11, 2018

Joe Quinn and Ben Shechtman discuss the Third Circuit's ruling in Minarsky v. Susquehanna County et al., and how employers should respond with regular training related to their anti-harassment policies and specifically address the issues of non-retaliation and fear of coming forward.

Pennsylvania Proposes Significant Changes to Its Minimum Wage And Overtime Rules [Labor & Employment Alert]

June 29, 2018

George Voegele discusses Pennsylvania Governor Wolf’s Executive Order that raises the minimum wage for employees of the Commonwealth and its agencies, as well as for employees of certain government contractors and lessors of Commonwealth property.

Supreme Court Issues Janus Decision [Labor & Employment Alert]

June 27, 2018

Michael Hanlon, Lauren Fox, and Benjamin Shechtman discuss the U.S. Supreme Court's decision to overrule Abood; public employers with unionized workplaces may no longer deduct state-mandated agency or fair share fees from employees.

Third Circuit Provides Guidance on Handling of EMTALA Whistleblower Claims [Labor & Employment Alert]

June 20, 2018

Bobbi Britton Tucker discusses the court's decision in Marie Gillispie v. Regionalcare Hospital Partners, Inc., and how the court rules that the EMTALA’s whistleblower provision protects employees who inform personnel in a covered facility of an alleged EMTALA violation, even though the employee does not also inform any governmental or regulatory agency.

NLRB General Counsel Provides Guidance on Work Rules [Labor & Employment Alert]

June 12, 2018

Barry Kearney discusses the Robb memorandum, which provides guidance with regard to the recently decided Boeing case.

Preparing for the 2018 Internship Season: Know the Rules [Daily Business Review]

June 07, 2018

Jennifer Williams, a member of Cozen O'Connor's Labor & Employment department, discussed in Daily Business Review what employers need to know when employing interns.

Supreme Court Reaffirms Use of Arbitration Agreements [Labor & Employment Alert]

May 29, 2018

Joseph Quinn discusses the U.S. Supreme Court decision in Epic Systems Corp. v. Lewis affirming the enforceability of arbitration agreements that prohibit collective actions.

New Jersey Employment Law Updates: The Equal Pay Act and Paid Sick Leave Act [Labor & Employment Alert]

May 08, 2018

Ben Shechtman discusses two important pieces of legislation recently enacted in New Jersey that meaningfully alter the legal landscape for employers.

The Roller Coaster Ride of the Tip Credit

April 30, 2018

Susan Eisenberg, a member of Cozen O'Connor's Labor & Employment department, wrote in the Daily Business Review about the Fair Labor Standards Act (FLSA) in the hospitality industry.

Non-Economic Damages Recoverable Under Pennsylvania Whistleblower Law [Labor & Employment Alert]

April 12, 2018

David Hacket and Anna Will Kentz discuss the Pennsylvania Supreme Court's decision in Bailets v. Pa. Turnpike Comm’n and how it will impact Pennsylvania employers who receive public funds.

Checklist: Satisfying the Minimum Salary Threshold and Salary Basis Test Under the White-Collar Exemption

April 02, 2018

John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Bloomberg Law discussing the checklist to complete to be classified as an exempt executive, administrative professional, computer, or highly compensated employee.

FAQ – Austin, Texas Passes New Paid Sick Leave Ordinance

March 27, 2018

Aaron Holt answers frequently asked questions about the paid sick leave ordinance that recently passed in Austin, Texas. The ordinance, which mandates paid sick leave for approximately 87,000 Austin workers, almost immediately came under fire from state legislators and business groups promising to repeal the law during the next legislative session in 2019.

DOL’s New Internship Test: The Rebirth of the Internship Program?

February 23, 2018

John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for New York Law Journal about the U.S. Department of Labor's internship program.

Pennsylvania Overtime Rules Will Be in Flux [Labor & Employment Alert]

January 18, 2018

Kate Ericsson, Jeff Pasek, and Jim Davis discuss the Wolf administration's proposal to raise the salary for exempt status from the federal minimum for salaried employees to nearly double that amount in incremental shifts over the next three years.

Unnoticed Provision of New Tax Bill Makes Sex Harassment Settlements Subject to NDAs Not Deductible [Labor & Employment Alert]

January 08, 2018

Sarah Kelly, Kate Ericsson and Rory Moore discuss a provision in the new Tax Act proposed by Senator Robert Menendez, (D-N.J.) that bars deductions for settlement payments, including attorney’s fees, related to sexual harassment or sexual abuse if the settlement payment is subject to a nondisclosure agreement.

3 Trends Employers Should Fear In 2018 [Law360]

January 01, 2018

David Barron, a member of Cozen O'Connor's Labor & Employment department, wrote in Law360 about three trends in 2018 that employers should fear.

California Employment Law: New Developments for 2018 [California Lawyer]

December 20, 2017

Jason Barsanti, member and Aimee Axelrod Parker, counsel of Cozen O'Connor's Labor & Employment department wrote in California Lawyer about ten developments that will impact employers and employees in 2018.

National Labor Relations Board Issues Three Key Decisions Employers Should Review for the New Year [Labor & Employment Alert]

December 20, 2017

Brian Balonick provides the key takeaways for employers from three key decisions by the NLRB.

New York State and Local Pro-Employee Trend Continues in 2017

December 15, 2017

Michael Schmidt, vice chair and Jennifer Queliz, an associate of Cozen O'Connor's Labor & Employment department wrote in New York Law Journal about New York's trend of enacting laws and regulations at both the state and local levels.

With the holidays right around the corner, how can in-house counsel ensure company parties aren’t the source of workplace troubles?

December 13, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, answered the question of the week in the Newsletter for December 2017.

2017 Year in Review: Significant Federal Employment Law Developments [The Legal Intelligencer]

December 12, 2017

Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, wrote about the developments of employment law in 2017.

Memo from NLRB General Counsel Reveals New Priorities, with Encouraging Signs for Universities [Labor & Employment Alert]

December 07, 2017

Jake Rubinstein discusses how the NLRB's new General Counsel Peter Robb may shift positions taken by his predecessor and how that impacts colleges and universities.

Newly Issued Mandatory Advice Submissions List Reveals NLRB GC’s Priorities [Labor & Employment Alert]

December 05, 2017

Joseph Tilson and Anna Wermuth discuss the general counsel memorandum that signals to many employers that new agency officials will take a more employer-friendly approach.

Winning in Court: Maximizing Protection for the Victim through Prosecution

November 14, 2017

Aaron Holt, an associate of Cozen O'Connor's Labor & Employment department, contributed to the book Violence Against Women: Contemporary Examination of Intimate Partner Violence.

Holiday Party Disasters and How to Avoid Them

November 03, 2017

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses the potential disasters at holiday parties in Texas Lawyer.

OSHA and Workplace Violence

October 24, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment department, wrote an article for Occupational Health & Safety Online on violence in the workplace.

Checklist: Avoiding Independent Contractor Liability

October 02, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment Department, discussed with Bloomberg Law whether a worker is an independent contractor or an employee is highly fact sensitive.

Bloomberg Law Checklist: Drafting Independent Contractor Agreements

September 21, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment Department, discusses drafting independent contractor agreements in Bloomberg Law.

2019 Diversity Immigrant Visa Lottery Program Announced [Immigration Alert]

September 18, 2017

Fran Rayer discusses the Diversity Visa (DV) Lottery Program (sometimes referred to as a green card) that enables foreign nationals to apply for permanent residence in the United States without employer or family sponsorship.

Potential Perils Of Employer Parental Leave Policies [Law360]

September 14, 2017

Debra Friedman, a member of Cozen O'Connor's Labor & Employment practice, discusses the potential perils of employment parental leave policies in Law360.

Illinois Ban on Salary History Inquiries Dies on Governor’s Desk [Labor & Employment Alert]

August 28, 2017

Joseph E. Tilson and Anna Wermuth discuss why Governor Rauner’s veto is good news for Illinois employers.

Immigration Hot Topics Under the New Administration: How to Plan for Business Needs [Daily Business Review]

July 07, 2017

Scott Bettridge, chair of Cozen O'Connor's Immigration practice, discusses hot topics under the new administration in the Daily Business Review.

OSHA and Ergonomics: The Past, Present and Future

June 22, 2017

John Ho, a member of Cozen O'Connor's Labor & Employment department, discusses OSHA and ergonomics in EHS Today.

Chicago Employers Have Until June 16 to Weigh In On Proposed Paid Sick Leave Regs [Labor & Employment Alert]

June 05, 2017

Jeremy Glenn discusses an ordinance that goes into effect on July 1 requiring employers that maintain a business within Chicago to provide paid sick leave to covered employees.

DOL Fiduciary Rule Taking Effect June 9 Is Low-Calorie, But Still Hard for Some to Swallow [Employee Benefits Alert]

June 01, 2017

Jay A. Dorsch and Matthew D. Clyde discuss the DOL's Fiduciary Rule that state individuals or companies who are considered fiduciaries under the new rule must meet “impartial conduct standards” to qualify for the related prohibited transaction exemptions.

The End Of Overtime Pay As We Know It? [Law360]

May 30, 2017

Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment Department, discusses the end of overtime pay in Law360.

Contractors Should Note: Seventh Circuit Sets Up Sexual Orientation Split for SCOTUS [The OFCCP Digest]

May 19, 2017

Brian Bulger and Jenny Goltz, both members of Cozen O'Connor's Labor & Employment department, discuss this issue in The OFCCP Digest.

Seventh Circuit Sets Up Sexual Orientation Split for SCOTUS [ABA]

April 26, 2017

Jenny Goltz, a member of Cozen O'Connor's Labor & Employment department, discusses this topic in the ABA Labor and Employment Law Flash.

‘All-Gender’ Single-User Restroom Requirement Now in Effect [HR Daily Advisor]

March 17, 2017

Michelle Lee Flores, a member of Cozen O'Connor's Labor & Employment department, and Brett Taylor, of Cozen O'Connor's Commercial Litigation department, discuss the single-user restroom requirement.

NLRB General Counsel Takes a Bold Stance on Student Athletes [Labor & Employment Alert]

February 07, 2017

Joseph Tilson and Anna Wermuth discuss the NLRB General Counsel Richard Griffin's announced that scholarship football players at Division I FBS private colleges and universities are employees entitled to protection under the National Labor Relations Act.

Winter 2017 [Labor and Employment Observer]

January 03, 2017

Our Winter 2017 Labor and Employment Law Observer covers a multitude of topics of interest to in-house counsel, human resources professionals and corporate management.

2016 Kept Employers On Their Toes, Expect The Same In 2017

December 30, 2016

Debra Friedman, David Walton, Charles Wilson and James Glenn, all of Cozen O'Connor's Labor & Employment department, discuss labor & employment law in the upcoming year.

New York State Gifts Employers With State Wage Regulation End-of-Year Overhaul

December 27, 2016

Just when employers were heaving a sigh of relief this holiday season over the halting of the Fair Labor Standards Act regulations that were scheduled to take effect December 1st, the New York State Department of Labor is poised to implement changes to its wage orders that significantly increase pay levels for a wide array of businesses and employees.

Employment Laws Go Local — The Rise of Municipal and State Lawmaking [Labor & Employment Observer]

December 23, 2016

David L. Barron discusses the rise in local legislation and the main areas of state and city legislation that warrant the most attention.

EEOC Updated Its Retaliation Guidance After 18 Years Of Silence: Implications For Employers In 2017 [Labor & Employment Observer]

December 23, 2016

Danielle Harris discusses the EEOC release of EEOC Enforcement Guidance on Retaliation and Related Issues and sorts through this new guidance, focusing on the EEOC’s major concerns regarding retaliation and what employers should do in 2017.

Trade Secrets Litigation Likely to Surge in 2017 Under the DTSA [Labor & Employment Observer]

December 23, 2016

David J. Walton discusses the drastic changes Congress made to trade secret law with the passage of the Defend Trade Secrets Act of 2016 (the DTSA) that creates a federal civil action for trade secret theft, and we expect plenty of trade secret litigation in 2017.

Activist NLRB Created More Problems For All Employers in 2016 -- What Happens Under President Trump? [Labor & Employment Observer]

December 23, 2016

Brian W. Bulger, James R. Glenn, and Jeremy J. Glenn discuss the 2016 decisions of the National Labor Relations Board.

ACA Relief Brightens 2017 for Small Employers [Labor & Employment Observer]

December 23, 2016

L. Stephen Bowers and Jay A. Dorsch discuss the 21st Century Cures Act, which eases restrictions on health reimbursement arrangements sponsored by certain small employers.

Three, Two, One … Happy New Year, California Employers! [Labor & Employment Observer]

December 23, 2016

Michelle Lee Flores & Brett Nicole Taylor discuss new laws in California that will take effect in 2017.

Noncompete Agreements: New Considerations Under Both Employment and Antitrust Law [Labor & Employment Observer]

December 23, 2016

Michael C. Schmidt discusses the legal landscape in 2016 and how the Trump administration might impact various aspects of workplace issues.

Trump Transition Brings Good News for “Gig Economy” Employers, But Dramatic Change May Be Unlikely [Labor & Employment Observer]

December 23, 2016

Jenny R. Goltz discusses obstacles facing the gig economy under a Trump administration.

The Roller Coaster Ride of the New White Collar Regulations [Labor & Employment Observer]

December 23, 2016

Susan N. Eisenberg discusses changes made to the FLSA during 2016 and what will happen next in 2017.

Federal Contractors Might Be in for a Wild Ride in 2017

December 23, 2016

Debra S. Friedman discusses the executive orders signed by President Obama impacting federal contractors throughout his administration and whether the Trump administration will quickly put the brakes on, or even rescind, these executive orders and their implementing regulations.

Small Employers Cheer Recently Eased Affordable Care Act Restrictions [Employee Benefits Alert]

December 13, 2016

L. Stephen Bowers and Jay A. Dorsch discuss the 21st Century Cures Act that provides government funding and support for a number of health care initiatives.

Business Immigration Under President-Elect Trump [Immigration Alert]

November 28, 2016

Marcela Stras and Elena Park discuss potential changes to the H-1B visa worker program under President-elect Trump.

Federal Court Issues Preliminary Injunction Blocking Overtime Rules [Labor & Employment Alert]

November 23, 2016

Jeremy Glenn and Susan Eisenberg discuss a federal court's granting of an emergency motion for preliminary injunction, slamming the brakes on the DOL’s new overtime regulations that would have increased the minimum salary threshold to $47,476 annually for employees employed in a bona fide executive, administrative, or professional capacity.

Department of Labor’s New Persuader Rule Permanently Enjoined by Federal Court [Labor & Employment Alert]

November 23, 2016

Jeremy J. Glenn and Jenny R. Goltz discuss a November 16 decision from a federal judge in Texas that granted a motion for summary judgment filed by a group of business associations and law firms against the Department of Labor’s (DOL) new interpretation of the so-called “persuader rule,” and entered a nationwide permanent injunction barring the rule’s application.

7 Ways the Trump Administration Will Affect Businesses

November 18, 2016

This analysis provides insight into some of the most pertinent business issues President-elect Trump will likely address during his term, and what the election could mean for your industry and your business.

Big Brother Arrives in the HR Department [The Legal Intelligencer]

November 07, 2016

Dave Walton, a member of Cozen O'Connor's Labor & Employment department, discusses data in the HR department in The Legal Intelligencer.

New Law Reminds NYC Businesses That Freelance Work Is Not Free [Labor & Employment Alert]

November 03, 2016

Jennifer Queliz discusses New York City's new “Freelance Isn’t Free” Act that requires a written contract between a freelance worker and the business engaging them if either a single engagement or an aggregate of engagements between the parties within the past 120 days has a value of $800 or more.

Employee Social Networking Sites: A Plethora of Information, But be Careful What You Wish For [Hotel Business Review]

October 28, 2016

Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses best practices in Hotel Business Review.

Judge Temporarily Blocks “Blacklisting” Rules [Labor & Employment Alert]

October 26, 2016

Brian Bulger, Jeremy Glenn and David Barron discuss a federal judge in the Eastern District of Texas who granted a preliminary injunction blocking portions of the U.S. Department of Labor’s so-called “blacklisting” rules addressing labor law violation disclosure requirements and restriction on use of arbitration agreements.

FTC and DOJ Issue Guidance on Application of Antitrust Law to Employee Hiring and Compensation [Labor & Employment Alert]

October 25, 2016

The FTC and the DOJ jointly released Antitrust Guidance for Human Resources Professionals, advising that, going forward, the DOJ intends to criminally investigate companies who agree with competitor(s) to fix wages or other terms of employment or enter into so-called “no-poaching” agreements by agreeing not to recruit each other’s employees.

New California Law Takes Aim at Choice of Law Provisions in Employment Agreements [Labor & Employment Alert]

September 29, 2016

Michelle Lee Flores and Jason E. Barsanti discuss a new California law that gives employees the power to strike down choice of law and venue selection provisions that reach beyond the state.

Does Political Speech 'Trump' Workplace Policies? [Corporate Counsel]

September 08, 2016

Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment department, discusses political speech in the workplace in Corporate Counsel.

The Impact of Pennsylvania's New Medical Marijuana Act [The Pennsylvania Lawyer]

August 29, 2016

George Voegele, a member of Cozen O'Connor's Labor & Employment department, discusses the impact of Pennsylvania's new medical marijuana act on employers.

NLRB Decides Private University Teaching and Research Assistants Can Unionize [Labor & Employment Alert]

August 24, 2016

Joseph E. Tilson and Anna Wermuth discuss the NLRB decision yesterday that student teaching and research assistants at private colleges and universities are statutory employees who can unionize under the National Labor Relations Act.

What Are the Consequences of Political Discussion in the Workplace? [Employee Benefit Adviser]

July 28, 2016

Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment practice, discusses the consequences of political discussion in the workplace.

DOL Agenda Targets Compensation For Portable Device Work [Law360]

July 07, 2016

Michael Schmidt, vice chair of Labor & Employment department, discusses how portable device work will be affected by the DOL agenda in Law360.

Chicago Mandates Paid Sick Time [Labor & Employment Alert]

June 28, 2016

Jeremy J. Glenn and Anna Wermuth discuss what employers need to understand with regards to Chicago's paid sick leave requirement.

DOL Issues Final Rule on FLSA Overtime Rules: Action Items for Employers [Labor & Employment Alert]

May 18, 2016

David L. Barron, Jeremy J. Glenn and George A. Voegele, Jr. discuss the DOL's final regulations regarding the FLSA executive, administrative and professional overtime exemptions, also known as the “white collar” exemptions.

Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act [Labor & Employment Alert]

May 17, 2016

David Walton and David Barron discuss the Defend Trade Secrets Act of 2016 and its civil seizure provision.

New Pa. Medical Marijuana Law: What Employers Should Know [Law360]

May 10, 2016

George Vogele, a member of Cozen O'Connor's Labor & Employment department, discusses what employers should know about the new PA medical marijuana law in Law360.

Is Health Care in the Crosshairs of the Government's Expanded View of Joint Employment? [AHLA]

April 01, 2016

Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, discusses the effect of joint employment on healthcare in AHLA's Labor & Employment newsletter.

Without Compromise, ACA Contraceptive Row May End In Tie [Law360]

March 30, 2016

Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, discusses the recent Supreme Court case centering on the Affordable Care Act.

What the Union Persuader Rule’s “Indirect Persuasion” Focus Means for Employers

March 25, 2016

Jeremy J. Glenn and Jenny R. Goltz discuss the DOL's final “union persuader” rule which would expand the reporting requirements under Section 203(b) of the Labor-Management Reporting and Disclosure Act to include employers and the labor relations consultants, including lawyers, with whom they work to counter unionization efforts.

SCOTUS Opens the Door to Representative Evidence in Donning and Doffing Cases [Labor & Employment Alert]

March 23, 2016

Jason Barsanti and Jeremy J. Glenn discuss the surprising decision by the U.S. Supreme Court in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or collective action, so long as those plaintiffs could have used the same evidence in an individual action.

Analysis of Recent Cases Reveals What Justice Garland Could Mean for Employers [Labor & Employment Alert]

March 18, 2016

Brian W. Bulger and Charles H. Wilson review Chief Judge Garland’s recent opinions in labor and employment cases revealing the judge ruled against the employer in most cases.

Employer Conundrum: Disclose Workplace Violence? [Law360]

March 10, 2016

Debra Friedman, a member of Cozen O'Connor's Labor & Employment department, discusses the employer conundrum of disclosing workplace violence on Law360.

Vague COBRA Notices Could Prove Venomous [Employee Benefits & Executive Compensation Alert]

March 09, 2016

L. Stephen Bowers and Jay A. Dorsch discuss a recent class action settlement wherein a large financial services organization agreed to pay nearly $300,000 to settle claims that the notice it provided to health plan participants and beneficiaries of their right to continue their health coverage upon the occurrence of a qualifying event, as is required by COBRA, was deficient.

EEOC To Mine Employers' Pay Data For Potential Discrimination [Profile in Diversity Journal]

March 09, 2016

Debra Friedman discusses a proposed rule issued by the EEOC that would require employers with 100 or more workers to show the government how much they pay their employees.

EEOC's Brushed-Up Proposed Enforcement Guidance on Retaliation [The Legal Intelligencer]

February 23, 2016

Jeffrey Pasek, a member of Cozen O'Connor's Labor & Employment department, discusses EEOC's proposed enforcement guidance on retaliation

Third Circuit Holds Companies in Bankruptcy Can Reject Expired CBAs [Bankruptcy, Insolvency & Restructuring Alert]

February 08, 2016

Simon E. Fraser and George A. Voegele discuss a ruling from the U.S. Court of Appeals for the Third Circuit that comes as a blow to organized labor and a boon to employers in bankruptcy.

Navigating The Legal Minefield Of Politics In The Workplace [Law360]

February 04, 2016

David Barron, a member of Cozen O'Connor's Labor & Employment department, discusses how to navigate the legal minefield of politics in the workplace in Law360.

Will Plan Participants’ Demands for Perfection Retire Large 401(k) Plans? [Employee Benefits Alert]

February 03, 2016

Stephen L. Bowers and Jay Dorsch discuss Bell v. Anthem Inc. et al., and (1) whether it is a breach of fiduciary duty for a large plan to not use its leverage to secure lower administration and investment services fees, and (2) whether the selection of higher-fee mutual funds over similar lower-cost funds constitutes a per se breach of fiduciary duty under ERISA?

Supreme Court Sends ERISA Plans Racing to the Courthouse for Subrogation Recoveries [Employee Benefits & Executive Compensation Alert]

January 29, 2016

Stephen L. Bowers, Jay A. Dorsch and Jeffrey I. Pasek discuss the recent U.S. Supreme Court decision in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan and how it impacts fiduciaries of employee benefit plans governed by ERISA.

DOL Sets Its Sights on Small Businesses in Recent Joint Employer Guidance [Labor & Employment Alert]

January 22, 2016

Jeremy J. Glenn, George A. Voegele and Charles H. Wilson discuss the Department of Labor's Administrator’s Interpretation released January 20, 2016 outlining two new standards for determining joint employer status under both the FLSA and the MSPA.

Labor and Employment Observer 2015/2016

January 06, 2016

The 2015/2016 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2016.

How New York's (New) Wage Deduction Law Affects Employers [Law360]

December 17, 2015

Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses how New York’s new wage deduction law will affect employees.

Happy New Year: New Resolutions for New York in the New Year [Labor & Employment Alert]

December 08, 2015

Here are the top five new laws signed by Governor Andrew Cuomo that are designed to continue the push toward pay equity, expand legal protections against workplace discrimination, and otherwise further regulate the employer-employee relationship.

Don't Let Politics Disrupt Your Workplace's Holiday Spirit [Houston Business Journal]

December 02, 2015

David Barron discusses how to handle political chatter in the workplace

Recent Prison Guard Case Frees Employers from Meal Period Uncertainty Under the FLSA

December 01, 2015

The Third Circuit held that corrections officers need not be paid for any portion of their one-hour meal breaks, because the time at issue is predominantly for the employees’ benefit.

Michael Schmidt Discusses New York City’s Ban-The-Box Law [Law360]

November 17, 2015

Michael Schmidt discusses the new Ban-The-Box law and how it will affect employers.

NLRB’s Joint Employer Ruling Threatens to Reorder Employment Relations in the Health Care Industry

September 16, 2015

Hospitals and nursing homes may find themselves pulled into union elections or collective bargaining with staffing agencies, outside service providers and hitherto independent contractors.

Know the Law When the Winds Start to Howl []

September 16, 2015

David Barron offers helpful tips for HR professionals and employers preparing for the hurricane season.

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute [Labor & Employment Alert]

September 14, 2015

There is an ever-increasing number of public and private sector employees who find that their religious beliefs clash with their work responsibilities. In this Alert, we review some of the lessons every employer may take away from the controversy highlighted by Kim Davis.

Cozen O’Connor Lawyers Win Appeal Defeating Northwestern Football Players' Attempt to Form Union

August 18, 2015

In dismissing the petition for election, the Board overturned a 2014 decision by Chicago’s Regional Director, Peter Ohr, finding that the scholarship football student-athletes were employees under the Act and entitled to vote in a union election.

Is A DOL Rule For Portable Device Work Coming? [Law360]

July 23, 2015

Michael Schmidt offers tips to employers to avoid violating the Department of Labor’s recently proposed rule of changing overtime regulations.

EEOC’s Proposed Wellness Regulations Bring Some Clarity and Some Questions [Employee Benefit Plan Review]

July 15, 2015

Debra Friedman discusses the Equal Opportunity Employment Commission’s (EEOC) recently issued notice of proposed rulemaking with respect to employer-sponsored wellness programs, focusing on the interplay between the Americans with Disabilities Act (ADA) and the Affordable Care Act (ACA).

Hold Your Breath and Take a Deeper Dive Into the Department of Labor’s Proposed Overtime Rule Changes [Technical Bulletin]

July 13, 2015

David Barron and Jeremy Glenn authored an article concerning the Department of Labor’s proposed changes to the federal overtime rules.

Department Of Labor Announces Long-Awaited Increase in Salary Threshold for Exempt Employees [Labor & Employment Alert]

July 01, 2015

The proposed rule would amend the existing regulations governing the white-collar exemptions and raise the required salary threshold for exemption from overtime to $50,440 per year by next year.

Employer Liability in the Age of Cybersecurity [The Legal Intelligencer]

June 30, 2015

David Walton and Leigh Ann Benson discuss the importance of employers preventing cybersecurity incidents and what the outcome of the Supreme Court case Spokeo v. Robins would mean for class actions brought by their employees.

Employers May Fire Employees for State-Licensed Medical Marijuana Use, Colorado Supreme Court Holds [Labor & Employment Alert]

June 18, 2015

While the case highlights the growing tension between state and federal marijuana law, it is also welcome relief for employers who have or are considering a zero-tolerance drug policy based on federal law’s continued classification of marijuana as an illicit drug.

Supreme Court Clarifies Religious Accommodation Requirements in Hijab Case, but May Create New Problems for Unwary Employers

June 02, 2015

In a decision that came as no major surprise to Supreme Court watchers, on June 1, 2015, the Court ruled 8-1 in EEOC v. Abercrombie & Fitch that Abercrombie & Fitch violated the civil rights of a Muslim job applicant when it refused to hire her because the headscarf that she wore pursuant to her religious obligations conflicted with the company’s dress code policy.

US Supreme Court Considers Religious Accommodations [The Legal Intelligencer]

April 09, 2015

In an article titled “US Supreme Court Considers Religious Accommodations,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, discusses an important case regarding employers' obligations to accommodate employees' religious practices under Title VII of the Civil Rights Act of 1964. Must the employer have actual knowledge that the applicant or employee requires a religious accommodation, or does a hunch suffice? And must that knowledge come from direct, explicit notice from the applicant or employee, or can it come from some other source? The justices will try to answer these questions in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores.

Trick Or Tweet: The Perils Of Punishing Employee Posts [Law360]

April 02, 2015

In an article titled “Trick Or Tweet: The Perils Of Punishing Employee Posts,” Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses a company’s ability to take some form of employment-related action in response to an employee’s negative social media post while maintaining compliance with guidance of the National Labor Relations Board.

NLRB General Counsel Offers Glimpse Into the Board’s Approach to Employee Handbooks [Labor & Employment Alert]

March 26, 2015

In a move that should remind all employers (whether unionized or non-unionized) to regularly review their employee handbooks, Richard F. Griffin, the General Counsel of the National Labor Relations Board (Board or NLRB), recently issued a memorandum addressing the kind of handbook language that could run afoul of the National Labor Relations Act.

Complaints from Transgender Employees by the EEOC: How Can a Company Prepare & Respond? [HR Advisor]

February 02, 2015

In an article titled ''Complaints from Transgender Employees by the EEOC: How Can a Company Prepare & Respond?'' Jason Cabrera, an associate in Cozen O’Connor’s Labor & Employment Department, discusses how companies should prepare for and learn how to respond to Title VII claims from transgender employees given the Equal Employment Opportunity Commission’s recent enforcement actions in fall 2014.

Is OSHA About To Ramp Up Its Whistleblower Program? [Law360]

January 23, 2015

In an article titled, ''Is OSHA About To Ramp Up Its Whistleblower Program?'' Debra Friedman, a member of Cozen O'Connor's Labor & Employment Department, discusses the significant challenges employers face when a whistleblower complaint is filed with the U.S. Occupational Safety and Health Administration (OSHA) and recommends that employers prepare themselves by implementing a whistleblower complaint procedure program.

Minnesota Human Resources Manual [American Chamber of Commerce]

January 20, 2015

Heather Marx, a member of Cozen O’Connor’s Commercial Litigation Department, and Kristi Zentner, a member in the Business Law Department, co-authored the “Minnesota Human Resources Manual” for the American Chamber of Commerce. This comprehensive human resources manual explains, in plain English, the duties of the employer during the entire employment process – everything from pre-hire through post-termination. It covers more than thirty primary topics and includes practical advice on what should be done, solid advice on how to do it and a complete explanation of why it is important.

U.S. Supreme Court Analyzes Pregnancy Discrimination [The Legal Intelligencer]

January 15, 2015

In an article titled “U.S. Supreme Court Analyzes Pregnancy Discrimination,” Stephen Miller, a member of Cozen O’Connor’s Commercial Litigation Department, and Jessica Hurst, an associate in the Labor & Employment Department, discuss Young v. United Parcel Services, in which the U.S. Supreme Court will decide the appropriate standard to apply in determining whether an employer has violated the Pregnancy Discrimination Act. More specifically, the court will determine under what circumstances pregnant employees are entitled to work accommodations that are provided to their non-pregnant coworkers.

2014/2015 Labor and Employment Observer

December 31, 2014

The 2014/2015 Labor and Employment Observer looks back at significant developments in labor and employment law over the past year and forward to what employers can expect in 2015.

Department of Labor Targeting Oil and Gas Contractors [Breaking Energy]

December 18, 2014

In an article titled ''Department of Labor Targeting Oil and Gas Contractors,'' David Barron, a member of Cozen O'Connor's Labor & Employment Department, highlights the increased scrutiny on employers in the oil and gas industry and offers some important tips for maintaining compliance with wage and hour regulations.

Supreme Court Denies Pay for Security Check Time [Labor & Employment Alert]

December 09, 2014

So do all those workers filling your holiday orders need to be paid extra for undergoing security screenings at the end of their shift? The U.S. Supreme Court today said no. The Court’s highly anticipated, unanimous ruling emerged from Integrity Staffing Solutions, Inc. v. Busk, a case involving the interpretation of the Portal-to-Portal Act, 29 U.S.C. § 254(a), which exempts employers from FLSA liability for claims based on “activities which are preliminary to or postliminary to” the performance of employees’ principal work duties.

President Obama Announces Immigration Bills: Real Reform or Band-Aid Fixes? [Immigration Alert]

December 01, 2014

On November 20, 2014 President Obama announced a series of executive actions to reform the “broken” immigration system after Congress failed to pass a comprehensive immigration reform bill this year. These initiatives have not been implemented, and U.S. Citizenship and Immigration Services (USCIS) is not accepting any requests or applications at this time. We have been informed that over the next few months, USCIS will issue detailed explanations, instructions, regulations and forms as necessary. While USCIS is not currently accepting requests or applications, anyone who believes that he or she may be eligible for one of the immigration initiatives should prepare by gathering documents that establish his or her: (1) Identity; (2) Relationship to a U.S. citizen or lawful permanent resident; and (3) Continuous residence in the United States over the last five years or more.

Steps to a Company Party? Eat, Drink and Be Wary [Texas Lawyer]

December 01, 2014

In an article titled “Steps to a Company Party? Eat, Drink and Be Wary,” A. Martin Wickliff, Jr., a member of Cozen O’Connor’s Labor & Employment Department, suggests a number of steps employers should take to minimize potential legal problems when hosting office happy hours and holiday parties.

Pay Transparency: The New Way of Doing Business [Compensation & Benefits Review]

November 18, 2014

In an article titled “Pay Transparency: The New Way of Doing Business,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses the federal government’s recent Executive Orders mandating pay transparency for the federal contracting community. This new way of doing business has potentially profound implications for all employers. Companies must be prepared for employees, the federal government and third parties to closely scrutinize their compensation systems and decision-making practices.

Attorney: Halloween parties don't have to be scary for employers [Philadelphia Business Journal]

October 30, 2014

In an article titled “Attorney: Halloween parties don’t have to be scary for employers,” David Walton, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the key steps employers should take to avoid any potential legal headaches that might arise from an office Halloween party.

Internships: Worthwhile Programs or Liability Traps? [New York Law Journal]

October 20, 2014

In an article titled ‘’Internships: Worthwhile Programs or Liability Traps,’’ Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, discusses the recent surge in lawsuits brought on behalf of a company’s current (and former) unpaid interns and the steps companies can take in order to avoid such litigation.

OFCCP Announces Proposed Rule on Pay Transparency [Labor & Employment Alert]

September 16, 2014

The Office of Federal Contract Compliance Programs (OFCCP) has announced a proposed rule on pay transparency, to be published in the September 17, 2014 Federal Register. The proposed rule would implement Executive Order 13665, which prohibits federal contractors from retaliating against applicants and employees for inquiring about, disclosing or discussing pay information. The proposed rule applies to covered federal contracts and subcontracts exceeding $10,000 in value that are entered into or modified on or after the effective date of the final rule. While the proposed rule could change before it is finalized, it is time for federal contractors to consider their policies and practices on pay information.

Paid Sick Leave Now Mandatory in California: What Employers Need to Know Now! [Labor & Employment Alert]

September 11, 2014

On September 10, 2014, California Governor Jerry Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014. The Act applies to public and most private employers and mandates paid sick leave to workers starting on July 1, 2015. Specifically, California employees will accrue one hour of paid sick leave for every 30 hours worked, up to a total of six paid sick days per year. Because it establishes leave based on the amount of hours worked, the law will cover part-time, temporary and seasonal workers.

5 Things To Consider Before Posting Social Media Policies [Law360]

September 08, 2014

Michael Schmidt, vice chair of Cozen O’Connor’s Labor & Employment Department, authored an article for Law360 titled, “5 Things To Consider Before Posting Social Media Policies.” The article addresses the need for employers to develop an appropriate mindset when it comes to managing social media use by their employees and creating their social media policies and practices. Michael reviews five common workplace issues and explores the National Labor Relations Board’s position on each.

New Jersey Becomes Latest State to “Ban the Box” [Labor & Employment Alert]

August 13, 2014

On August 11, 2014, Governor Chris Christie signed into law the Opportunity to Compete Act, New Jersey’s version of “ban the box.” When the law takes effect on March 1, 2015, companies who employ 15 or more employees will be prohibited from inquiring orally or on a job application about a job applicant’s criminal history until after the employer conducts a first interview. The Act will also prohibit employers from posting job advertisements that exclude applicants with criminal histories from consideration. Employers will be permitted to inquire about an applicant’s criminal history after the first interview. Moreover, employers may still refuse to hire an applicant based upon the applicant’s criminal record, unless that record has been expunged or erased through executive pardon.

Obama Issues Executive Order Scrutinizing Labor Practices of Federal Contractors [Labor & Employment Alert]

August 04, 2014

President Obama does it again, issuing yet another Executive Order aimed at those seeking to do business with the federal government. On July 31, 2014, Obama issued the Fair Pay and Safe Workplaces Executive Order, which the White House expects to be implemented in stages on new federal contracts valued at more than $500,000, beginning in 2016. This new Executive Order targets three areas: (1) disclosure to the federal government of a prospective contractor’s labor law violations over the three years preceding the contract; (2) disclosure of information necessary for the employees of federal contractors and subcontractors to verify the accuracy of their paychecks; and (3) for those federal contracts or subcontracts with an estimated value exceeding $1 million, a prohibition against the imposition of pre-dispute arbitration agreements covering claims under Title VII of the Civil Rights Act of 1964, as amended (Title VII), or for torts related to or arising out of sexual assault or harassment.

New Employment Protections for LGBT Employees of Federal Contractors, U.S. Government [Labor & Employment Alert]

July 23, 2014

Continuing to use executive authority to act in the absence of Congressional action, President Obama signed an Executive Order on July 21, 2014 that gave new protections against discrimination to lesbian, gay, bisexual and transgender (LGBT) employees of federal contractors and subcontractors, and the federal government. (For the federal government, discrimination was already prohibited on the basis of sexual orientation and is now also prohibited on the basis of gender identity.) The new rules relating to federal contractors won’t be effective until additional regulations are issued in the next three to nine months, but the rules relating to employment by the federal government are effective immediately.

Pennsylvania Expands Whistleblower Law to Cover Some Private Employers, Nonprofits [Labor & Employment Alert]

July 16, 2014

Pennsylvania Governor Tom Corbett gave final approval to two bills that drastically expand the scope and enforcement provisions of the Pennsylvania Whistleblower Law. Under the amendments, which take effect on August 31, 2014, employees of any business or nonprofit organization that receives public contracts or funding from the commonwealth or its subdivisions will now receive whistleblower protection.

The Latest Do's and Don'ts With Social Media Policies [Bloomberg BNA]

July 15, 2014

In an article published in Bloomberg BNA, Michael Schmidt, vice chair of Cozen O'Connor's Labor & Employment Department, advises on the "Do's and Don'ts" of company social media policies and reviews recent NLRB positions on five common workplace issues.

U.S. Supreme Court Doubles Down on Fair Labor Standards Act [The Legal Intelligencer]

July 03, 2014

In an article published in The Legal Intelligencer, Stephen Miller and Kaitlin DiNapoli, attorneys in Cozen O’Connor’s Litigation Department, discuss the U.S. Supreme Court’s exploration of two Fair Labor Standards Act cases that have far-reaching consequences for employers, since back pay, overtime and double damages for employees are on the line. The cases involve the compensability of certain activities—donning and doffing protective gear in the case decided in January and going through a security screen in the new case—that employees must complete to perform their jobs, but are not necessarily the crux of the jobs themselves.

The Supreme Court’s Hobby Lobby Decision Carries Broad Implications for Employers [Labor & Employment Alert]

July 02, 2014

The U.S. Supreme Court this week issued its long-awaited decision in Burwell v. Hobby Lobby Stores, Inc., regarding the ability of for-profit corporations to refuse to abide by regulations that require them to provide cost-free contraception to their female employees. The Court ruled in favor of Hobby Lobby, holding that the regulations imposing the contraception mandate of the Affordable Care Act violated another federal law, the Religious Freedom Restoration Act (RFRA). Although the Court seemed to emphasize the limited nature of its holding, this case has broad implications for all corporations and all types of government regulations.

Restrictive Covenants in the Internet Age [The Legal Intelligencer]

May 06, 2014

Michael Schmidt, vice chair of Cozen O’Connor’s Labor and Employment Department, and Jason A. Cabrera, associate in the Labor and Employment Department, co-authored an article for The Legal Intelligencer titled, “Restricted Covenants in the Internet Age.” The article discusses the impact of social media on restrictive convents.

The Latest From New York City: New Law Prohibits Discrimination Against Interns [Labor & Employment Alert]

April 18, 2014

There are two trends that continue to gain steam in the employment law world: an increase in employee protections by the new Mayor De Blasio administration in New York City, and an increase in employment law claims made by interns. Both trends have come together in a new law affecting New York City employers beginning on June 14, 2014.

President Obama Wields His Executive Power Once Again to Target Federal Contractors on Pay Issues [Labor & Employment Alert]

April 09, 2014

On April 8, 2014, President Obama took two significant actions in the employee pay arena. He signed an Executive Order prohibiting federal contractors from retaliating against their applicants and employees for inquiring about, disclosing or discussing pay information. He also issued a Presidential Memorandum directing the U.S. Department of Labor (DOL) to issue new regulations requiring federal contractors to provide compensation data to the federal government, broken down by gender and race.

First and Ten: Will College Athletes Be the Next Wave of Unionization? [Labor & Employment Alert]

March 28, 2014

Everyone recognizes that college athletics are big business for the schools, but do they exploit the student athletes under the guise of amateurism? Thanks to a new decision out of the Chicago office of the National Labor Relations Board, we will likely find out if scholarship athletes will be treated as employees with the right to unionize under the National Labor Relations Act. On March 26, 2014, the NLRB regional director concluded that the scholarship recipients on the Northwestern University football team are employees and ordered an election to determine if they desire union representation.

President Obama Orders the Department of Labor to Modernize Overtime Rules [Labor & Employment Alert]

March 17, 2014

In a White House ceremony on Thursday, March 13, 2014, President Barack Obama signed a memorandum ordering the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” governing the Fair Labor Standards Act (FLSA). Although the president did not direct specific changes, he clearly stated that the goal of any regulatory changes would be to make more workers eligible for overtime pay under federal law. The president’s directive is expected to lead to proposed rules that would require employers to pay overtime to millions of workers who are currently classified as exempt employees.

Understanding State Anti-Discrimination Statutes [HR Magazine]

March 01, 2014

In an article titled “Understanding State Anti-Discrimination Statutes,” Debra Friedman, a member of Cozen O’Connor’s Labor & Employment Department, discusses state anti-discrimination statues and how important it is for employers that operate in multiple states to be able to navigate which state’s anti-discrimination statutes apply.

Supreme Court Holds That Items of Protective Clothing Are ‘Clothes’ For Purposes of the FLSA [Labor & Employment Alert]

January 28, 2014

The U.S. Supreme Court yesterday released its much-anticipated decision in the case of Sandifer v. United States Steel Corporation, and held that Section 203(o) of the Fair Labor Standards Act (FLSA) — which allows parties to a collective bargaining agreement to decide for themselves through negotiations whether “time spent in changing clothes … at the beginning or end of each workday” is compensable — applies to articles of protective clothing such as flame-retardant jackets, pants, hoods, snoods, wristlets, leggings, hardhats, work gloves and steel-toed boots.

New Jersey Now Requires Employers to Provide Reasonable Accommodations for Pregnant Employees [Labor & Employment Alert]

January 28, 2014

New Jersey Governor Chris Christie signed into law last week a bill that specifically adds pregnancy to the New Jersey Law Against Discrimination (NJ LAD) and requires employers to offer reasonable accommodations to pregnant employees who request accommodation. The new law, which was passed unanimously by the state Senate and with just one dissenting vote in the state Assembly, makes several major changes to existing law. Employers should be mindful of this new law because it strengthens the already tough NJ LAD and goes farther than the federal Pregnancy Discrimination Act.

Reminder of Two New Obligations for New York City Employers [Labor & Employment Alert]

January 17, 2014

Employers operating in New York City should be reminded of two significant additions to the checklist of employment obligations that will become effective in the coming weeks.

2013/2014 [Labor and Employment Observer]

January 01, 2014

We are pleased to provide you with our 2013/2014 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2014.

More Regulation: The OFCCP Sets Its Sights on Veterans and Individuals with Disabilities [AHLA Labor & Employment Newsletter]

December 13, 2013

The Office of Federal Contract Compliance Programs (OFCCP) has stepped up its efforts in recent years to assert jurisdiction over more health care providers. As a result, a growing number of health care providers are struggling to comply with OFCCP's many regulatory requirements, while others are warily watching developments in this area. Now, federal contractors are faced with new regulations principally aimed at increasing employment opportunities for veterans and individuals with disabilities. These regulations, which cover an estimated 200,000 federal contractor establishments, become effective March 24, 2014, and require contractors to make additional, significant recruitment and outreach efforts to these groups.

The haze has not lifted: Medical marijuana continues to confound employers [Retailing Today]

December 12, 2013

So far 20 states and the District of Columbia have enacted laws permitting and regulating the use of marijuana for medicinal purposes. Colorado and Washington have gone further and legalized the recreational use of marijuana. Moreover, Americans’ tolerance for the legalization of marijuana is increasing. An October 2013 Gallup poll showed that 58% of Americans favor legalizing marijuana. What does this trend mean for retailers, especially those operating in multiple states? The answer is complex, as the law is evolving.

Why Employers Shouldn't Ignore Workplace Bullying [The Legal Intelligencer]

November 27, 2013

Many associate bullying with kids and schools. State laws, educational awareness campaigns and all-too-frequent tragedies focus our attention on the problem of school bullying. Much less attention is paid to workplace bullying. In fact, in telling my school-age child that there are bullies at some workplaces, her response was: “There are no bullies at work. It is just people complaining.” This misconception is common, and unfortunately extends to many employers. As a result, many employers don’t see the need to take a proactive stance against workplace bullying. Even employers who acknowledge the prevalence of bullying in the workplace often see no need to act because currently there are no federal or state laws that expressly make workplace bullying illegal. This inaction, however, can translate into missed opportunities and increased costs.

Two New Measures in New York: Wage Deduction Rules and Pregnancy Accommodation

October 16, 2013

Most employers tend to focus on federal law as a source of labor and employment obligations. However, employers should also pay careful attention to state and local laws on workplace issues. The first half of this month has already seen two significant developments in New York.

Love Conquers All [Today's General Counsel]

September 25, 2013

What could be better than new love, except perhaps secret new love? Few in the throes of budding romance are willing to acknowledge the possibility that what is sweet now might sour later, let alone eventuate in a lawsuit. But when the romance in question is between co-workers, and especially where there is a supervisory relationship involved, the company hosting their courtship should take protective measures once the relationship comes to light. Otherwise, what began as an innocent (or not-so-innocent) dalliance could end in a nasty and costly lawsuit.

Changes to New Jersey’s Unemployment Insurance Law Penalize Nonresponsive Employers [Labor & Employment Alert]

September 12, 2013

New Jersey has joined a growing list of states enacting changes to their unemployment insurance laws to comply with an upcoming federal deadline. Starting October 22, 2013, New Jersey will refuse to relieve an employer’s account of charges for erroneous benefit payments if (1) the payments were made because the employer failed to timely respond to requests for information from the New Jersey Division of Labor and Workforce Development, and (2) the employer has a pattern of failing to respond to such requests.

Harassment Concerns and Effective Policies for Hotel Employers [Hotel Executive]

July 03, 2013

The scene is not uncommon, a beautiful hotel with several floors of luxurious rooms, restaurants and bars, and cascading waterfalls out at the pool. It is not your typical office, yet it is critical that hotel employers understand that the men and women who work in this setting are employees and that the hotel is a workplace. So, as informal, perhaps even as romantic, as the scene may be, employment laws proscribing harassment in the workplace apply in hotels as equally as they do in a medical practice, a law firm or an insurance brokerage house.

Leaving the Door Open to Departing Employees [The Legal Intelligencer]

July 02, 2013

Remember that group of employees laid off a few months ago? One has applied for a new job opening and was not rehired. Now that employee is claiming that the company has engaged in unlawful, discriminatory action in failing to rehire her. This scenario is all too real. Indeed, Gonzalez v. Molded Acoustical Products of Easton, 118 FEP Cases 877 (E.D. Pa. 2013), a recent case out of the U.S. District Court for the Eastern District of Pennsylvania, should remind employers of the risk exposure associated with hiring for positions that were previously impacted by reductions-in-force.

Supreme Court Decision Upholding Class Action Waivers is Good for Employers [Labor & Employment Alert]

June 25, 2013

On June 20, 2013, in a 5-3 decision, the U.S. Supreme Court ruled that the Federal Arbitration Act (FAA) does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery.

Obama Administration 2.0: What’s at Stake for Employers [Profiles in Diversity Journal]

May 01, 2013

During Barack Obama’s first term as president, most of his pro-employee legislative agenda was stymied by Congress. Undeterred, the Obama Administration turned to administrative agencies such as the Department of Labor, National Labor Relations Board, and the Equal Employment Opportunity Commission to move forward its workplace agenda. The stakes continue to be high for employers during President Obama’s second term, particularly in the diversity-focused areas of equal employment opportunity and immigration.

Hospitals Providing Medical Care to Federal Employees Covered by HMOs May Be Subject to OFCCP's Affirmative Action and Other Requirements [Labor and Employment Alert]

April 08, 2013

Over the years, the Office of Federal Contract Compliance Programs (OFCCP), which enforces affirmative action and equal opportunity regulations for federal contractors and subcontractors, has tried to assert jurisdiction over hospitals that provide medical care to federal employees in various controversial ways. For example, OFCCP has claimed hospitals are federal subcontractors when they provide medical services to Blue Cross/Blue Shield and/or HMO policyholders pursuant to the insurance providers’ agreements with the Office of Personnel Management (OPM). The U.S. District Court for the District of Columbia just gave the green light to OFCCP to assert its jurisdiction over hospitals, at least where HMOs covering federal employees are involved.

New York Increases Its Minimum Wage [Labor & Employment Alert]

April 02, 2013

On March 29, 2013, New York Governor Andrew Cuomo signed legislation that will raise the New York minimum wage in staged increases over the next three years.

Take the Target Off Your Back [HRO Today]

April 01, 2013

Disability discrimination remains a hot button issue in the workplace. Employees and applicants file more disability discrimination charges with the Equal Employment Opportunity Commission (EEOC) each year, totaling some 25,000 charges in fiscal year 2011 alone.

Five Key Areas to Watch During Obama’s Second Term [HR Morning]

March 27, 2013

One of Barack Obama’s first actions when he became president was to sign the Lilly Ledbetter Fair Pay Act of 2009, resetting the statute of limitations each paycheck for equal-pay gender discrimination lawsuits and making it easier for employees to pursue them.

New York City Employers Cannot Discriminate Based on Unemployment Status As of June 11, 2013 [Labor & Employment Alert]

March 19, 2013

The New York City Council continues to grow the chasm that exists between New York City employment law and its state and federal counterparts. Specifically, on March 13, 2013, the council overwhelmingly enacted (by a 43-4 vote) a local law that precludes employers and employment agencies from refusing to consider or hire an applicant because he or she is unemployed, and from posting advertisements that require job applicants to be employed. This comes less than a month after New York City Mayor Michael Bloomberg initially vetoed the legislation, which now is set to become effective on June 11, 2013.

New Employment Eligibility Verification Form, Form I-9, Issued by USCIS [Labor and Employment Alert]

March 14, 2013

On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued a new Employment Eligibility Verification Form, Form I-9, and a revised Handbook for Employers, M-274. The main changes to the new Form are that it contains further instructions on how to complete the Form I-9 and also expands the Form itself to two pages. Employers should review the revised Handbook and may begin using the new Form I-9 immediately both for new hires and for work authorization reverification. USCIS is allowing employers two months to transition to the new Form I-9, but beginning on May 7, 2013, employers must use the new Form I-9. Employers do not need to complete a new Form I-9 for current employees with a proper I-9 on file.

OFCCP Rescinds Its 2006 Compensation Standards in Favor of More Flexible Approach to Pay Discrimination Compliance Evaluations [Labor and Employment Alert]

March 04, 2013

Effective February 28, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) rescinded its much criticized 2006 Compensation Standards and Voluntary Guidelines (Compensation Standards) utilized in pay discrimination compliance evaluations of federal contractors. The Compensation Standards essentially had applied one analytic approach to pay discrimination, regardless of industry, job type or other data specific to the federal contractor’s pay practices. Not surprisingly, the OFCCP claims that the narrowly defined "cookie cutter" compliance evaluation procedures imposed by the Compensation Standards impeded the OFCCP’s investigation efforts.

Department of Labor Issues Final Rule Amending FMLA Regulations in Accordance with 2010 Military Leave Amendments [Labor & Employment Alert]

March 01, 2013

On February 6, 2013, the Department of Labor (DOL), Wage and Hour Division, published a Final Rule amending the regulations for the Family and Medical Leave Act of 1993 (FMLA). The 2013 Final Rule sets forth new regulations implementing amendments made to the FMLA by the National Defense Authorization Act for Fiscal Year 2010 (NDAA FY 2010).

Avoiding a Saint Valentine's Day Massacre [Labor & Employment Alert]

February 14, 2013

Besides sending flowers or a card to your sweetheart on Valentine's Day, we like to remind our employer clients that a good way to show some love to your employees is by taking steps to protect them from workplace violence. But first, a little history.

Dropbox and the Impact of Personal Cloud Storage on ESI [The Legal Intelligencer]

January 29, 2013

We have all heard and read about the ubiquitous internet "cloud." But what exactly is the cloud? And what specifically does that mean for e-discovery?

Circuit Court Ruling that NLRB Recess Appointments were Constitutionally Invalid Calls into Question Enforceability of 2012 NLRB Decisions [Labor & Employment Alert]

January 28, 2013

On Friday, January 25, 2013, in Noel Canning v. NLRB, the D.C. Circuit Court of Appeals held that President Barack Obama's recess appointments to the National Labor Relations Board (NLRB) were constitutionally invalid, throwing into question the enforceability of all NLRB decisions issued by the Board since January 2012. The petitioner in the case argued that a February 8, 2012 NLRB order was invalid because three members of the five-member Board (Sharon Block, Terence F. Flynn and Richard F. Griffin) were improperly appointed as recess appointments.

Packing Heat in the Workplace [Houston Business Journal]

January 25, 2013

The devastating shootings at Sandy Hook Elementary in Newtown, Conn., beg the question: “What should employers do to protect the workplace?”

A Supplemental Whitepaper Addressing Sandy's Impact on Commercial and Residential Property Owners and Construction Companies [Cozen O'Connor Whitepaper]

January 23, 2013

This whitepaper provides an overview of construction related issues potentially raised by storm damage, including delay claims, areas of responsibility of municipalities and design professionals, environmental concerns and other topical matters.

Aiming to Please: Guns in the Workplace [Labor & Employment Alert]

January 17, 2013

What will you do when the CEO calls tomorrow morning and says, ''I just got a report that two of our employees are carrying loaded guns at work, or they have them in their cars in the employee parking lot?''

NLRB Overrules Anheuser-Busch: Witness Statements Now Subject to Disclosure [Labor & Employment Alert]

January 08, 2013

Last year, we notified you that the National Labor Relations Board will now consider a general employer rule requiring confidentiality during an internal investigation into an employee complaint to be an unfair labor practice. The Board has now taken things even further.

2012/2013 [Labor and Employment Observer]

January 01, 2013

We are pleased to provide you with our 2012/2013 Observer, which looks back at the developments in labor and employment law over the past year and forward to what employers can expect in 2013.

A Second Obama Administration's Impact on Labor and Employment Issues [Labor & Employment Alert]

November 13, 2012

With the re-election of Barack Obama and the prospect of continued political gridlock at the congressional level, the administration will likely turn to regulatory and administrative avenues in an effort to pursue workplace policy goals. The landscape is very different than it was just four short years ago.

The New Employee Wage Deduction Law in New York [Labor and Employment Alert]

September 18, 2012

Governor Andrew Cuomo (D-N.Y.) just made things a little easier for employers. Effective November 6, 2012, employers in New York will have greater flexibility when it comes to permissible deductions from employee wages.

Fluctuating Workweek Overtime Method Not Permissible Under Pennsylvania Law [Labor and Employment Alert]

September 13, 2012

Fluctuating Workweek Overtime Method Not Permissible Under Pennsylvania Law - Labor and Employment Alert - A federal court in Pennsylvania recently held that the "fluctuating workweek method" of calculating overtime compensation violates Pennsylvania’s Minimum Wage Act (PMWA), 34 Pa. Code. § 231.43(d)(3). See Foster v. Kraft Foods Global, Inc., No. 2:09-cv-00453 (W.D. Pa. Aug. 27, 2012).

Pennsylvania Adopts FLSA's 8/80 Overtime Rule for Health Care Industry Employers [Labor and Employment Alert]

August 13, 2012

Pennsylvania Adopts FLSA's 8/80 Overtime Rule for Health Care Industry Employers - Labor and Employment Alert - Pennsylvania has taken a major step toward making its overtime requirements for employers in the health care industry consistent with federal rules.

Third Circuit Establishes New Test for "Joint Employers" [Labor and Employment Alert]

July 02, 2012

Third Circuit Establishes New Test for "Joint Employers" - Labor and Employment Alert - A determination that a company is a “joint employer” can dramatically increase its potential exposure to liability under the Fair Labor Standards Act, because joint employers can be held responsible for each other’s violations of the law.

From Smoke-Free to Smoker-Free Workplaces [Law360]

January 24, 2012

From Smoke-Free to Smoker-Free Workplaces - Law360 -

Technology: The Power of Transparency [InsideCounsel]

January 12, 2012

Technology: The Power of Transparency - InsideCounsel - Cooperation. Collaboration. Transparency. These are not the concepts we think of when discussing our legal system.

The New ''New Jersey Trade Secrets Act'': What Employers, Human Resource Directors, and In-House Counsel Should Know [Labor & Employment Alert]

January 12, 2012

New Jersey has joined 46 other states in adopting a version of the Uniform Trade Secrets Act (UTSA). Signed into law by Governor Christie on January 9, 2012, the New Jersey Trade Secrets Act (the Act) became effective immediately. While the Act codifies a significant portion of the common law, it includes some important changes.

Deciphering the NLRB's Stance on Social Media Issues [New York Law Journal]

October 24, 2011

The National Labor Relations Act was enacted in 1935 to protect trade unionists from unfair labor practices by employers, and afford employees a greater ability to organize and collectively bargain. Social media entered the scene approximately 60 years later, when society (including the labor work force) recognized the ease and benefit of engaging in collective activity without ever leaving one's computer keyboard.

Postponement of Mandatory Poster for Union and Non-Union Employers Regarding Employee Rights Under NLRA [Labor and Employment Alert!]

October 06, 2011

Postponement of Mandatory Poster for Union and Non-Union Employers Regarding Employee Rights Under NLRA - Labor and Employment Alert! - In an August 30, 2011 ALERT, we advised you that the NLRB had promulgated a Final Rule requiring all employers subject to the National Labor Relations Act (NLRA) to conspicuously post an 11-inch-by-17-inch notice advising employees of their rights under the NLRA, including the right to organize a union, and providing contact information for the NLRB in the event that any of these rights are violated.

"Social Media in the Workplace Creates New Legal Risks" [Corporate Counsel]

September 16, 2011

"Social Media in the Workplace Creates New Legal Risks" - Corporate Counsel - Facebook, Twitter, and YouTube have forever changed how people communicate. Every little detail of people’s lives is now broadcast, tweeted, or blogged about on the Internet. The social media activities of employees have increasingly pushed the boundaries of lawful workplace behavior and created new legal challenges for employers seeking to control this new communication forum and minimize the legal risks to their organization.

Packing Heat in Parked Cars [Texas Lawyer]

September 12, 2011

Packing Heat in Parked Cars - Texas Lawyer - Effective Sept. 1, Texas employees can store weapons in their vehicles while at work. The new law specifically allows employees to store and have access to guns kept in privately owned vehicles parked on or in employer-provided parking areas. If in-house lawyers haven't done so already, now is the time to review company policies in light of the new law.

Mandatory Poster for Union and Non-Union Employers Regarding Employee Rights Under NLRA [Labor and Employment Alert!]

August 30, 2011

Mandatory Poster for Union and Non-Union Employers Regarding Employee Rights Under NLRA - Labor and Employment Alert! - Today’s Federal Register includes a Final Rule promulgated by the National Labor Relations Board (NLRB) requiring all employers subject to the National Labor Relations Act (NLRA) to conspicuously post an 11-inch-by-17-inch notice advising employees of their rights under the NLRA, including the right to organize a union, and providing contact information for the NLRB in the event that any of these rights are violated. The rule also requires that the notice be posted

Annie Get Your Gun ... and Bring it to Work [Labor and Employment Alert!]

July 19, 2011

Annie Get Your Gun ... and Bring it to Work - Labor and Employment Alert! - Texas Governor Rick Perry signed a bill into law that will limit an employer’s right to prohibit guns and ammunition in the workplace. While the law does not necessarily allow employees to carry firearms at work, it does allow employees to store, and have access to, firearms kept in privately owned vehicles that are parked on or in employer provided parking areas. Considering the fact that 461,724 Texas residents hold a concealed handgun license

Summer 2011 [Labor and Employment Observer]

July 01, 2011

Our Summer 2011 Labor and Employment Law Observer covers topics of interest to in-house counsel, human resources professionals and corporate management.