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HotelNewsNow.com // 5 Things to Know - Press Mention - 03/01/2012

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Labor & Employment Newsletter >> Winter 2012  - Newsletter -  02/09/2012

The beginning of the year is always a good time for employers to review new laws and developments that may have an impact on their operations. In this issue, we report on a new National Labor Relations Board (NLRB) posting rule, as well as recent NLRB decisions concerning employee use of social media. We also summarize several new state employment laws.

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Labor & Employment Alert >> California DLSE Releases Form WTPA Notice And FAQs - Alert -  01/13/2012

The California Division of Labor Standards Enforcement (DLSE) has published a sample wage notice just days prior to the January 1, 2012 effective date of the California Wage Theft Prevention Act (WTPA).

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Labor & Employment Alert >> California Enacts Its Own Wage Theft Prevention Act - Alert -  11/30/2011

California has recently enacted a law called the Wage Theft Prevention Act (WTPA), which goes into effect on January 1, 2012. The California WTPA, which is in many ways similar to a law recently enacted by New York, increases employer obligations to provide information to employees regarding their pay. The California WTPA also adds and increases a number of California Labor Code penalties.

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PRWeek: Interns: Potential Costs Of This Unpaid Workforce - Published Article -  10/28/2011

By: Michael C. Lasky

What do AT&T, IBM, the Cleveland Indi-ans, and more than 800 other employers have in common? At present, they are all openly seeking unpaid interns on Craigslist and Monster. Unpaid interns allow companies to keep costs down while continuing to provide high-quality services and products to customers and clients – all in an economic climate where employers are looking to reduce expenses. Given that the nation’s unem-ployment rate is hovering around 9%, there is a large pool of candidates willing to take unpaid internships to demonstrate their considerable skills and experi-ence in the hopes of a paid position at the company or elsewhere.

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Labor & Employment Newsletter >> Summer 2011 - Newsletter -  07/11/2011

IN THIS NEWSLETTER: We report on recent developments in the area of paycheck deductions by employers, as well as the strict provisions of a law regarding independent contractor misclassification. We also discuss a new law that requires employers to provide paid leaves of absence for organ and bone marrow donation, and a new law that requires same-sex rights for bereavement leave.

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PRWeek: Protective Agreements: Don’t Let The Courts Define Things For You - Published Article -  06/24/2011

By: Michael C. Lasky

Many companies require employees to sign restrictive or protective covenants as a condition of employment. Some of these agreements impose confidentiality obligations on employees, while others impose post-employment obligations, including non-competition, non-soli- citation of clients and employees, and non-servicing of clients. These agreements provide peace of mind to companies so they can permit staffers to have unfettered access to confidential information without fearing that it will be used by departing employees for the benefit of a future employer.

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Labor & Employment Alert >> New ADA Regulations Highlight Law's Broad Scope - Alert -  06/07/2011

In March, the Equal Employment Opportunity Commission (EEOC) published the final regulations for the Americans with Disabilities Act Amendments Act (ADAAA), noting its intention “to implement fully the requirements of the ADAAA’s broader definition of ‘disability.’”

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Labor & Employment Alert >> DOL Releases Wage Theft Prevention Act Forms - Alert -  04/08/2011

The New York Wage Theft Prevention Act (WTPA), which was enacted in December 2010, goes into effect on April 9, 2011.  As a reminder, among other new employer obligations and penalties, the WTPA requires that employers provide to all of their employees written notice of their pay rate and pay dates, both at the time of hire and on or before February 1 of each year, and obtain signed acknowledgement of receipt of this notice from each employee.

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Financial Fraud Law Report: Strategic Responses to the Whistleblower Provisions of the Dodd-Frank Act - Published Article -  03/10/2011

By: Daniel A. Feinstein, Ralph W. Norton, David Fisher and Jason E. Pruzansky

Many blame the recent economic struggles of the United States on an increase in white-collar crime and the greed of various members of the business community. In an effort to address such concerns, and appease voters, the federal government has taken numerous actions intended to improve the current economic difficulties and prevent future economic disasters.

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Labor & Employment Alert >> New York Enacts Wage Theft Prevention Act - Alert -  12/20/2010

On December 13, Governor Paterson signed into law the Wage Theft Prevention Act (WTPA).  The act amends the New York Labor Law by increasing employer obligations to provide information to employees regarding their pay, both annually and with every payment of wages.

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Labor & Employment Alert >> NLRB Challenges Facebook Firing - Alert -  12/13/2010

On October 27, 2010, the Regional Director of the National Labor Relations Board’s (NLRB) Hartford, Connecticut field office issued a complaint (Complaint) alleging that an ambulance service, American Medical Response of Connecticut, Inc. (AMR), illegally terminated an employee who posted negative remarks about her supervisor on her own Facebook profile.

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Financial Management of a Marketing Firm: Avoiding Legal Pitfalls - Published Article -  11/23/2010

By: Michael C. Lasky, Anne DiGiovanni and Nordia Edwards

This chapter concentrates on the most common areas where legal disputes arise, covering copyright, trademark, social media, client contracts, and employment and HR issues.

Those in the business of providing marketing or communications services for clients generally place a high value on their talent pool—and for good reason: the creative work product generated by the company’s employees is essential to its success.

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Labor & Employment Alert >> New York Payday/Pay Rate Notice Law Requires Separate Form - Alert -  09/16/2010

A recent New York Department of Labor (NYDOL) opinion letter has taken the position that to satisfy the payday/pay rate notice requirements of the New York Labor Law, employers must provide the required notice in a stand-alone form.

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Labor & Employment Newsletter >> Summer 2010 - Newsletter -  06/21/2010

As summer approaches, many companies are hiring summer interns which can prove to be a gray area when it comes to payroll. We have included an article in this issue that reviews guidelines for paid and unpaid interns. Also included are two articles that provide advice and practice tips on protecting an employer from harassment and retaliation claims as well as addressing accommodations for nursing mothers.

 

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Labor & Employment Newsletter >> Spring 2010 - Newsletter -  04/26/2010

This issue highlights a key federal policy issue and an important new federal law. Also included are reminders and practical tips regarding employment contracts and addressing disability issues.

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Benefits & Compensation / Labor & Employment Alert >> GINA Requires Immediate Update To EEO Posters And Policies And Possible Revision Of Benefit Plans - Alert -  11/10/2009

Employers must immediately update EEOC posters and review EEO/unlawful harassment policies and group health plans to determine whether they must be revised. Timing is key for employers who are in or are about to begin 2010 enrollment for benefit plans.

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Labor & Employment Alert >> Employers Should Take Simple Preventative Measures To Reduce Exposure To H1N1 - Alert -  10/26/2009

Many businesses have already been impacted by the outbreak of the 2009 H1N1 influenza virus (also known as Swine Flu). The Centers for Disease Control (CDC) anticipates that this fall and winter, more communities may be affected than were in the spring and summer, with possibly wider transmission and greater impact.In addition,seasonal influenza viruses may cause illness at the same time as H1N1.However,despite the World Health Organization’s designation of a global pandemic, there is no need for employers, or employees, to panic.

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Labor & Employment Alert >> New York Requires Written Disclosure Of Pay Rates To New Hires - Alert -  09/18/2009

As of October 26, 2009, New York employers are required to inform all new employees in writing of their: (1) Regular hourly rate of pay (even where employee is not paid hourly); (2) Regular pay day; and (3) Overtime pay rate (for non-exempt employees).

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Labor & Employment Alert >> Department of Homeland Security Delays Implementation of E-Verify Requirements - Alert -  02/02/2009

On January 29, 2009, the Department of Homeland Security announced that federal contractors and subcontractors will not be required to begin using the E-Verify system until May 21, 2009.

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Labor & Employment Newsletter >> Winter 2008/2009 - Newsletter -  12/18/2008

New Regulations Clarify FMLA, New York Enacts State WARN Act, New Jersey Passes Paid Family Leave Law, E-Verify Requirements for Certain, Government Contractors ADA Amendment Broadens, Definition of “Disability”, D&G Breakfast Seminar Series, Calendar of Events, D&G Labor & Employment, Practice Group Contacts

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Labor & Employment Alert >> New York's Highest Court Permits Deductions of Business Costs in Calculating Commissions - Alert -  06/17/2008

In Pachter v. Bernard Hodes Group, the Court of Appeals, New York’s highest court, clarified last Tuesday that parties may establish, by agreement, how commissions are calculated and when they are “earned” for purposes of Article 6 of the New York Labor Law. 

Howard Rubin, Allie Lin, Laurie Morrison, and Peggy Chen

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Labor & Employment Alert >> NY Court Enforces Restrictive Covenant and Liquidated Damages - Alert -  06/16/2008

Although restrictive covenant litigation has become more common in recent years, appellate court decisions that shed light on the parameters of enforceable restrictive covenants are few and far between.  In a decision that should guide lower court judges in addressing restrictive covenant cases filed in Manhattan, the NY Appellate Division, First Department, in Weiser LLP v. Coopersmith recently overturned a lower court decision that had found a covenant not to compete to be unenforceable.  The facts and decisions in the case are illustrative of the Appellate Division’s position regarding restrictive covenants.

Daniel Feinstein and Gregg Brochin

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The Metropolitan Corporate Counsel: Know Your Rights: Recent Developments in Employment Law Have Far-Reaching Impact - Published Article -  05/01/2008

By: Gregg A. Gilman and Gregg Brochin

Over the last several months, there have been several important employment law developments. The following are general summaries of some of these developments. Readers are advised to contact employment counsel for a more comprehensive review of the topics discussed below.

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Labor & Employment Newsletter >> Winter 2008 - Newsletter -  01/01/2008

With the campaign for the White House in high gear, and the war in Iraq and homeland security hot topics, this issue highlights important changes regarding employment verification, and military servicemembers and their families.  Inside are brief summaries of important legal updates and new laws of note.  And as the newsletter's title suggests, our summaries include commentary on the way we see it.

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Labor & Employment Newsletter >> Fall 2007 - Newsletter -  11/01/2007

By: Gregg A. Gilman, Howard J. Rubin, Daniel Feinstein, Corey Biller, Gregg Brochin, Jessica Cortes, Sara Robbin, Heath Rosenthal

We know many of our clients and friends are still burrowing through stacks of material that piled high on their desks while they were off enjoying the final days of summer. To make life easy, and because some recent developments in employment law may not have made it to your summer reading list, we thought we would provide a brief update of the news we tracked and highlight the way we see it.

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Employee Relations Law Journal: Will Garden Leaves Blossom in the States? - Published Article -  10/01/2007

By: Howard J. Rubin and Gregg A. Gilman

The authors believe that the trend toward incorporating garden leave provisions in policies and agreements will likely continue as employers seek to protect their confi dential information, customer relationships, and other valuable assets. Moreover, they suggest, it is likely that employers—and employees—will begin to test them in the courts in the near future.

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The Metropolitan Corporate Counsel: Employment Law News: A Recap Of Recent, Notable Developments - Published Article -  10/01/2007

By: Gregg A. Gilman and Gregg Brochin

Over the last several months, there have been several important employment law developments. The following are general summaries of some of these developments. Readers are advised to contact employment counsel for a more comprehensive review of the topics discussed below.

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The Metropolitan Corporate Counsel: Who’s On The Move? Protect The Assets That Ride Up And Down In Your Elevator - Published Article -  09/01/2007

Interview with: Michael C. Lasky

Editor: Mr. Lasky, would you tell our readers something about your responsibilities at Davis & Gilbert?

Lasky: I co-chair Davis & Gilbert’s Litigation Department. I also oversee the pro bono activities of the firm and am a member of the firm’s management committee.

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The Metropolitan Corporate Counsel: Communicating With Employees Or Former Employees Of A Represented Party - Published Article -  08/01/2007

By: Neal H. Klausner and Ariel Stillman

Can an attorney for a corporation’s adversary in litigation contact and interview a former employee who was actively involved in the litigation strategy when he or she was employed by the corporation? The New York Court of Appeals recently held that such ex parte contacts are permitted, so long as the attorney takes certain steps to ensure that the former employee does not disclose privileged or confidential information.

 

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Human Resources 2007: Restrictive Covenants And Other Techniques to Protect Customer Relationships - Published Article -  05/01/2007

By: Michael C. Lasky and Jessica Golden Cortes

In our information-driven, service-economy society, employers are constantly searching for new ways to remain at, or be propelled to, the forefront of their respective industries. A core ingredient in achieving this goal is to continuously build a loyal customer base. To do so, employers must attract and retain key employees, who are responsible for building and nurturing these fundamental customer relationships. But how can an employer adequately protect its relationships with customers when key employees inevitably leave the company.

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The Metropolitan Corporate Counsel: Employment Roundtable: Updates In Discrimination Law - Published Article -  11/01/2006

By: Michael C. Lasky and Daniel A. Feinstein

In this roundtable, we discuss two recent New York decisions that expanded
the scope of the state’s discrimination law. The first decision involves the application of New York State’s discrimination law to employees who are working outside the United States, but who report to supervisors based in New York. This matter has broad implications for multi-national corporations with offices in New York. In the second decision, a state court held that a transgendered individual is protected under New York State’s discrimination law on the grounds that it constitutes discrimination based on sex. Our third topic relates to the taxation of non-physical damage awards in employment discrimination cases. In a decision that is likely to have a significant impact on negotiations to settle discrimination claims brought by employees against their employers, the U.S. Court of Appeals for the District of Columbia Circuit held that the taxation of damage awards for nonphysical
injuries is unconstitutional.

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The Metropolitan Corporate Counsel: Employers Considering Reductions In Force May Need To Reexamine Waiver Disclosures - Published Article -  11/01/2005

By: Gregg A. Gilman and Corey S. Biller

It is common practice for employers engaging in a reduction in force (“RIF”) to condition receiving severance benefits on the signing of a release. A recent Tenth Circuit decision has imposed a requirement that may call into question the validity of releases under the Age Discrimination in Employment Act (the “ADEA”). If your company does not include selection criteria for a program-wide downsizing in its disclosures to affected employees, your waiver may be ineffective with respect to claims under the ADEA.



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