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Davis & Gilbert Promotes Shira Franco and Oriyan Gitig to Counsel - Press Release - 01/07/2013

Davis & Gilbert is pleased to announce that Shira Franco and Oriyan Gitig, have been elected Counsel effective January 1, 2013.

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Davis & Gilbert’s Advertising, Real Estate and Employment Law Practices Ranked in 2013 U.S. News – Best Lawyers “Best Law Firms” Rankings - Press Release - 11/08/2012

New York, NY, November 5, 2012 - Davis & Gilbert is pleased to announce that its Advertising, Marketing & Promotions Practice Group achieved a first tier ranking, once again, in the categories “National - Advertising Law” and “New York City - Advertising Law” in the 2013 “Best Law Firms” rankings by U.S. News Media Group and Best Lawyers. In addition, the Real Estate Practice Group was recognized for both the Nationwide (Tier 2) and New York City (Tier 1) categories. The firm was also recognized in the New York City category for “Employment Law – Individuals” (Tier 2).

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2012 New York Super Lawyers and Rising Stars-Metro Edition Honors Nine Davis & Gilbert Partners - Press Release - 10/02/2012

New York, NY, October 1, 2012 – Nine Davis & Gilbert partners have been selected to appear on the 2012 New York Super Lawyers and Rising Stars-Metro Edition list in the areas of First Amendment/Media/Advertising, Employment & Labor, Intellectual Property Litigation, Business Litigation and Real Estate. In addition, Neal H. Klausner and Gerald R. Uram were ranked as Top 100 New York Super Lawyers. These lawyers received the highest point totals in the New York Metro nomination, research and review process.

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Labor & Employment Alert >> New York State Wage Deductions Amendment Signed Into Law - Alert -  09/25/2012

By Gregg L. Brochin

On September 7, 2012, Governor Cuomo signed into law the bill amending the New York State Labor Law with respect to permitted deductions from wages.

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Best Lawyers Distinguishes Nine Davis & Gilbert Partners in the Areas of Advertising, Employment, Litigation, and Real Estate - Press Release - 09/19/2012

Davis & Gilbert is proud to announce that nine of the firm’s partners have been recognized in the 2013 edition of The Best Lawyers in America, the oldest and most venerable peer-review publication in the legal profession.

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Labor & Employment Alert >> NLRB Poster Rule Delayed - Alert -  04/23/2012

The District of Columbia Circuit Court of Appeals has enjoined the National Labor Relations Board (NLRB) from implementing its posting requirement rule, which was scheduled to go into effect on April 30, 2012. The rule would have required employers, regardless of whether their workforce is unionized, to post a notice of employees’ rights under the National Labor Relations Act (NLRA).

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PRWeek: Overtime Laws: A Growing Concern For PR Agencies - Published Article -  03/30/2012

By Michael C. Lasky

Companies, including many PR firms, think they are not required to pay overtime to employees who have college degrees and who receive annual salaries. Think again. Under federal law, a company is not required to pay overtime only if the employee’s job duties and salary satisfy a specific exemption in the law. The mere fact an employee has a college degree, or, for that matter, any educational training, does not, by itself, satisfy an exemption.

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Labor & Employment Alert >> Court Upholds NLRB Posting Rule - Alert -  03/14/2012

On March 2, a federal court in the District of Columbia held that the National Labor Relations Board (NLRB) does have the authority to issue a rule requiring that employers post a notice of employees’ rights under the National Labor Relations Act and that this rule does not violate the employers' constitutional rights.

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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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