Recent discrimination lawsuits filed by former employees against Facebook and Twitter, serve as a reminder of the importance of having robust sexual harassment and equal employment opportunity policies in place. In Chia Hong v. Facebook, Inc., et al., which was filed on March 16, 2015 in the Superior Court of California in and for San Mateo County, former Facebook employee Chia Hong, who is Taiwanese, alleges that during her employment at Facebook she was discriminated against and harassed on the basis of her gender, race and nationality in violation of the California Fair ...
One day before the U.S. Department of Labor’s Family & Medical Leave Act (“FMLA”) same-sex spouse final rule took effect on March 27, 2015, the U.S. District Court for the Northern District of Texas ordered a preliminary injunction in Texas v. U.S., staying the application of the Final Rule for the states of Texas, Arkansas, Louisiana, and Nebraska. This ruling directly impacts employers within the technology, media, and telecommunications industries who are located or have employees living in these four states.
Background
In United States v. Windsor, the U.S. Supreme Court ...
My colleagues Steven M. Swirsky and Adam C. Abrahms published a Management Memo blog post that will be of interest to many of our readers: “NLRB Issues Critical Guidance on Employer Handbooks, Rules and Policies Including “Approved” Language.”
Following is an excerpt:
On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued General Counsel Memorandum GC 15-04 containing extensive guidance as to the General Counsel’s views as to what types employer polices and rules, in handbooks and otherwise, will be considered by the NLRB investigators and ...
My colleague Steven M. Swirsky published “Teamsters and Technology II – Labor’s “Silicon Valley Rising” Campaign” which is a follow-up to “Teamsters and Technology: Developing Labor Issues for Technology Industry Employers.” Both blog posts are published on Epstein Becker Green’s Management Memo and we think the topic is timely and of particular interest to Technology Employment Law subscribers:
Following is an excerpt:
Last week we reported on the fact that Teamsters Local 853 and Loop Transportation had completed negotiations for a first collective ...
Our colleague Valerie Butera recently authored Epstein Becker Green’s March issue of Take 5 in which she outlines actionable steps that employers can take to improve safety in the workplace and avoid costly OSHA citations.
Following is an excerpt:
The Occupational Safety and Health Administration (“OSHA”) was created by Congress to ensure safe and healthful working conditions for employees. OSHA establishes standards and provides training and compliance assistance. It also enforces its standards with investigations and citations.
Although it’s impossible for ...
Our colleagues Steven M. Swirsky and Daniel J. Green at Epstein Becker Green published an article on Management Memo that will be of interest to our Technology Employment Law subscribers: “Teamsters and Technology: Developing Labor Issues for Technology Industry Employers.”
Following is an excerpt:
Employers in the Technology Media and Telecommunications (“TMT”) industries have generally not thought that union organizing was an issue that affected their businesses and workforces. Recent developments suggest that this is no longer the case.
These industries have ...
Virginia has now joined the chorus of jurisdictions that ban social media snooping by employers. As we previously reported here and here, in a growing trend a number of states prohibit employers from requiring prospective or current employees to provide access to their social media accounts during the hiring process. On March 7, 2015, the Virginia legislature passed H. 2081, a law prohibiting employers from asking or requiring employees or applicants (1) to disclose the username and password to their social media accounts, and (2) to add an employer to the list of contacts ...
No software company wants to lose its best programmer for an extended period. But employers should take heed of the recent decision by the District of Columbia Circuit Court of Appeals when considering employee requests for leave under the Family and Medical Leave Act. In Gordon v. United States Capitol Police, No. 13-5072 (D.C. Cir. Feb. 20, 2015), the D.C. Circuit held that an employer who discourages an employee from taking FMLA leave may be liable for an interference claim, even if that discouragement was “ineffective.” In other words, don’t bully, discourage, or make ...
Our colleagues Adam C. Solander, August Emil Huelle, Stuart M. Gerson, René Y. Quashie, Amy F. Lerman, Frank C. Morris, Jr., Kevin J. Ryan, and Griffin W. Mulcahey contributed to Epstein Becker Green’s recent issue of Take 5 newsletter. In this special edition, we address important health care issues confronting technology, media, and communications employers:
Robert S. Groban, Jr. and the Immigration Law Group of Epstein Becker Green recently issued an alert that will be of interest to technology, media, and telecommunications employers.
On February 24, 2015, the Department of Homeland Security (DHS) issued a final rule that extends eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. H-4 spouses who fit the eligibility criteria will be able to apply for employment authorization starting on May 26, 2015.
Read the ...
On February 18, 2015, the U.S. Architectural and Transportation Barriers Compliance Board (the “Access Board”) announced the release of its Notice of Proposed Rule Making (“NPRM”), refreshing and revising the existing accessibility requirements under Section 508 of the Rehabilitation Act of 1973 (“508 Standards”) and Section 255 of the Communications Act of 1934 (the “255 Guidelines”), and merging them into a single rulemaking intended to support the accessibility of Information and Communications Technology (“ICT”) for individuals with ...
Michelle Capezza of Epstein Becker & Green recently returned from the TechAmerica DC Fly-in held February 10th and 11th in Washington, D.C., a Tech Policy Summit that brought together members of technology councils, business leaders and academicians from across the country to discuss various policies and legislation impacting today’s technology companies and our economy. As a member of the New Jersey Technology Council and an NJTC Ambassador, Michelle joined the NJTC delegation for this summit which included James Barrood (President and CEO-NJTC), Karen Lisnyj (Government ...
We were recently interviewed in Corporate Counsel, in “Employment Law Risks Abound for Startup Companies,” by Rebekah Mintzer. (Read the full version — subscription required.)
Following is an excerpt:
“We think they should be focused on it from day one,” Ian Carleton Schaefer, a member in Epstein Becker & Green’s labor and employment practice and co-leader of the firm’s technology, media and telecommunications strategic industry group, told CorpCounsel.com. “Oftentimes it takes a triggering event, whether it’s a lawsuit or a government audit to get ...
Corporations incorporated in Delaware, regardless of whether they are domiciled in Delaware, should take note of a new Delaware law that went into effect on January 1, 2015 regarding the destruction of unencrypted personal identifying information concerning employees. Under the new Safe Destruction of Records Containing Personal Identifying Information law (19 Del. C. § 736), employers are required to take “reasonable steps to destroy or arrange for the destruction” of unencrypted records containing employees’ “personal identifying information.” Upon passing ...
Our colleague Mollie K. O’Brien at Epstein Becker Green wrote an advisory on a new law that will increase the protection of personal information under HIPPA by mandating encryption on all computerized data collected by health insurance carriers: “Beyond HIPAA: New Jersey Law Requires Encryption of Personal Data by Health Insurance Carriers.” Following is an excerpt:
In response to data breaches that have occurred across the United States, several of which involved the theft of laptop computers, beginning August 1, 2015, health insurance carriers in New Jersey will be ...
In light of the many high profile cyber-attacks on businesses this past year, employers should assess their vulnerability relative to data breaches and take steps to protect themselves from hackers as well as more innocuous business practices that could result in data breaches. Businesses that handle protected health information are regulated under HIPAA to adopt administrative, technical, and physical safeguards to protect the confidentiality of this information. However, various state and federal laws place duties upon employers to protect non-HIPAA-covered sensitive ...
On January 21, 2015 at The Standard, Highline, New York, New York, members of Epstein Becker Green’s Technology, Media & Telecommunications Strategic Industry Group, Stout Risius Ross (SRR), Axial and the New York State Innovation Venture Capital Fund led an informative roundtable discussion regarding “Moving to the Next Level: Valuation & Financing Considerations and Employment Strategies for Start-Ups and Emerging Technology Companies.” This two-part discussion addressed how to take a company to the next level from a financial and valuation perspective, and ...
Our colleague Joshua A. Stein authored Epstein Becker Green’s recent issue of its Take 5 newsletter. In this special edition, Josh focuses on the 25thAnniversary of the ADA and recent developments and future trends under Title III of the ADA.
- Website Accessibility
- Accessible Point-of-Sale Devices and Other Touchscreen Technology
- Movie Theater Captioning & Audio (Narrative) Description
- The Availability of Sign Language Interpreters at Health Care Facilities
- “Drive By” Design/Construction Lawsuits
Executives from companies with technology components and interests often ask if, and when, meaningful changes will be made to the U.S. immigration laws that apply to high-skilled foreign workers, and in particular, to the much discussed H-1B visa program. While the enactment of such reform is uncertain at the present time, recent developments in the new year suggest that change may be on the way.
Legislators have renewed efforts in this new session of Congress to significantly expand laws for guest-workers in the technology industry against the backdrop of the ...
The common denominator for all start-ups - whether your start-up has $50 or $500 million in its coffers - is its people. As they grow beyond founders, each start-up and emerging technology company will welcome new faces into the organization to deliver on its business plan. Whether they are new partners, employees, freelancers, consultants or otherwise – it is the human capital engine that often dictates the success or failure of an otherwise brilliant idea.
While welcoming like-minded, passionate people into one’s organization can be source of immense pride for founders, it ...
- H-1B Nonimmigrant Season Opens on April 1, 2015, for Fiscal Year 2016
- President Obama Issues Executive Order on Immigration
- States Sue to Enjoin the Executive Order
- Federal Court in the District of Columbia Allows Worker Challenge to OPT Program
- DOS Issues New J-1 Rules for 2015
- DOS Issues January 2015 Visa Bulletin
Our colleague August Emil Huelle at Epstein Becker Green has an Employee Benefits Insight Blog post that will be of interest to many of our readers: “Legislation Introduced to Change Full-Time Employee Definition under the Affordable Care Act.”
Following is an excerpt:
On January 7, 2015, U.S. Senators Susan Collins (R-ME) and Joe Donnelly (D–IN) along with Lisa Murkowski (R-AK) and Joe Manchin (D-WV) introduced the Forty Hours is Full Time Act, legislation that would amend the definition of a “full-time employee” under the Affordable Care Act to an employee who works an ...
While the use of wellness programs may be desirable to help save health plan costs and improve employee health, care should be taken to ensure that the program is designed to comply with all applicable laws.
In addition, prior to implementation, the composition of the workforce and potential for adverse impacts against different multigenerational members should be evaluated in order to determine whether the intended program is worthwhile.
I discuss this in my article “Wellness Programs in a Multigenerational Workplace,” in Confero magazine.
Following is an excerpt:
Our colleagues Michael Kun and Jeffrey Ruzal at Epstein Becker Green have a Wage & Hour Defense Blog post that will be of interest to many of our readers: “Unusual Wage Payment Issue in 2015 for Many Employers: 27 Bi-Weekly Pay Periods, Not 26.”
Following is an excerpt:
There is an unusual wage issue for 2015 that will affect many employers that pay exempt employees on a bi-weekly basis (rather than weekly, semi-monthly or monthly).
It is an issue that may have both financial and legal repercussions.
And it is an issue we suspect many employers had not noticed or considered.
With 52 weeks ...
Our colleague Steven Swirsky at Epstein Becker Green wrote an advisory on an NLRB ruling that affects all employers: "NLRB Holds That Employees Have the Right to Use Company Email Systems for Union Organizing - Union and Non-Union Employers Are All Affected." Following is an excerpt:
In its Purple Communications, Inc., decision, the National Labor Relations Board (“NLRB” or “Board”) has ruled that “employee use of email for statutorily protected communications on nonworking time must presumptively be permitted” by employers that provide employees with access to ...
Regarding the Supreme Court’s Integrity Staffing Solutions v. Busk opinion, issued today, our colleague Michael Kun at Epstein Becker Green has posted “Supreme Court Holds That Time Spent in Security Screening Is Not Compensable Time” on one of our sister blogs, Wage & Hour Defense.
Following is an excerpt:
In order to prevent employee theft, some employers require their employees to undergo security screenings before leaving the employers’ facilities. That is particularly so with employers involved in manufacturing and retail sales, who must be concerned with ...
Technology, media, and telecommunication employers doing business in New York City should take note of a new ordinance Mayor Bill de Blasio signed into law on October 20, 2014 – The Affordable Transit Act.
The Affordable Transit Act (the “Act”) requires employers in New York City with 20 or more full-time employees to offer pre-tax transit benefits to employees. The Act allows employees to use up to $130 in tax free money towards their transit costs, which is the current IRS limit. Full-time employees are defined as employees working an average of 30 hours or more per week.
By Steven C. Sheinberg, General Counsel of the Anti-Defamation League & Guest TMT blogger.*
A recent McKinsey report on twelve “disruptive” technologies included four that will fundamentally transform how employers relate to their employees: mobile Internet, automation of knowledge work, the Internet of things and cloud computing. I would add to the list three results of these technologies: big-data, cybercrime and privacy.
From an employment law perspective, the common element here is data – data that flows to, is stored by, and is used (or misused) by employers, third ...
In this month's Take 5 newsletter, I share my thoughts regarding five important issues that TMT companies should consider as they shape their employee benefits programs. Below is an excerpt:
The workplace that we know today is rapidly changing. Competition for highly skilled workers is fierce, employees have become more mobile (due, in part, to alternative work arrangements or outsourcing), and there are often several generations of employees working alongside one another with different workplace approaches and perspectives. Developing employee benefit and compensation ...
Companies who utilize cloud vendors to store their data on cloud-based applications should be advised: failing to understand the application’s storage and retrieval capabilities, and failing to preserve such data during litigation could lead to sanctions for both the company and its counsel. That’s the lesson to be learned from a recent case in the Southern District of Ohio, one of the first of its kind to directly address the intersection between the cloud and its impact on litigation strategy.
In Brown v. Tellermate Holdings, Ltd., Case No. 2:11-cv-1122, 2014 U.S. Dist. LEXIS ...
by Michael Kun
We’re very pleased to announce that a brand-new version of our free, first-of-its-kind app, the Wage & Hour Guide for Employers, is now available for Apple, Android, and BlackBerry devices. The new app takes advantage of a software-as-a-service programming platform developed by Panvista Mobile.
Our newest version of the app is not only available to users of a variety of devices, but it offers simpler, faster, and more useful ways for employers to locate wage and hour information at the touch of a fingertip. As new issues are constantly emerging in this area, we’re ...
Our Epstein Becker Green colleagues have released a new Take 5 newsletter: “Five ACA Issues that Employers Should Be Following” by David W. Garland, Adam C. Solander, and Brandon C. Ge. Below is an excerpt:
Employers have about three months to finalize their employer mandate compliance plans under the Affordable Care Act (“ACA”). While most employers are in the final stages of planning, this month’s Take 5 will address five ACA issues that employers should be aware of as they move forward:
- ACA-related litigation
- Employer mandate reporting
- Section 510 liability
By Ian Carleton Schaefer, Meg Thering and Gregg Settembrino[1]
The unrelenting wave of wage and hour suits continues to roll through the high-tech industry.
On July 21, 2014, in Felczer v. Apple Inc., Judge Ronald S. Prager of the Superior Court of California granted class certification as to a class of approximately 21,000 current and former Apple retail and corporate employees on claims alleging Apple failed to provide timely meal and rest breaks as required under California Law. The California Labor Code, with a few exceptions, requires employers to provide non-exempt employees ...
By Michelle Capezza, Ian Carleton Schaefer, and Arthur O’Brien (upSKILL Project Manager, NJIT)
The New Jersey Technology Council (NJTC) is a not-for-profit, trade association which focuses on connecting decision-makers and thought-leaders from technology and technology support companies through access to financing opportunities, networking, and business support. Through its programs, the NJTC provides timely business information to help its members grow and succeed and provides forums for member companies to work together to advance New Jersey’s, and the ...
By: Christopher M. Farella, Jennifer L. Nutter, and Margaret C. Thering
Whitney Wolfe, former marketing vice president and co-founder of the company responsible for the popular mobile dating app, Tinder®, recently filed suit in California state court alleging sexual harassment and discrimination surrounding her experience and eventual departure from the company. Tinder Inc.'s parent companies, IAC and Match.com, are also named as defendants. While the complaint is only one side of the story, the exhibits attached to the complaint, which contain text messages between ...
On Epstein Becker Green’s OSHA Law Update blog, Eric Conn reviews the agreement between the NLRB and OSHA, which allows employees to file out-of-date safety related whistleblower claims to be filed with the NLRB.
Following is an excerpt from the blog post:
On May 21, 2014, the National Labor Relations Board (NLRB) published a memorandum discussing a new agreement between NLRB and OSHA regarding a backdoor route for employees to file safety related whistleblower claims that are too stale to be filed with OSHA. The NLRB memo directs OSHA representatives to “notify all complainants ...
Our colleague Stuart Gerson of Epstein Becker Green has a new post on the Supreme Court’s recent decisions: “Divided Supreme Court Issues Decisions on Harris and Hobby Lobby.”
Following is an excerpt:
As expected, the last day of the Supreme Court’s term proved to be an incendiary one with the recent spirit of Court unanimity broken by two 5-4 decisions in highly-controversial cases. The media and various interest groups already are reporting the results and, as often is the case in cause-oriented litigation, they are not entirely accurate in their analyses of either ...
By Marisa S. Ratinoff and Amy B. Messigian
One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. In California, the seminal case of Gentry v. Superior Court (“Gentry”) has had the practical effect of invalidating class action waivers in employment arbitration agreements since 2007. Gentry held that an employment class action waiver was unenforceable as a matter of California public policy if the class action waiver would “undermine the ...
By Meg Thering
On May 27, 2014, employees of high-tech firms in the Silicon Valley filed a motion in the Northern District of California seeking approval of a settlement agreement releasing antitrust claims they had brought against Adobe Systems, Incorporated, Apple Inc., Google, Inc., and Intel Corporation. In the complaint, the plaintiffs alleged that the defendants had agreed to refrain from hiring each other’s employees in an effort to drive down compensation levels in the Silicon Valley. Specifically, the complaint alleged that Defendants entered into “illegal ...
I recently authored an article in TechLifeSciNews: "Considerations for Technology Companies to Attract, Motivate and Retain Key Talent."
The following is an excerpt:
As technology companies innovate and grow, the need for knowledgeable, experienced employees increases along with the competition for the most highly-skilled workers. As a result of the competitive marketplace (as highlighted by the recent high-tech employee antitrust/anti-poaching class-action lawsuit settlement involving technology giants), one of the biggest challenges facing ...
Our colleagues in the Immigration Law Group at Epstein Becker Green (Robert Groban Jr., Pierre Georges Bonnefil, Patrick Brady, Jang Hyuk Im, and Greta Ravitsky) have prepared a client alert regarding two rules that the Department of Homeland Security proposed on May 12, 2014. If enacted, these rules would help the United States to attract and retain highly skilled workers. Topics include:
- DHS Proposes to Issue Employment Authorization to Certain H-4 Spouses
- DHS Proposes to Enhance Flexibility for Highly Skilled Specialty Occupation Professionals
Do start-up tech companies need an HR professional or employment counsel from the start? A recent highly publicized incident involving a former GitHub Inc. employee suggests the answer is yes.
Earlier this month, a GitHub employee quit her job and immediately took to Twitter, tweeting multiple complaints accusing the company of illegal gender-based discrimination. News outlets picked up on these tweets, and the story spread quickly. The former employee also gave an interview with TechCrunch, the information technology website, further outlining her ...
The newest issue of Take 5 is online, featuring contributions from Michelle Capezza, Nancy Gunzenhauser, Marshall Jackson Jr., Brandon Ge, Gregg Settembrino, and myself, colleagues in our firm’s Technology, Media, and Telecommunications (TMT) Strategic Industry Group.
In this issue, we cover employment issues in “The Cloud”:
- Solving Rainy Day Problems While It's Only Partly Cloudy: Wage and Hour Concerns
- PHI in the Cloud: HIPAA, Data Privacy, and Data Security
- The Cloud, the Evolving Role of the CIO, and the Increasing Importance of Attracting ...
As a member of the New Jersey Technology Council and an NJTC Ambassador, I participated in the TechVoice D.C. Fly-in held February 11 through 12 in Washington, D.C. on Capitol Hill. This Tech Policy Summit was sponsored by TechVoice, CompTIA and TECNA which brought together delegations from nation-wide State technology councils and organizations, technology industry business leaders, and academicians (the “Advocates”), as well as members of the U.S. Congress (House and Senate) and their staff to discuss various policies and legislation impacting today’s technology ...
In a complimentary webinar on February 20 (1:00 p.m. ET), our colleagues Frank C. Morris, Jr., and Adam C. Solander will review the ongoing impact of the Affordable Care Act (ACA) on employers and their group health plans.
The Treasury Department and the Internal Revenue Service recently issued highly anticipated final regulations implementing the employer shared responsibility provisions of the ACA, also known as the employer mandate. The rules make several important changes in response to comments on the original proposed regulations issued in December 2012 and provide ...
By Anna A. Cohen and Nancy L. Gunzenhauser
As an increasing number of employers use social media to screen prospective employees and to monitor the activities of current employees, several states have enacted social media privacy laws, including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, Utah and Washington. Oregon joins those states in 2014.
Oregon’s new law is highly protective of employee and applicant privacy. Employers in Oregon are prohibited from requesting that an employee or applicant disclose a username or ...
Robert Groban and the Immigration Law Group of Epstein Becker Green recently issued an alert that will be of interest to employers. Following are the main topic headings:
- H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015
- H-1B Petition Amendments May Be Required Due to Changed Job Location
- DOL's Administrative Review Board Applies "Bona Fide Termination" Rule to E-3 Worker
- Infosys Pays Record $34 Million in Settlement
- New York Federal District Court Awards Undocumented Immigrants FLSA Damages
- California Passes "Immigrant Friendly" Legislation
- OCAHO Provides ...
Our colleague Frank C. Morris, Jr., at Epstein Becker Green wrote the December issue of Take 5, with five key action items for employers in 2014. Following is an excerpt:
It’s December, and human resources professionals and law departments are reflecting on the issues addressed in 2013 and giving thanks for incident-free holiday parties. But the big question is this: What issues should get priority attention for 2014 as part of a proactive approach to workplace issues and limiting potential employment and labor law claims? This month’s Take 5 provides a “Top 5″ list of action ...
By Nancy L. Gunzenhauser and Ian Carleton Schaefer
How can an employee of a national employer not “work” where her employer works? How can such an employee not be subject to suit in the corporation’s backyard?
According to a recent New Jersey state court decision, a technology consultant for a New Jersey corporation who worked in Illinois and provided no services to New Jersey based clients could not be subject to suit in New Jersey. This decision is instructive for technology companies with a significant national workforce (particularly if they leverage remote/agile workers ...
By Nancy L. Gunzenhauser and Jeffrey M. Landes
It’s performance review season…meaning reports of various performance review systems are making headlines for employers. In a recent survey by OnForce, former technology employees turned-independent contractors stated that performance reviews were one of the least missed aspects of working as employees, only behind commuting. Performance reviews come in various types, with some causing more controversy than others. One of the most controversial types of performance review systems is the bell-curve (aka “forced” or ...
I recently coauthored a Client Alert, “IRS Chips Away at the FSA 'Use-or-Lose' Rule” with Jeffrey Lieberman, one of my colleagues in the Employee Benefits practice at Epstein Becker Green.
The following is an excerpt:
Under new guidance issued by the Treasury Department and Internal Revenue Service, Section 125 cafeteria plans can be, but are not required to be, amended to allow up to a maximum of $500 of unused amounts remaining at the end of a plan year in a participant’s health flexible spending account to be carried over to the next plan year and used to reimburse the plan ...
I recently coauthored an article in TechLifeSciNews, "The Affordable Care Act: Technology Companies Must Continue Compliance Efforts," with Gretchen Harders, one of my colleagues in the Employee Benefits practice at Epstein Becker Green.
Following is an excerpt:
Technology companies are in the unique position of developing new products and technologies for the healthcare industry, while at the same time acting in the role of employer subject to the healthcare reform mandates under the Patient Protection and Affordable Care Act of 2010, as amended ("ACA"). Whether the company ...
By Michelle Capezza
The New Jersey Technology Council (NJTC) is a not-for-profit, trade association which focuses on connecting decision-makers and thought-leaders from technology and technology support companies through access to financing opportunities, networking, and business support. Through its programs, the NJTC provides timely business information to help its members grow and succeed and provides forums for member companies to work together to advance New Jersey’s, and the region’s, status as a leading technology center.
At NJTC’s Annual Meeting held in ...
In February 2013, the Justice Department announced a federal trade secret enforcement initiative that rested in large part on encouraging American businesses to adopt best practices in the area and diligent pursuit of civil remedies, and on parallel criminal law enforcement. As noted in the initiative outline, "The Department of Justice has made the investigation and prosecution of corporate and state sponsored trade secret theft a top priority."
Over the last ten days, events unfolded in New Jersey that showed this new policy initiative to be one involving real ...
The New Jersey Legislature was overwhelmingly in favor of a measure that would have barred employers from obtaining social media IDs and other social media related information from employees and applicants. Click here for A2878 as passed. But Governor Chris Christie vetoed A-2878 because it would frustrate a business’s ability “to safeguard its business assets and proprietary information” and potentially conflict with regulatory requirements on businesses in regulated industries such as finance and healthcare. Click here for the Governor’s Veto ...
By Gretchen Harders and Michelle Capezza
On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) providing important guidance under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the “Affordable Care Act”) with regard to the requirement that employers provide notices to their employees of the existence of the Health Insurance Marketplace, generally referred to previously as the Exchange. These ...
I recently read Sheryl Sandberg’s Lean In, which includes a call to action for men and women to end gender bias in the workplace. Yet, Lean In is not only a discussion about gender bias and stereotypes, women being held back or holding back themselves but, it’s a call to action as a society to work together toward equality. A common question that has followed for many who have read the book is where do we begin; how can we move forward as a society to address the issues that face all of us in the workplace, men and women of all races, cultures, ages, and religious ...
Jonathan Blitt, CEO and Co-Founder of aText, Incorporated, has over 24 years of experience in the application of high technology in industries ranging from software, telecommunications, and network infrastructure and is an expert in the application of multimedia technology to a myriad of operations. In this interview, Mr. Blitt provides his insights into the benefits of leveraging legacy technologies and leading with passion:
What is the mission and vision of aText, Incorporated? On one level, the mission of aText is to take an intimate , interactive, and immediate legacy form of ...
From our colleague at Epstein Becker Green Katherine R. Lofft, on the TechHealth Perspectives blog:
There are myriad opportunities right now for new businesses and talented entrepreneurs targeting healthcare, particularly in the IT sector. It’s an exciting time for people and companies looking to harness the promise of innovation and the power of technology to improve health care delivery, empower patients and lower costs.
However, even the best ideas usually require money to get off the ground. Sometimes they require more capital than the founders or management, or their ...
by Jeffrey M. Landes, William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Anna A. Cohen, and Jennifer A. Goldman
New York State has finally codified its position on permissible deductions from employees’ wages. On November 6, 2012, an amendment to New York’s Labor Law (“Labor Law”) will take effect. The amendment expands the list of employee wage deductions that New York employers may lawfully make, so long as the employee authorizes such deductions.
On September 7, 2012, Governor Andrew Cuomo signed into law the legislation that he introduced, which amends Labor ...
by Steven M. Swirsky, Adam C. Abrahms, Donald S. Krueger, and D. Martin Stanberry
In another foray by the National Labor Relations Board (“NLRB” or the “Board”) into new territory affecting non-union workplaces, a divided three-member Board panel found that an employer’s direction that employees not discuss matters under investigation with their co-workers violated Section 8(a)(1) of the National Labor Relations Act (the “Act”) because it “had a reasonable tendency to coerce employees in the exercise of their rights” under the Act. Banner Health System, 358 ...
Two recent decisions involving Netflix again raise the question of whether all online business activities are covered by the public accommodation requirements of Title III of the Americans with Disabilities Act ("ADA") or whether a "bricks and mortar" presence is required to invoke ADA protections. In late June, in National Association of the Deaf v. Netflix, Judge Ponson of the U.S. District Court in Massachusetts denied Netflix's motion for judgment on the pleadings that challenged the application of the ADA to its video streaming website. The court found ...
by William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Steven M. Swirsky, and Jennifer A. Goldman
In a move that signals a trend to employers, the Acting General Counsel ("AGC") of the National Labor Relations Board ("NLRB" or "Board") recently claimed in two unrelated cases that allegedly overly broad "employment-at-will" disclaimers contained in employee handbooks have the effect of chilling or interfering with employees' exercise of their right under the National Labor Relations Act ("Act") to engage in protected concerted activity. As we previously discussed in ...
by Joan A. Disler, Michelle Capezza, and Gretchen Harders
Now that the Supreme Court of the United States has upheld essentially all of the provisions of the Obama administration’s Affordable Care Act (“ACA”), employers are faced with looming deadlines to bring their group health plans into compliance with the ACA’s numerous new requirements. We have prepared for employers a timeline of the highlights of the upcoming deadlines for compliance with the ACA that apply to non-grandfathered group health plans.
VC firms have been funding, and M&A transactions should continue to increase in the health information technology (HIT) sector
“We are gearing up!” I heard this statement and other similar statements from many VC firms when I recently attended “The World Congress Annual Leadership Summit on Mergers & Acquisitions in the Health Care” in Orlando, Florida. Consistently, panelists and attendees at the conference noted that VC firms are funding for M&A transactional opportunities within the heath information technology (or HIT) sector. According to many managing directors ...
Epstein Becker Green is proud to announce that it has received the 2012 Chambers USA Award for Excellence in the Healthcare category. The results were announced at an awards dinner held on Thursday, June 7, 2012, in New York. Other firms nominated in the Healthcare category included Akin Gump Strauss Hauer & Feld LLP; Hogan Lovells US LLP; King & Spalding LLP; McDermott Will & Emery LLP; Ober Kaler Grimes & Shriver PC; and Proskauer Rose LLP.
The Chambers USA Awards for Excellence are based on research for the 2012 edition of Chambers USA: America's Leading Lawyers for Business and reflect ...
Cafeteria plans which provide a health flexible spending arrangement (FSA) allow participants to make pre-tax salary contributions to an account in order to receive reimbursements to pay for medical expenses that are not reimbursed through insurance or another arrangement (e.g., co pays, deductibles, eyeglasses). Prior to the Patient Protection and Affordable Care Act of 2010, sponsors of these plans could set an annual limit for contributions to health FSAs per plan terms. Sponsors typically established such limits by taking into consideration the uniform coverage rule ...
Epstein Becker Green has been designated by the Health Information Trust Alliance (HITRUST) as a Common Security Framework (CSF) Assessor. This will allow the firm to provide health care organizations with privacy and security risk assessments to protect the entities from breaches of protected health information (PHI). The health care industry has accepted the HITRUST CSF as the most widely adopted security framework. Epstein Becker Green is the first law firm to become a CSF Assessor and the designation exemplifies the firm's distinct capability to identify and address risk for ...
Our colleague, Hylan Fenster, shares his thoughts on source code escrow agreements:
Despite the burst of the dot.com bubble, many companies, notably small and mid-sized businesses, continue to rely on licensed software to perform their critical business operations. Source code escrow can provide the business with some protection if the software provider faces bankruptcy or stops maintenance or support for the licensed software.
Software License and Escrow Agreements
Licensees should ensure that their contracts with software providers contain provisions protecting source ...
The April issue of “Take 5: Views You Can Use,” written by David W. Garland, a Member of the Firm in Epstein Becker Green’s New York and Newark offices, covers these topics:
- Employers' Request for Facebook Access Comes Under Attack
- EEOC Releases Publications on the Rights of Disabled Veterans Returning to the Civilian Workforce
- EEOC Publishes Rule Amending ADEA Regulations
- Employers' Use of Unpaid Interns Comes Under Attack
- Title VII's Protections Extend to Provision of Severance Benefits to Former Employees
On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act or JOBS Act. In light of the sharp decline in the number of companies entering the U.S. capital markets through IPOs over the last ten years, Congress recognized a need for this legislation since small companies are critical to economic growth and job creation. To promote growth and assist small companies in gaining access to capital, the JOBS Act amends the securities laws in several ways, which include the following:
(i) Establishes a new category of issuers known as “Emerging Growth ...
Epstein Becker & Green’s Chief Information Officer, Frank Spadafino, was interviewed by The American Lawyer magazine on March 22, 2012, regarding the firm’s adoption of iOS or iPhone mobile devices. Spadafino reported that more than half of the law firm’s lawyers are now using iPhones. Lawyers, not unlike the general market, want the increased functionality provided by iOS devices. "The smartphone is not just about e-mail, calendars, and contacts anymore," Spadafino stated, “We want to add functionality to attorneys' devices, like greater accessibility to our ...
by Amy J. Traub, Anna A. Cohen, and Jennifer A. Goldman
Effective April 3, 2012, the Equal Employment Opportunity Commission ("EEOC") extended its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act of 2008 ("GINA"). The burden on employers to comply with the recordkeeping requirements under GINA will likely be minimal, as employers should already have recordkeeping policies in effect for personnel and other employment ...
By Stuart M. Gerson
The three days of arguments about the constitutionality of the Patient Protection and Affordable Care Act are complete. The Justices of the Supreme Court of the United States have conducted their post-argument conference and are now turning their attention to the drafting and the discussions that will lead to a majority opinion and, likely, several dissents and concurrences. The Court's decision should be issued before the end of June. Health care companies and employers, like the rest of the population, await the ultimate decision. However, there are several ...
by Steven M. Swirsky and Michael F. McGahan
On January 25, 2012, the National Labor Relations Board's ("NLRB") Acting General Counsel ("AGC") Lafe Solomon issued a second report on unfair labor practice cases involving social media issues. We discussed his earlier report in our Act Now Advisory of October 4, 2011.
The new report covers an additional 14 cases, all of which fall into the same two categories as the cases discussed in the earlier report, namely: (1) termination of employees resulting from statements made in social media forums about their working conditions or their ...
On February 2, 2012, the U.S. Department of Labor (“DOL”) issued final regulations under Section 408(b)(2) of ERISA. As a result, there is a new due date of July 1, 2012 by which certain service providers must make compensation disclosures to responsible plan fiduciaries of defined benefit and defined contribution plans (such as pension and 401(k) plans). This provides an extension of the April 1, 2012 due date issued under prior guidance. The regulations set forth the types of information that must be disclosed so that the plan fiduciaries can assess the reasonableness of the ...
by Jeffrey M. Landes, Susan Gross Sholinsky, Steven M. Swirsky, and Jennifer A. Goldman
On January 25, 2012, the Federal Trade Commission ("FTC") sent warning letters to three companies that market, in total, six mobile phone applications ("Apps") that provide users with background check reports. In the warning letters, the FTC states that the Apps may violate the Fair Credit Reporting Act ("FCRA"). According to a press release issued by the FTC on February 7, 2012, the FTC cautioned the Apps' marketers that, if they have reason to believe that the background reports provided will be ...
We are pleased to announce that Epstein Becker Green’s first app - Wage & Hour Guide for Employers - is now available for download in the App Store on iTunes, for both iPhones and iPads. You can find this complimentary app by searching for “Wage Hour” or accessing the following http://itunes.apple.com/us/app/wage-hour-guide/id500292238?mt=8&ls=1.
The Wage & Hour Guide app enables employers to access up-to-date federal wage and hour guidelines as well as various state guidelines, which can differ by jurisdiction. In addition, users can obtain insights and commentary ...
The Health Employment and Labor (HEAL) blog will include updates about timely issues related to labor and employment issues that affect health care and life sciences companies.
The HEAL blog is an idea that stems from the Epstein Becker Green’s Health Employment and Labor Group, which combines the strengths of the Firm’s two founding national practices – Health Care and Life Sciences and Labor and Employment. EBG attorneys have a deep knowledge of both the labor and employment field and wanted to create a blog that would quickly inform and educate employers about the ...
In accordance with the briefing schedule issued last December, initial briefs have been filed with the U.S. Supreme Court for its judicial review of certain issues under the Patient Protection and Affordable Care Act of 2010 (“PPACA”). The issues to be reviewed by the Court include whether (i) the minimum coverage provisions under PPACA and individual mandate to buy health insurance is a valid exercise of Congress’ power under Article I of the U.S. Constitution, (ii) the Anti-Injunction Act will prevent a ruling from the Court until such time as a tax is actually collected under ...
On November 17, 2011, the Departments of Labor, Treasury and Health and Human Services issued a set of Frequently Asked Questions About Affordable Care Act Implementation (Part VII) and Mental Health Parity Implementation. In FAQ 1, the Departments noted that they received many comments on the proposed regulations concerning the requirement to provide group health plan participants and beneficiaries with a summary of benefits coverage that accurately describes the benefits and coverage available under the plan and a uniform glossary of terms (“SBC”). The FAQs provide that ...
Our colleagues Douglas Weiner and Meg Thering at Epstein Becker Green recently posted the following on the Wage & Hour Defense Blog:
On October 20, 2011, the Computer Professionals Update Act (“the CPU Act”) – one of the first potential pieces of good news for employers this year – was introduced in the U.S. Senate. If passed, the CPU act would expand the computer employee exemption of the Fair Labor Standards Act (“FLSA”). S. 1747.
Unlike much of the other legislation affecting employers that has been proposed or passed this year, the CPU Act would make business easier for ...
On March 23, 2012, another requirement under the Patient Protection and Affordable Care Act (the “Act”) will be effective-the requirement to provide group health plan participants and beneficiaries with a summary of benefits coverage that accurately describes the benefits and coverage available under the plan and a uniform glossary of terms (“SBC”). These requirements were incorporated under the Internal Revenue Code and ERISA (in addition to existing summary plan description requirements). Under currently proposed regulations, health insurance issuers will ...
On August 12, 2011, the Departments of Treasury and Health and Human Services released Proposed Regulations to provide guidance to individuals who enroll in qualified health plans through State-based Exchanges, as envisioned under the Affordable Care Act, and to provide guidance to Exchanges that make qualified health plans available to individuals and employers. The Exchanges will be one-stop marketplaces where consumers can buy private health insurance plans. The premium tax credit is designed to help individuals and families with incomes between 100% and 400% of the ...
It is with great sadness that we announce the passing on August 4, 2011 of our esteemed colleague, Team member and friend, Lola Miranda Hale. A 1968 graduate of Fordham University School of Law, Lola was an excellent corporate and securities lawyer, an Illinois Super Lawyer and recently named to Who’s Who Legal Illinois. An active leader in many organizations, an avid published writer, and national public speaker, Lola made complicated issues easy to understand and was an asset to all with whom she worked. Lola was an original, and among the founding members of our Technology ...
On July 13, 2011, the U.S. Department of Labor’s Employee Benefits Security Administration issued a final regulation under ERISA to extend and align the applicability dates for retirement plan fee disclosure rules (i.e., the service provider fee and conflicts of interest disclosures to plan fiduciaries as well as the participant-level fee disclosures). The service provider disclosures may now be provided no later than April 1, 2012 (an extension from January 1, 2012 as indicated in prior guidance). There may also be additional guidance before the end of this year as to what those ...
By: Betsy Johnson and Evan J. Spelfogel
Employment litigation is growing at a rate far greater than litigation in general. Twenty-five times more employment discrimination cases were filed last year than in 1970, an increase almost 100 percent greater than all other types of civil litigation combined. Case backlogs at the U.S. Equal Employment Opportunity Commission ("EEOC") and in state and federal courts and administrative agencies nationwide number in the hundreds of thousands. Class and collective wage and overtime cases are inundating the courts. These types of cases now ...
Last year, two significant sets of regulations were issued that will affect qualified plan fiduciary responsibility and administration. Last July, interim final regulations were issued requiring retirement plan service providers to disclose detailed information regarding their fees and potential conflicts of interest to plan fiduciaries. These service provider disclosures were scheduled to apply to plan contracts and arrangements for services on or after July 16, 2011. Since those regulations were issued, there has been much discussion surrounding compliance with these ...
As part of the process of planning for implementation of health reform pursuant to the Affordable Care Act, the Department of Treasury, the Department of Labor and the Department of Health and Human Services are working together to develop a series of regulations and administrative guidance. One aspect of the Affordable Care Act provides that employers with 50 or more full-time employees will be considered “applicable large employers” subject to an employer mandate tax effective in 2014. Under these rules, such large employers will be liable for excise taxes if they have any ...
On March 22, 2011 the U.S. Supreme Court handed down a decision which is likely to have serious repercussions for companies in the bio/pharma tech space. In MATRIXX INITIATIVES, INC., ET AL. v. SIRACUSANO ET AL., the Court rejected Matrixx argument that reports regarding the adverse effect of Zicam, its leading revenue generating product, were not statistically significant and therefore not material.
Noting that the analysis of materiality under the securities laws in fact specific, the Court appears to have relied heavily on two factors:
1. The methodologies and requirements ...
Blog Editors
Recent Updates
- “Fair Chance” Updates: Los Angeles County Ordinance Takes Effect; New York City Proposes Amendments to Existing Law
- MI Agencies Request Clarity on New Minimum Wage & Tip Credit Requirements
- Mental Health Parity Rules Incoming: What Employers Need to Know
- Video: New DOJ Whistleblower Program - What Employers Must Know - Employment Law This Week
- Video: State Legal Trends - Crucial Changes for Employers - Employment Law This Week