Tag Archives: Labor Law
Court of Appeal Reminds Litigants That Settling With Named Plaintiff Does Not Necessarily End Putative Class Action
An article recently published in the National Law Review by Neil A.F. Popović and Lai L. Yip of Sheppard Mullin Richter & Hampton LLP regarding Putative Damages and Class-Action Lawsuits: If a defendant in a putative class action settles with the class representative prior to class certification, does the defendant nonetheless have to respond to pre-settlement discovery requests to …
Recent NLRB Memo Identifies “Hot Topic” Cases for 2012
Recently an article appeared in the National Law Review by Peter T. Tschanz of Barnes & Thornburg LLP regarding Hot Topic cases: The NLRB recently circulated a memorandum asking all Regional Directors, Officers-in-Charge and Residential Officers to begin tracking what the Agency has defined as “Hot Topic” Cases. The categories include: – Cessation of Dues Check-Off; – Information …
California Appellate Court Issues a Decision That Mutual of Omaha Insurance Agents Qualify as Independent Contractors as a Matter of Law
From a recent posting in the National Law Review an article by attorney Thomas R. Kaufman of Sheppard Mullin Richter & Hampton LLP regarding the way insurance companies treat their independent agents: December 31, 2011, as a final act for the year, the First Appellate District of the California Court of Appeal issued a good appellate decision …
Barnes & Thornburg Labor Relations’ Top Ten Traditional Labor Stories of 2011 (Part 1)
Recently published in the National Law Review an article by the Labor and Employment Law Department of Barnes & Thornburg LLP regarding the past year’s labor news: ‘Tis the season for year-end recaps, and we here at BT Labor Relations couldn’t resist taking our own look back at the year in traditional labor. As we move into 2012, here’s …
California Wage Theft Prevention Act Takes Effect January 1, 2012
Posted in the National Law Review on January 01, 2012 an article by the Labor & Employment Practice of Morgan, Lewis & Bockius LLP regarding The Wage Theft Prevention Act of 2011: California Governor Jerry Brown recently signed into law Assembly Bill 469, also known as The Wage Theft Prevention Act of 2011 (the Act). The Act requires employers to provide …
Health Care Entities Using Social Media: Guidance from the Division of Quality Assurance
Recently posted in the National Law Review an article by Diane M. Welsh and Linda C. Emery of von Briesen & Roper, S.C. regarding the use of social media and web-based email services: Many articles have been written about the legal and business risks associated with the use of social media and web-based email services. However, the risk of using social media …
IRS Extends Transition Relief for Puerto Rico Qualified Plans to Participate in U.S. Group Trusts and Deadline to Transfer Assets
Posted in the National Law Review an article by attorney Nancy S. Gerrie and Jeffrey M. Holdvogt of McDermott Will & Emery regarding U.S. employers with qualified employee retirement plans that cover Puerto Rico: On December 21, 2011, the U.S. Internal Revenue Service (IRS) issued Notice 2012-6, which provides welcome relief for U.S. employers with qualified employee retirement plans that cover Puerto Rico …
New Facebook Cases – No Protected Concerted Activity, But Is It Surveillance??
Posted in the National Law Review an article by Adam L. Bartrom and Gerald F. Lutkus of Barnes & Thornburg LLP regarding Facebook cases continue to be examined by the NLRB Facebook cases continue to be examined by the NLRB as a new technology cloaked in traditional case law. The NLRB’s General Counsel has recently decided to dismiss three complaints brought by …
Divided NLRB Issues Controversial Expedited Election Rules
Posted in the National Law Review an article by attorneys Thomas E. Obenberger and Scott C. Beightol of Michael Best & Friedrich LLP regaring the National Labor Relations Board recent vote which reversed decades of precedent and practice: On December 22, 2011, the National Labor Relations Board (the “NLRB” or “Board”) published final rules (76 Fed. Reg. …
Congress Reconsiders Independent Contractor Classification
Posted in the National Law Review an article by Robert B. Meyer and David L. Woodard of Poyner Spruill LLP regarding Employee MisClassification Prevention Act (EMPA): It appears that Congress has again turned its attention to the issue of employee/independent contractor classification. On October 13, 2011, Rep. Lynn Woolsey (D-CA) reintroduced legislation titled the “Employee Misclassification Prevention Act” (EMPA). This bill, …
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