Jordan Faykus

Firm/Organization: Baker McKenzie

Latest Articles

4 Critical Considerations For Acquiring Unionized Businesses

January 7, 2020

U.S. merger and acquisitions activity had another busy year in 2019, with total domestic M&A transactions at $1.1659 trillion, almost equal to 2018’s momentous year, according to reports from the fifth annual global transactions forecast by Oxford Economics Ltd. and Baker McKenzie. With these transactions, many companies have been looking to acquire businesses with unionized facilities. Purchasers unfamiliar with operating unionized sites, though, can sometimes move too quickly, potentially triggering a host of legal…

The Employer Report

ABA Business Law Section: 2019 ERISA Developments

By James P. Baker, Lisa S. Brogan, Jordan Faykus & Jenna Neumann

August 5, 2019

Congratulations and special thanks to Lisa Brogan (Chair), Editor, and Contributors James Baker, Jordan Faykus, and Jenna Neumann for their contributions to the 2019 Edition of The ABA Business Law Section, Recent Developments In Business and Corporate Litigation; Chapter 20: ERISA. Covered topics include: US Supreme Court on church plan exemptions; The standard of review in ERISA plan benefit determinations; Update on University retirement plan litigation; and The continued dismissal of ERISA stock-drop lawsuits. Click…

The Employer Report

Offshore Drilling Workers’ Wage And Hour Claims Governed By FLSA, Not State Law

By Jordan Faykus

June 18, 2019

On June 10, 2019, the United States Supreme Court unanimously held that state law does not apply to the Outer Continental Shelf (OCS) in situations when federal law addresses the relevant issue at hand. In Parker Drilling Management Services, Ltd. v. Newton, the Supreme Court declined to extend California’s wage and hour laws to employees working on offshore drilling platforms subject to the Outer Continental Shelf Lands Act. The OCSLA extends federal law to…

The Employer Report

Employment Arbitration Agreements With Class Action Waivers Are Enforceable

By Jordan Faykus, Arthur Rooney & Robin Samuel

May 23, 2018

But Are They Right for Your Workforce? The US Supreme Court issued a highly anticipated decision on May 21, 2018 in Epic Systems Corp. v. Lewis, holding that class action waivers in arbitration agreements are fully enforceable, notwithstanding the right to engage in concerted activity under the National Labor Relations Act. Although employers now have a tool to effectively eliminate most employment class actions through the use of arbitration agreements, several other important nuances…

The Employer Report

US Supreme Court Affirms Employer Use Of Class Action Waivers In Arbitration Agreements

By Caroline B. Burnett, Michael E. Brewer, William F. Dugan, Jordan Faykus & Arthur Rooney

May 21, 2018

Welcome news for employers: companies can require their workers go through arbitration to pursue any legal claims against their employers, rather than go to court or join together in class lawsuits or grievances, the US Supreme Court held today in a 5-4 vote. Writing for the majority in three consolidated cases (Epic Systems Corp. v. Lewis, NLRB v. Murphy Oil USA, Inc., and Ernst & Young LLP v. Morris), Justice Neil Gorsuch said the…

The Employer Report

Summer Internships Are Coming – Time To Revisit Your Program Under The DOL’s New Test For Unpaid Interns

By Jordan Faykus & Emily Harbison

April 5, 2018

As we previously posted, on January 5, 2018, the Department of Labor did away with its previous six-factor test and announced a new “primary beneficiary” test to determine whether interns and students working for “for-profit” employers are entitled to minimum wages and overtime pay under the Fair Labor Standards Act. See our previous post HERE, as well as the DOL’s Fact Sheet #71 HERE. While employers are required to pay employees for their…

The Employer Report

New Tax Law Could Incentivize Employees To Become Independent Contractors – Employers Should Proceed With Caution

By Jordan Faykus & Guest Contributor

January 23, 2018

On December 22, 2017, the Tax Cuts and Jobs Act was signed into law bringing significant changes to US tax law. One provision of the Act may further incentivize individuals to work as independent contractors instead of as traditional employees. The new provision allows for independent contractors, and for service providers structured as a partnership or other flow-through entities, the potential to deduct up to 20% of their revenue from their taxable income. And while…

The Employer Report

New NLRB GC Peter Robb Spells Relief For Besieged Employers

By Jordan Faykus & Shaun Cassin

December 5, 2017

Many of the NLRB initiatives established during the previous administration could soon be no more. On December 1, 2017, the new NLRB General Counsel, Peter Robb, issued a memorandum that rescinded numerous memorandums and initiatives of his predecessor, and set forth the types of future charges that should be submitted to his office for advice. Highlighting the list of the seven expressly-rescinded memorandums are: GC 11-04 (Default Language). This 2011 memo instructed all NLRB…

The Employer Report

Executive Agreement Litigation – Part 2 of The Top 10 Agreement Provisions To Consider Now To Avoid Future Risk

By Jordan Faykus

December 4, 2017

Last week, we discussed 5 executive agreement provisions to consider now to help avoid future risk. This week, we are back with our second installment. As with the previous 5 provisions, companies should pay close attention when drafting the following executive agreement terms so as to best position itself in the event of future disputes. 6. Trade Secret – Last year, the Defend Trade Secrets Act was passed and created a federal cause of action…

The Employer Report

Executive Agreement Litigation – Top 10 Agreement Provisions To Consider Now To Avoid Future Risk, Part 1 of 2

By Jordan Faykus

November 28, 2017

In recent years, disputes surrounding executive employment agreements have increased significantly. This is no surprise given the amounts at stake, whether it is the compensation and incentives arguably owed to the executive, or threats to the company’s business itself through unlawful competition, trade secret theft, or unauthorized use of confidential information. While impossible to safeguard against all risk of course, pay close attention to the following provisions when drafting executive employment agreements. By doing so, the…

Jordan Faykus

4 Critical Considerations For Acquiring Unionized Businesses

ABA Business Law Section: 2019 ERISA Developments

Offshore Drilling Workers’ Wage And Hour Claims Governed By FLSA, Not State Law

Employment Arbitration Agreements With Class Action Waivers Are Enforceable

US Supreme Court Affirms Employer Use Of Class Action Waivers In Arbitration Agreements

Summer Internships Are Coming – Time To Revisit Your Program Under The DOL’s New Test For Unpaid Interns

New Tax Law Could Incentivize Employees To Become Independent Contractors – Employers Should Proceed With Caution

New NLRB GC Peter Robb Spells Relief For Besieged Employers

Executive Agreement Litigation – Part 2 of The Top 10 Agreement Provisions To Consider Now To Avoid Future Risk

Executive Agreement Litigation – Top 10 Agreement Provisions To Consider Now To Avoid Future Risk, Part 1 of 2

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