Judah L. Rosenblatt

Firm/Organization: Epstein Becker & Green, P.C.

Blogs: Financial Services Employment Law, Health Employment and Labor, Hospitality Labor and Employment Law, Management Memo, Retail Labor and Employment Law, Trade Secrets & Employee Mobility, Wage and Hour Defense Blog

Latest Articles

Trade Secrets & Employee Mobility

South Dakota Supreme Court Limits Enforceability of Non-Solicitation Clause in Non-Compete Agreement

By Judah L. Rosenblatt & David Green

April 24, 2018

Whenever possible, restrictive covenants should be carefully worded to track the language of applicable law in the jurisdiction where they will be enforced. The South Dakota Supreme Court’s recent decision in Farm Bureau Life Insurance Co. v. Dolly provides a strong reminder of this lesson. The case concerned an action by Farm Bureau to enforce a restrictive covenant against Ryan Dolly who had worked for Farm Bureau as a captive life insurance agent. Dolly’s contract…

Retail Labor and Employment Law

Washington Prohibits Nondisclosure Agreements Related to Sexual Harassment or Assault

By Judah L. Rosenblatt & Amanda M. Gómez

April 13, 2018

On March 21, 2018, Washington Governor Jay Inslee signed bill SB 5996 (the “Law”), which prohibits employers from requiring as a condition of employment that employees sign a nondisclosure agreement preventing them from discussing workplace sexual harassment or sexual assault. The Law goes into effect on June 7, 2018. In addition to sexual offenses in the workplace, the Law covers such incidents that occur at work-related events “coordinated by or through the employer,” or between…

Management Memo

NLRB Reinstates Browning-Ferris Joint-Employer Standard . . . For Now

By Adam C. Abrahms, Steven M. Swirsky, Kate B. Rhodes & Judah L. Rosenblatt

February 28, 2018

On February 26, 2018, in a unanimous decision by Chairman Marvin Kaplan and Members Mark Pearce and Lauren McFerren, the National Labor Relations Board (“NLRB” or the “Board”) reversed and vacated its December 2017 decision in Hy-Brand Industrial Contractors, Ltd. (“Hy-Brand”), which had overruled the joint-employer standard set forth in the 2015 Browning-Ferris Industries (“Browning-Ferris”) decision. The decision followed the release of a finding that a potential conflict-of-interest had tainted the Board’s 3-2 vote. What this…

Trade Secrets & Employee Mobility

Which States Are Likely to Enact Laws Restricting Non-Compete Agreements in 2018?

By Judah L. Rosenblatt

February 9, 2018

Several states in recent years have enacted laws that have been designed, in varying degrees, to limit non-competes, including California, Illinois, and Nevada. Which states and cities are most likely to do the same in 2018? The New Hampshire and New York City legislatures have introduced bills that seek to prohibit the use of non-compete agreements with regard to low-wage employees. Under New Hampshire’s Bill (SB 423), a “low-wage employee” is defined as…

Management Memo

Is the NLRB’s General Counsel Planning to “Reorganize” the Labor Board’s Regional Directors and Field Offices?

By Steven M. Swirsky & Judah L. Rosenblatt

February 1, 2018

Over the past several weeks there have been conflicting reports concerning what The New York Times described as “a proposal” by Peter Robb, who was sworn in as the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel on November 17, 2017, to “demote” the Board’s Regional Directors and career “senior civil servants who resolve most labor cases,” and transfer their decision making authority to “a small cadre of officials installed above…

Retail Labor and Employment Law

Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws

By Susan Gross Sholinsky, Nancy Gunzenhauser Popper & Judah L. Rosenblatt

November 13, 2017

On November 2, 2017, three Republican Representatives, Mimi Walters (R-CA), Elise Stefanik (R-NY), and Cathy McMorris Rodgers (R-WA), introduced a federal paid leave bill that would give employers the option of providing their employees a minimum number of paid leave hours per year and instituting a flexible workplace arrangement. The bill would amend the Employee Retirement Income Security Act (“ERISA”) and use the statute’s existing pre-emption mechanism to offer employers a safe harbor from the…

Financial Services Employment Law

Delaware Bans Compensation History Inquiries

By Nancy Gunzenhauser Popper, Judah L. Rosenblatt & Corben J. Green

August 4, 2017

On June 14, 2017, Delaware Governor John Carney signed into law a bill that amends Delaware’s Code relating to unlawful employment practices to prohibit employers from (i) engaging in salary-based screening of prospective employees where prior compensation must satisfy certain minimum or maximum criteria or (ii) seeking the compensation history of a prospective employee from the prospective employee or a current or former employer (the “Law”). Under the Law, “compensation” is defined broadly to include…

Management Memo

Senate Confirms Trump NLRB Nominee Marvin Kaplan; Delays Nomination of William Emanuel

By Adam C. Abrahms, Steven M. Swirsky & Judah L. Rosenblatt

August 3, 2017

On Wednesday, the U.S. Senate confirmed Marvin Kaplan, a former Occupational Safety and Health Review Commission lawyer, to fill one of the two open seats on the National Labor Relations Board, moving the agency a step closer to a Republican majority. Kaplan was confirmed on a 50-48 party-line vote by the GOP-controlled Senate. The Senate has yet to schedule a vote for President Trump’s second nominee for the Board, William Emanuel, a long time management-side…

Management Memo

White House Nominates William Emanuel for the Second of Two Vacancies on the National Labor Relations Board

By Adam C. Abrahms, Steven M. Swirsky & Judah L. Rosenblatt

June 28, 2017

On Tuesday night, the President announced the nomination of William Emanuel, a long time management-side labor employment lawyer, to fill the last remaining vacancy on the five-member National Labor Relations Board. As we noted in our earlier blog, last week the President announced the nomination of Marvin Kaplan, who currently serves as counsel at the Occupational Safety and Health Commission, to fill the other vacancy on the NLRB. If the nominations of Messrs. Emanuel…

Management Memo

Trump to Nominate Marvin Kaplan, William Emanuel to Fill NLRB

By Adam C. Abrahms, Steven M. Swirsky & Judah L. Rosenblatt

May 10, 2017

According to news reports, the Trump administration has submitted Marvin Kaplan and William Emanuel for FBI background checks, and it plans to nominate them by June to fill a pair of vacancies at the National Labor Relations Board (“NLRB”). The administration hopes to have the new members confirmed by the Senate before the August recess. Kaplan is currently counsel to the commissioner of the independent Occupational Safety and Health Review Commission. He previously served as…

Judah L. Rosenblatt

South Dakota Supreme Court Limits Enforceability of Non-Solicitation Clause in Non-Compete Agreement

Washington Prohibits Nondisclosure Agreements Related to Sexual Harassment or Assault

NLRB Reinstates Browning-Ferris Joint-Employer Standard . . . For Now

Which States Are Likely to Enact Laws Restricting Non-Compete Agreements in 2018?

Is the NLRB’s General Counsel Planning to “Reorganize” the Labor Board’s Regional Directors and Field Offices?

Proposed Federal Bill Would Pre-Empt State and Local Paid Sick Leave Laws

Delaware Bans Compensation History Inquiries

Senate Confirms Trump NLRB Nominee Marvin Kaplan; Delays Nomination of William Emanuel

White House Nominates William Emanuel for the Second of Two Vacancies on the National Labor Relations Board

Trump to Nominate Marvin Kaplan, William Emanuel to Fill NLRB

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