Epstein Becker & Green, P.C.

Epstein Becker & Green, P.C., is a national law firm with a primary focus on health care and life sciences; employment, labor, and workforce management; and litigation and business disputes. Founded in 1973 as an industry-focused firm, Epstein Becker Green has decades of experience serving clients in health care, financial services, retail, hospitality, and technology, among other industries, representing entities from startups to Fortune 100 companies. Operating in locations throughout the United States and supporting domestic and multinational clients, the firm’s attorneys are committed to uncompromising client service and legal excellence.

Latest from Epstein Becker & Green, P.C. - Page 2

Trade Secrets & Employee Mobility

Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

By Janene Marasciullo

November 21, 2019

A recent decision in Edward D. Jones & Co., LP v. John Kerr (S.D.In. 19-cv-03810 Nov. 14, 2019), illustrates the unique challenges that broker-dealers may face when enforcing post-employment covenants that prohibit former registered representatives (“RRs”) from soliciting clients. Edward Jones sued Kerr, a former RR, to enforce an employment contract that required him to return confidential information upon termination and prohibited him from “directly or indirectly” soliciting any Edward Jones’ client for a period…

Trade Secrets & Employee Mobility

Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

By Janene Marasciullo

November 21, 2019

Wage and Hour Defense Blog

Time Is Running out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

By Michael S. Kun

November 21, 2019

As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”) are set to go into effect on January 1, 2020. That deadline is sneaking up fast. And, like waiting until the last minute to start holiday shopping, waiting until the last minute to make important decisions regarding the new thresholds may not be wise. The New Salary Thresholds Effective January 1, 2020, the…

Wage and Hour Defense Blog

California Trucking Association Mounts Challenge to “ABC” Test

By Kevin R. Vozzo

November 20, 2019

As businesses throughout the State of California continue to grapple with the potential implications of AB5, a new law designed to make it more difficult for companies to treat workers as independent contractors, the California Trucking Association (“CTA”) is taking legal action. As we previously wrote here, AB5 codified and expanded the “ABC test” adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California…

Hospitality Labor and Employment Law

Standing Requirements in ADA Title III Case, Based on the Eastern District of New York’s Decision for Businesses

By Epstein Becker & Green, P.C.

November 19, 2019

Our colleagues Joshua A. Stein and Shira M. Blank at Epstein Becker Green have recently published a post on the Retail Labor and Employment Law blog that will be of interest to our readers in the hospitality industry: “The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA Title III Case.” Following is an excerpt: In Castillo, plaintiff, a King’s County resident, who asserted that she has diabetes,…

Management Memo

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

By Steven M. Swirsky, Corey P. Argust & Eric Emanuelson

November 18, 2019

One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration was the movement to allow representation elections in what were commonly referred to as “micro-units,” which many believed made it easier for unions to score victories and gain bargaining rights. The Board’s recent decision in Boeing Co. and …

Wage and Hour Defense Blog

Time Is Money: A Quick Wage-Hour Tip on … State Salary Thresholds for Certain Exempt Employees

By Nancy Gunzenhauser Popper

November 18, 2019

After a false start three years ago, the federal Department of Labor (“DOL”) will finally be rolling out an increased minimum salary threshold for employees qualifying under the “white collar” exemptions. The increase in the salary threshold for professional, administrative, and executive exemptions (making up the “white collar” exemptions) under the Federal Fair Labor Standards Act (“FLSA”) will become effective on January 1, 2020. In order to qualify for one of these exemptions, there are…

Retail Labor and Employment Law

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA Title III Case

By Joshua A. Stein & Shira M. Blank

November 18, 2019

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to recent a decision issued by a federal judge in the U.S. District Court of the Eastern District of New York (“EDNY”), some may believe that “Christmas came early.” Last week, EBG achieved an impressive victory, obtaining a complete dismissal of a serial plaintiff’s class action complaint in the case Castillo v. The John Gore …

Trade Secrets & Employee Mobility

Preparing for Non-Compete Litigation – Practice Note Update

By Peter A. Steinmeyer

November 14, 2019

Thomson Reuters Practical Law has released the 2019 update to “Preparing for Non-Compete Litigation,” a Practice Note I co-authored with Zachary Jackson. See below to download the full Note – following is an excerpt: Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that…

Wage and Hour Defense Blog

California Court Rules That Mandatory Service Charges May Be Gratuities

By Jeffrey H. Ruzal & Carly Baratt

November 12, 2019

Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the non-managerial employee(s) who provided the service. In O’Grady v. Merchant Exchange Productions, Inc., No. A148513, plaintiff, a banquet server and bartender, filed a putative class action against their employer for its failure to distribute the entirety of the proceeds…

Epstein Becker & Green, P.C.

Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

Enforcing Non-Solicitation Agreements Against Financial Professionals: A Court Finds Financial Professionals Have a Duty to Notify Clients About a Change of Employment

Time Is Running out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

California Trucking Association Mounts Challenge to “ABC” Test

Standing Requirements in ADA Title III Case, Based on the Eastern District of New York’s Decision for Businesses

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

Time Is Money: A Quick Wage-Hour Tip on … State Salary Thresholds for Certain Exempt Employees

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA Title III Case

Preparing for Non-Compete Litigation – Practice Note Update

California Court Rules That Mandatory Service Charges May Be Gratuities

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