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Global Developments In Labor & Employment Law

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San Francisco employment attorney Charles O. Thompson has moved to global law firm Greenberg Traurig, LLP as a shareholder, further strengthening the firm’s Global Labor and Employment Practice. Thompson, a seasoned employment trial lawyer, was formerly managing partner of Polsinelli’s San Francisco office and chair of its Class Action Practice. He has extensive experience litigating employment-related issues for public and private companies, having handled over 1,000 employment matters for clients ranging from Fortune 500…
How confident are you that your company’s retirement plans are being run in accordance with all legal requirements under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC)? Are you comfortable with the integrity of the annual representations made to your plan auditor that key benefit-plan controls are in place to make sure that your retirement plans are operated pursuant to their terms and applicable law? This Alert addresses what questions…
Congress passed the Eliminating Kickbacks in Recovery Act (the Act) in 2018 to prevent “patient brokering” in treatment for substance abuse disorders. The Act imposes criminal penalties against anyone who knowingly and willfully “solicits or receives any remuneration . . . in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory” or who knowingly and willfully “pays or offers any remuneration . . . to induce a referral…
Many employers and attorneys assume that covenants not to compete found in employment agreements are not enforceable against California residents absent narrow exceptions, and that courts would reject any attempt to apply another state’s choice of law provision to draft around this issue. A recent case from the Delaware Chancery Court, NuVasive, Inc. v. Patrick Miles, 2018 WL 4677607 (Del. Ch. Sept. 28, 2018), has recognized, however, that under certain circumstances, non-competes and non-California…
Wendy Johnson Lario, shareholder and chair of Greenberg Traurig LLP’s New Jersey Labor & Employment Practice, has been named by the New Jersey Law Journal as one of its 2018 Top Women in the Law. According to the publication, the female attorneys who are listed as Top Women in the Law have influenced the law and legal profession in exceptional ways over the last two years. “We are incredibly proud of Wendy…
Although California law generally prohibits non-competition agreements, some courts in a number of unpublished opinions have enforced non-solicitation clauses restricting former employees from pirating their former colleagues. A California appellate court, however, recently invalidated such a provision in a published opinion, calling into question an employer’s ability to rely upon such agreements. In AMN Healthcare Inc. v. Aya Healthcare Services, AMN sought to enforce a non-solicitation provision against former employees and their new employer.…
Shareholder Todd D. Wozniak, of global law firm Greenberg Traurig, LLP, was named a 2018 Law360 MVP for Benefits. Law360’s MVP series showcases standout attorneys who have had significant client wins and contributions to their practice area in the last year. Co-Chair of the firm’s ERISA & Employee Benefits Litigation group, Wozniak has tried more than 40 cases or arbitrations to verdict. He is one of the few attorneys in the U.S. who…
Jan. 1, 2020, marks the effective date of the recently enacted California Consumer Privacy Act (CCPA), a new law that requires companies to comply with numerous requirements related to collecting and processing personal information of California employees and other individuals. Don’t let the “Consumer” language of the CCPA fool you – under the CCPA, the definition of “consumer” can easily include employees so long as they are natural persons who are California residents because they…
On Oct. 11, 2018, the Virginia Supreme Court extended the duty of care owed by an employer beyond just employees to any family members or third parties who may be affected by the employer’s action. In a 4-3 decision, the court ruled in Quisenberry v. Huntington Ingalls, Inc. that if an employer knew or should have known that an employee’s clothing dusted with asbestos could be handled by others, the employer owed a duty…
On Oct. 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum (the Memorandum) clarifying its position that 29 C.F.R. § 1904.35(b)(1)(iv) does not prohibit employers from instituting workplace safety incentive programs or post-incident drug testing. OSHA stated that to the extent any of their other OSHA interpretive documents conflicted with the Memorandum, the Memorandum would govern. Employers must be cognizant of the guidance in the Memorandum to make sure that any negative…