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Fifth Circuit to consider In Re D.R. Horton in light of recent court of appeals decision striking down recess appointments to NLRB

Orrick Herrington & Sutcliffe LLP
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USA
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February 5 2013

A recent D.C. Circuit Court of Appeals decision striking down several recess appointments to the National Labor Relations Board has cast doubt over

Duty to disclose for employers claiming “competitive disadvantage” in labor negotiations

Orrick Herrington & Sutcliffe LLP
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USA
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December 7 2012

In a divided opinion published on December 4th, the U.S. Court of Appeals for the D.C. Circuit provided a reminder that employers should always be prepared to substantiate representations made during labor negotiations and clarified the scope of disclosure obligations for employers relying on competitive pressures as a basis for seeking concessions

Ringing in the new year: new California laws taking effect in 2013

Orrick Herrington & Sutcliffe LLP
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USA
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December 4 2012

As the new year rounds the corner, it is important to stay abreast of the ever-changing legal landscape in California

Governor Cuomo Signs Amendment to New York Wage Deduction Law

Orrick Herrington & Sutcliffe LLP
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USA
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September 12 2012

Since 2008, the New York State Department of Labor has taken an increasingly narrow and stringent view as to what can be considered a permissible wage deduction, even in situations where the employee had authorized the wage deduction and the deduction was something that was beneficial to the employee

Recent NLRB decisions challenge at-will disclaimers and may impact HR investigations

Orrick Herrington & Sutcliffe LLP
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USA
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August 27 2012

Earlier this year, in D.R. Horton, Inc., 357 NLRB No. 184 (Jan. 6, 2012), the National Labor Relations Board (“Board” or “NLRB”) held that mandatory arbitration agreements requiring all employment disputes to be resolved through individual, bilateral arbitration violate the National Labor Relations Act (“NLRA”) because such agreements impermissibly restrict employees’ rights under Section 7 to engage in “concerted action for mutual aid or protection.”

The New York Court of Appeals latest word on bonus compensation disputes

Orrick Herrington & Sutcliffe LLP
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USA
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May 18 2012

The case of Ryan v. Kellogg Partners Institutional Services, presents a scenario familiar to many employers a former employee claims that he is entitled to bonus compensation based upon oral assurances he was given by senior management, while his employer responds that the employee has no right to any bonus because bonuses are discretionary

Deadline fast approaching employers must provide New York Wage Theft Prevention Act notices to all New York employees by February 1, 2012

Orrick Herrington & Sutcliffe LLP
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USA
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January 25 2012

Effective April 9, 2011, the New York Wage Theft Prevention Act requires that, each year between January 1 and February 1, all private sector employers provide every employee who works in New York (including those exempt from overtime) with written notice of: the employee's regular rate of pay

New ARB decision erodes employer-friendly precedents under SOX

Orrick Herrington & Sutcliffe LLP
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USA
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June 8 2011

On May 25, 2011, an en banc panel of the Obama administration's newly appointed Administrative Review Board ("ARB") reversed an Administrative Law Judge's ("ALJ's") decision dismissing the SOX complaints of two drug testing company employees

Sweeping new whistleblower incentives and protections in financial reform bill

Orrick Herrington & Sutcliffe LLP
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USA
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July 21 2010

On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act