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Plaintiffs’ statements at a press conference may be privileged

Kramer Levin Naftalis & Frankel LLP
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USA
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November 14 2012

The United States District Court for the Eastern District of New York recently issued an opinion that may frustrate employers’ efforts to minimize unfavorable media attention caused by lawsuits brought against them

More developments in the NLRB’s efforts to impact non-unionized workplaces

Kramer Levin Naftalis & Frankel LLP
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USA
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November 14 2012

In our July 2012 newsletter, we highlighted several instances in which the National Labor Relations Board (the “NLRB”) ruled against employers with non-unionized workforces for violations of the National Labor Relations Act (the “NLRA”), specifically Section 7 of the NLRA permitting employees to “engage in

At-will doctrine trumps claim of terminated compliance head

Kramer Levin Naftalis & Frankel LLP
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USA
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November 14 2012

On May 8, 2012, the New York Court of Appeals again reaffirmed the strength of New York’s at-will employment doctrine in rejecting a wrongful discharge claim in Sullivan v. Harnisch, 19 N.Y.3d 259, 969 N.E.2d 758 (2012

Remember what they say about free lunches? The difficulty with unpaid interns

Kramer Levin Naftalis & Frankel LLP
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USA
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November 14 2012

Given the state of the economy, companies are finding it easier to attract impressively credentialed unpaid interns

EEOC’s new guidance regarding the use of arrest and conviction records: background screening practices take the foreground

Kramer Levin Naftalis & Frankel LLP
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USA
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November 14 2012

On April 25, 2012, the United States Equal Employment Opportunity Commission (the “EEOC”) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (the “Guidance”

Developments in disability law: courts follow reasonable approach in evaluating disability claims

Kramer Levin Naftalis & Frankel LLP
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USA
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November 14 2012

Congress and state legislatures have expanded the reach of disability laws in recent years

Social media and the NLRB in the non-unionized workplace

Kramer Levin Naftalis & Frankel LLP
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USA
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October 13 2011

Raising the stakes in the National Labor Relations Board’s war on employer monitoring of social media, an administrative law judge ruled on September 2, 2011 that Hispanics United of Buffalo violated the National Labor Relations Act when it terminated employees for discussing on Facebook criticism a co-worker had made about their performance

Levion v. Société Générale: court rejects former executive's claims seeking nearly $35 million in additional compensation

Kramer Levin Naftalis & Frankel LLP
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USA
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October 12 2011

On September 30, 2011, Judge Richard J. Sullivan of the United States District Court for the Southern District of New York issued a decision dismissing in its entirety a lawsuit brought by a senior executive, Martin Levion, seeking $34 million in allegedly unpaid compensation against his former employer, Société Générale, based on claims of breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment and violations of New York Labor Law

SOX retaliation claims: recent developments

Kramer Levin Naftalis & Frankel LLP
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USA
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December 1 2010

Section 806 of the Sarbanes-Oxley Act of 2002 (the "Act" or "SOX") protects employees of public companies who "blow the whistle" by reporting conduct that they reasonably believe constitutes a violation of federal law relating to financial, securities or shareholder fraud

Break time for nursing mothers

Kramer Levin Naftalis & Frankel LLP
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USA
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December 1 2010

This past March the Patient Protection and Affordable Care Act amended Section 7 of the Fair Labor Standards Act ("FLSA"), which now mandates lactation breaks for employees who are nursing mothers

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