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Department of Labor rejects argument that a hospital is a federal subcontractor subject to OFCCP affirmative action requirements

Hogan Lovells
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USA
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November 27 2012

In an important case that addresses which entities can be considered federal “subcontractors” under federal affirmative action regulations, the U.S. Department of Labor’s Administrative Review Board rejected the argument of the Office of Federal Contract Compliance Programs (OFCCP) that a hospital’s participation in the Department of Defense’s TRICARE program made the hospital a subcontractor subject to OFCCP jurisdiction

New California decision affirms employers' ability to round time clock entries

Hogan Lovells
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USA
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November 15 2012

The California Court of Appeal has issued a new decision affirming an employer’s ability to round employee time clock entries, so long as the rounding is neutral, both facially and in practice, over a period of time

New wage deduction law in New York goes into effect on Election Day

Hogan Lovells
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USA
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October 19 2012

Beginning 6 November 2012, the same day Americans head to the polls, employers in New York will be able to make deductions from employees’ wages, with employee consent, for a wider array of reasons than the law previously allowed

New Jersey enacts new posting and employee notice requirements, effective 21 November 2012

Hogan Lovells
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USA
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October 10 2012

On 21 September 2012, New Jersey Governor Chris Christie signed into law a bill that will require New Jersey employers with 50 or more employees to post and distribute to workers a notice reminding them of their right to be free from gender-based pay discrimination in the workplace

More 409A headaches: existing arrangements containing employment release provisions may need to be amended before year-end for Section 409A compliance (and new arrangements with such provisions need to be carefully drafted)

Hogan Lovells
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USA
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September 17 2012

Section 409A of the Internal Revenue Code (“Section 409A”) generally provides rules governing nonqualified deferred compensation arrangements with the main focus of such rules being limiting the ability of both the plan participant and his or her employer to manipulate the timing of payments under such nonqualified plans (although an employeeemployer relationship is not required for Section 409A to apply

California court provides important reminders regarding the enforceability of non-compete covenants in M&A transactions and employment agreements under California law

Hogan Lovells
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USA
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September 6 2012

The California Court of Appeal (Fourth Appellate District) recently addressed the enforceability of non-compete covenants in the context of purchase and employment agreements in Fillpoint, LLC v. Michael Maas et al., __ Cal. Rptr. 3d __, 2012 WL 3631266 (Cal. Ct. App. Aug. 24, 2012

NLRB ALJ applies controversial D.R. Horton class waiver decision

Hogan Lovells
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USA
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July 11 2012

On 2 July 2012, a National Labor Relations Board (the NLRB or “Board”) Administrative Law Judge (ALJ) found unlawful under Section 8(a)(1) of the National Labor Relations Act (the NLRA) an employer’s mandatory arbitration procedure that prohibited class or collective actions against the employer unless all parties agreed otherwise

Telling moment employee not obliged to disclose plans to set up in competition

Hogan Lovells
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USA
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July 9 2012

The Court of Appeal has held in Ranson v Customer Systems plc that there was no breach of contract by an employee, who was not a director, in meeting clients during his notice period with a view to getting work for his own competing company

Supreme Court defines scope of FLSA’s overtime compensation requirement, declines to extend Auer deference to agency regulatory interpretation

Hogan Lovells
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USA
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June 21 2012

The United States Supreme Court held Monday in Christopher v. SmithKline Beecham Corp. that pharmaceutical sales representatives commonly known as “detailers” were not entitled to overtime pay under the Fair Labor Standards Act (FLSA), affirming the holding of the Ninth Circuit to the same effect

NLRB’s newest report scrutinizes social media policies and provides a sample lawful policy

Hogan Lovells
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Libya, USA
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June 13 2012

Acknowledging that “(e)mployee use of social media as it relates to the workplace continues to increase, raising various concerns by employers,” on 30 May 2012, the National Labor Relations Board (NLRB) Acting General Counsel Lafe E. Solomon issued his third and latest report on social media cases

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