Labor & Employment Law Update

The attorney-client privilege gives employers critical protection in the event of a lawsuit, but courts will not hesitate to declare that employers have forfeited those protections if they are not careful. Worse, once an employer has lost the protection of the attorney-client privilege, the documents and conversations over which the […]

On July 21, 2014, President Obama signed Executive Order (“EO”) 13672 extending workplace protections to lesbian, gay, bisexual and transgender (“LGBT”) Americans in the federal contracting workforce. The order instructed the Department of Labor (“DOL”) to update the rules implementing EO 11246—which already protects workers employed by or seeking jobs […]

In Gaver v. Schneider’s O.K Tire, Co., Gaver had an agreement with Schneider’s which contained a restrictive covenant on post-employment competition. The consideration for the agreement, signed at the outset of employment, purported to be participation in the company profit sharing plan. The profit sharing plan did not contain any […]

The DOL released a new set of Frequently Asked Questions (“FAQs”) on November 6, 2014, which seek to clarify its prior guidance with respect to the treatment of certain premium reimbursement arrangements under the Affordable Care Act (the “ACA”) and which could have a significant impact on how certain employers […]

In another effort to support unions, the National Labor Relations Board issued a significant and long-awaited decision yesterday that gives most employees the right to use their employers’ email systems to encourage employees to form and support a labor union. In Purple Communications, Inc., 361 NLRB 126 (December 11, 2014), […]