A case heard by the National Labor Relations Board discusses the law concerning the legal duty to reduce a collective bargaining agreement to writing, and then sign it, according to a post on the Proskauer Labor Relations Update.

Partner Mark Theodore explains:

“Among other things, a signed agreement serves as an absolute bar to employees filing a decertification petition during the term of the agreement (with some timing limitations), while an unsigned agreement does not bar such a petition. A signed agreement also, obviously, is more easily enforced as it signifies to the entire world that this is the deal, and that the parties signed it after evaluation of its terms.”

Read the article.

Hunton & Williams LLP announces the expansion of its national labor and employment practice with the addition of partners Michele J. Beilke and Julia Y. Trankiem and two associates in Los Angeles.

“As employment laws become increasingly complex, we are focused on growing the capabilities of our national practice, especially in geographic regions that are important to our clients,” said Emily Burkhardt Vicente, co-chair of Hunton & Williams’ labor and employment group and a partner in the Los Angeles office. “Michele and Julia are exceptional lawyers who bring a wealth of experience to our already robust employment practices in Los Angeles and San Francisco. Their team’s strong commitment to client service mirrors our own, and we are excited to have them join our team in California.”

Rafael Tumanyan and Sonya Goodwin are also joining the firm as associates in the Los Angeles office. All four came to the firm from Reed Smith LLP.

Beilke has nearly two decades of experience representing employers in California. Her practice focuses on the defense of state and national wage and hour class and collective actions, and single- and multi-plaintiff discrimination and harassment claims. She also counsels and trains employers on a wide range of employment law issues, including compliance with state and federal leave laws, accommodation requirements for workers with disabilities, sexual harassment prevention and managing reductions in force. Beilke has successfully tried numerous cases to verdict in both state and federal court and in arbitration. Beilke received both her undergraduate and law degrees from the University of Southern California.

“Our experience is a perfect match for Hunton’s practice and growing footprint in Los Angeles and the San Francisco Bay area,” Beilke said. “We have all spent our careers in California litigating many of the same types of cases Hunton’s practice is known for, so we are thrilled to be part of the team here with a national platform,” Trankiem added.

Trankiem has represented employers in class, collective, representative and hybrid actions brought under the Fair Labor Standards Act and state wage and hour laws. She also has defended employers in countless single- and multi-plaintiff discrimination, harassment and retaliation claims. Trankiem advises and counsels her clients regarding every facet of the employment relationship. She is active in local and national organizations, including the California Minority Counsel Program and the National Employment Law Council. She received her undergraduate degree from University of California, Los Angeles, and her law degree from University of Michigan Law School.

“Michele’s and Julia’s practices align with Hunton’s strengths in several leading industries, including financial services, retail and consumer products, and real estate development and finance,” said Ann Marie Mortimer, managing partner of the firm’s Los Angeles office and head of the energy and environmental litigation practice.

The firm’s national labor and employment practice has successfully litigated thousands of high-profile, high-risk matters in federal and state courts, hearings before federal and state law enforcement agencies, and mediations and arbitrations. The lawyers in the group represent clients in nearly every form of traditional and emerging labor and employment disputes, concerning issues at the forefront of new employment class and collective litigation trends across the country.

Of all the blockbuster cases at the Supreme Court this year, Janus v American Federation of State, County and Municipal Employees (AFSCME) is expected to hold the fewest surprises, according to The Economist.

Janus, which is due to be argued on Feb. 26, asks whether public employees who choose not to join their designated union may nevertheless be charged “agency fees” to support collective bargaining. Non-members of a union may be required to subsidize contract negotiations over salary, benefits and working conditions. But those workers can’t be charged fees for a union’s political efforts, such as lobbying.

The Economist explains: “Janus is at bottom a bid to undermine America’s labour movement. The case is not presented that way; it arrives at the Supreme Court in First Amendment wrapping by express invitation from Justice Samuel Alito in a pair of recent cases.”

Read The Economist‘s article.

A Sixth Circuit ruling in a recent case shows that an employer’s notice of its institution of a mandatory arbitration policy or program is, without more, insufficient to compel an employee to arbitrate a subsequent dispute, writes Gilbert Samberg in Mintz Levin’s ADR: Advice From the Trenches blog.

He explains that something more is required in order to be able to infer the employee’s knowing assent to the new term of employment. The new “Employment Dispute Resolution Process” (EDRP) was promulgated after the plaintiffs had commenced employment.

Samberg writes that the appellate court “determined that the employer’s failure to notify the employees expressly that ‘they would accept the terms of the EDRP by continuing their employment’ was a critical omission, and thereupon held that the employees had not manifested knowing assent merely by continuing to work at FCA.”

Read the article.

Bloomberg is reporting that a group of Lanetix Inc. software engineers in San Francisco and Washington, D.C., were laid off for trying to join a union, according to organizers working with the group and a complaint obtained by Bloomberg Law.

“The move came less than two weeks after the workers filed a petition to join a CWA unit and days before a union election hearing scheduled for Jan 31,” according to the report by Hassan A. Kanu and Josh Eidelson. “The workers said the company told them the layoffs were due to lackluster fourth quarter performance last year, Fiedler said.”

A CWA executive director told the reporters the company said it was “looking at moving their engineering operations overseas.”

Read the Bloomberg article.

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Employers can find good news and some bad news in Seyfarth Shaw’s 14th Annual Workplace Class Action Litigation, which analyzes 1,408 rulings.

The firm has posted the 57-page report on its website and has created a microsite that provides a brief overview of the survey’s findings.

David Shadovitz of Human Resource Executive also has written a summary of the report.

Shadovitz offers the good news for employers from the report: “Legal precedents and new defense approaches resulted in better statistical outcomes for employers in opposing class-certification requests for the second straight year. For instance, in wage-and-hour litigation—one of the more active categories of employment law—employers won 63 percent of decertification rulings, a success rate of nearly 20 percent from the year before.”

On the other side of the coin, he writes, the monetary value of the top workplace class-action settlements jumped more than $1 billion to a record high of $2.72 billion.

Read the Seyfarth report.

Senior officials with the National Labor Relations Board have expressed concern over a plan outlined by the board’s new general counsel to demote the senior civil servants who resolve most labor cases, reports The New York Times.

Peter B. Robb, the agency’s general counsel and a Trump appointee, outlined the proposal this month in a conference call with the civil servants

“Under the proposal, those civil servants — considered by many conservatives and employers to be biased toward labor — would answer to a small cadre of officials installed above them in the National Labor Relations Board’s hierarchy,” explains Noam Scheiber.

The result could be result in a system friendlier to employers named in complaints of unfair labor practices or facing unionization drives.

Read the Times article.

Litigators are settling more cases as labor agencies and federal courts fill up with business-friendly appointees, reports Bloomberg.

“While employers across the U.S. paid a record amount in settlements for workplace violations last year, don’t expect this to mark the beginning of a trend. Think of it more as the storm before the calm, as labor lawyers rush to lock in payouts ahead of a shifting legal landscape,” writes Rebecca Greenfield.

She quotes Paul DeCamp a lawyer at Epstein Becker & Green who represents employers:

“I think that what we see is a race to settle. I’ve seen it in my practice. Cases that plaintiffs’ counsel felt very strongly about and seemed more bullish and willing to go to trial—since the election they were more eager to settle those cases.”

Read the Bloomberg article.

The Hill reports that the National Labor Relations Board is delivering a flurry of wins to businesses now that it has a Republican majority under President Trump.

In recent days, the independent board tasked with enforcing fair labor practices and collective bargaining rights overruled three Obama-era rules in a series of 3-2 rulings, writes reporter Lydia Wheeler.

One of the rules, which employers had opposed for years, was a controversial NLRB decision that changed the definition of a joint-employer. That rule could have put employers on the hook for labor law violations committed by their subcontractors in some cases.

Read The Hill article.

American labor laws normally protect workers from retaliation for unionizing, but billionaire CEO Joe Ricketts seems to have used a dramatic exception when he closed his news websites after some workers voted to unionize: A business may always close its operations entirely.

Francie Diep, a reporter for the Pacific Standard, writes that all of the publcations’ offices — including those in San Francisco, Los Angeles, Chicago and Washington, which had not voted to unionize — are now closed.

“If lawyers decide to pursue a case charging that Ricketts acted illegally, they’ll have to prove that some part of the business is still operating — say, if Ricketts were tied to another media company somehow — or that, after the shutdown, Ricketts opened up a similar business elsewhere,” Diep writes.

Read the Pacific Standard article.

The CEO of a group of digital local news sites shut down the publications a week after reporters and editors in the combined newsroom of DNAinfo and Gothamist voted to join a union, reports The New York Times.

Joe Ricketts, the billionaire founder of TD Ameritrade, owned the sites.

“For DNAinfo and Gothamist, the staff’s vote to join the Writers Guild of America East was just part of the decision to close the company, write Andy Newman and John Leland.

“The decision by the editorial team to unionize is simply another competitive obstacle making it harder for the business to be financially successful,” said  a spokeswoman for DNAinfo.

Read the NYT article.

The New York Times reports that, as National Football League team owners consider President Trump’s call to fire players who refuse to stand for the national anthem, they have stumbled into one of the most consequential debates in today’s workplace: How far can workers go in banding together to address problems related to their employment?

Reporter Noam Scheiber writes that, since Trump’s call for firing players, their demonstrations now could constitute labor activity that’s federally protected, explains Matthew Bodie, a law professor at St. Louis University who is a former attorney for the labor board.

“If they’re standing up for other players’ rights to kneel in the context of their job and keep their job, it seems to me to be protected concerted activity,” Bodie said.

Read the NYT article.

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When the Supreme Court opens its 2017 term on the first Monday in October, its very first cases will serve as a stark reminder of why elections matter, predicts USA Today.

Reporter Richard Wolf writes that the upcoming term stands “a real chance of being a one-two punch against workers’ rights,” says Claire Prestel, associate general counsel for the Service Employees International Union.

Wolf points out how things have changed:

When the court was asked to hear three cases on labor arbitration agreements last September, Barack Obama was president, Hillary Clinton was heavily favored to succeed him, and federal appeals court Judge Merrick Garland was in line to replace the late Antonin Scalia. Garland had a strong record of defending workers’ rights.

Read the USA Today article.

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Employment and labor law firm Littler has added Donald C. Dowling Jr. as a shareholder in the New York office. Previously a partner with K&L Gates and prior to that a partner with White & Case, Dowling joins Littler with extensive experience counseling U.S.-based multinational companies on cross-border employment issues.

“As we continue to expand our global platform, adding lawyers like Don with deep experience counseling multinational employers on regulatory and compliance issues is an important part of our growth strategy,” said Tom Bender and Jeremy Roth, co-managing directors of Littler, in a joint statement.

Peter Susser, chair of Littler’s International Employment Law Practice Group added: “Don is among the world’s leading lawyers advising U.S.-based companies on outbound international labor and employment laws. He will provide valuable counsel to our clients as they navigate an increasingly complex legal and regulatory landscape with regard to operating across borders.”

In a release, the firm said Dowling provides counsel on global employment law matters, including codes of conduct and HR policies that guide operations in multiple jurisdictions, international compensation and benefits issues, whistleblower hotlines, and cross-border internal investigations and HR compliance audits. He regularly advises clients on employment matters that arise with international restructurings, reductions in force, mergers, acquisitions, and outsourcing. Additionally, Dowling helps clients properly engage independent contractors overseas, manage expatriate programs, and develop employment agreements and employee handbooks, the firm said.

“I have been counseling U.S.- and foreign-based companies with global operations for many years and have long respected Littler’s reputation and capabilities in the global arena,” Dowling said. “Littler’s growth in recent years, particularly in Europe and Latin America, is impressive and I am excited to join forces with the firm’s top-notch international lawyers, who are among the best in the industry.”

Earlier in his career, Dowling served as in-house international employment counsel for a Fortune 500 company in Paris and as an employment law consultant for a global consulting firm. He has delivered hundreds of presentations on international employment law issues in English and Spanish in countries around the world, and regularly publishes articles and teaches courses on a variety of global employment law topics.

Stephan Swinkels, a shareholder who helps lead the development and integration of the firm’s international practice, added: “Don has a well-earned reputation globally as a knowledgeable and talented practitioner. His practice nicely complements our approach to serving the wide-ranging needs of the global employer community and we are excited to welcome him to the firm.”

Dowling is on the Advisory Board for New York University School of Law’s Center for Labor & Employment Law. He was formerly chair of the cross-border HR group, XBHR, and has chaired international employment law committees associated with several bar associations, including the International Bar Association, the American Bar Association, the New York State Bar Association, the Chicago Bar Association and the Cincinnati Bar Association. Dowling is regularly recognized as a leader in labor and employment law by such organizations as Chambers USA, Legal 500, and Who’s Who Legal.

Dowling received his J.D. from the University of Florida Levin College of Law and his A.B. from the University of Chicago.

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A former Fiat Chrysler executive has been charged with looting a training center for blue-collar workers by giving $1.2 million through a variety of ways to a UAW leader, his wife and other senior union officials, according to an Associated Press report.

The ex-exective is Al Iacobelli, who was indicted in an alleged conspiracy involving the late United Auto Workers vice president General Holiefield and Holiefield’s widow, Monica Morgan.

“The indictment describes a multiyear scheme to reward Holiefield and Morgan with first-class travel, designer clothing and jewelry. A $262,000 mortgage on their home in suburban Detroit was paid off, according to the grand jury,” write Ed White and Tom Krisher. “Iacobelli treated himself to more than $350,000 for a Ferrari, the government alleged.”

Read the AP article.

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Blank Rome LLP announces that Laura Reathaford has joined the firm as a partner in the Labor and Employment group in the Los Angeles office. She joins from Venable LLP.

In a news release, the firm said Reathaford focuses her practice on management-side employment litigation, with special emphasis on representative actions under the Private Attorney General Act (PAGA) and other wage and hour collective and class actions. PAGA allows aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. The act represents a significant threat to California employers and is in a constant state of change, requiring the most experienced, creative defense counsel.

“We are very excited to welcome Laura to the Firm,” said Alan J. Hoffman, Blank Rome’s Chairman and Managing Partner. “Laura is well known to our labor and employment team for her leadership in the defense of wage and hour claims, especially claims brought under PAGA. She brings considerable strength to this essential labor and employment capability in California, and adds equally considerable strength more broadly across the spectrum of defense-side labor and employment law for our clients across the country.”

The release continues:

Reathaford is a distinguished litigator across the full range of employment disputes, including claims for wrongful termination, sexual harassment, unpaid wages, discrimination, and union grievances. She is also an experienced trial attorney having achieved favorable judgments in numerous PAGA actions, as well as FLSA actions and in single plaintiff retaliation matters. In addition to high-stakes litigation, Reathaford counsels clients on termination issues, employee handbooks, leave and disability rules, and California and federal wage and hour laws. She represents the management of public and private businesses in the manufacturing and grocery industries, as well as in banking, healthcare, and telecommunications, both in California and nationwide.

“Still a relatively new law, PAGA is constantly evolving and our clients in California need the most experienced counsel to respond creatively and effectively to a rapidly increasing number of claims,” said Scott F. Cooper, Partner and Co-Chair of the Firm’s Labor and Employment practice. “Just recently, the California Supreme Court approved class-action like discovery of employee contact information in representative PAGA cases. Laura has been ahead of the curve on PAGA since the beginning. And as we field a growing number of calls from clients regarding PAGA, they will quickly see the benefits of having Laura join our team.”

“The labor and employment group at Blank Rome offers clients an exceptional depth and breadth of talent that I am excited to join and help grow,” said Reathaford. “I also look forward to once again collaborating with Partner Howard M. Knee, with whom I have worked before, as well as contributing high-level client service and legal practice to the Firm as it continues to expand both locally and nationally.”

“Laura will be a tremendous resource to the Firm’s ongoing commitment to diversity and inclusion, particularly with regards to our Women’s Forum,” adds Brooke T. Iley, Partner and Co-Chair of the Firm’s Labor and Employment practice. “Her previous role and experience in leading women’s diversity initiatives at Venable will be instrumental in advancing not only Blank Rome’s affinity groups, but also our firm’s efforts in diversifying the legal profession at large. I am excited for the new insights that she will bring to the table, which will greatly benefit both our clients and Firm.”

Reathaford earned her J.D. from Dalhousie University in Halifax, Nova Scotia, and B.Comm. from the University of Alberta.

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Michael Best announced it has added Bethany C. McCurdy to its Milwaukee office as senior counsel in the firm’s Labor & Employment Practice Group. McCurdy will concentrate her practice on management side employment law.

“As an experienced employment counselor and litigator, Bethany will be a powerful addition to our team,” said Amy Schmidt Jones, Chair of Michael Best’s Labor & Employment Relations Practice Group. “I’m confident that her aptitude for advising clients through various aspects of the employment relationship will continue to accelerate our presence here in the Midwest.”

Prior to joining Michael Best, McCurdy was a member of Petrie + Pettit where she defended employers through a wide breadth of employment related disputes and litigation matters including disability, family and medical leave, wage and hour, discrimination and workplace harassment.

“We’re thrilled that Bethany will be joining us here in Milwaukee,” said Danielle Bergner, Michael Best’s Managing Partner of the Milwaukee office. “Her dedication and determination to resolve client matters, particularly so in the manufacturing sector, will be a huge advantage to those she represents.”

“The decision to join Michael Best presents a wonderful opportunity for me,” said McCurdy. “The firm continues to expand and find new and interesting ways to better advise their clients and I’m certain that my colleagues and I will continue to enrich the L&E group.”

McCurdy received her J.D. from Marquette University Law School and her Bachelor’s Degree in Journalism and Sociology from the University of Wisconsin-Madison.

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Jeffrey L. Papa, former chief of staff and chief legal counsel for the Indiana Senate, has rejoined Barnes & Thornburg LLP as a partner in the firm’s Labor & Employment Law Department.

Papa, who was an attorney at the firm from 2001 to 2007, will focus his practice on immigration matters.

“We are excited to welcome back Jeff to the firm to assist our business clients with their immigration issues,” said Brian L. Burdick, managing partner of Barnes & Thornburg’s Indianapolis office. “Jeff’s experience and understanding of immigration laws will greatly benefit businesses that continue to deal with the changing immigration environment as they seek to attract and retain talent to meet their objectives.”

During his previous stint at Barnes & Thornburg, Papa counseled clients on a number of issues, including nonimmigrant status and visa issues, as well as permanent residency matters. His work also included government relations.

In addition to his work in the Indiana Senate, Papa previously served as mayor of the Town of Zionsville and as Zionsville Town Council President.

Papa is active in several different initiatives, including co-founder and strategic advisor of Zionsville’s co-working space, zWorks. Additionally, he serves on the U. S. Global Leadership Coalition Indiana Advisory Committee.

He also is deeply involved in the community. He founded the Youth Enhancement and Training Initiative (YETI), a local nonprofit organization that raises operating funds for a Nepali orphanage.

Papa earned his J.D. and a master’s degree from the Indiana University Robert H. McKinney School of Law. He earned a doctorate in education administration and leadership from Indiana State University and a graduate certificate in higher education and student affairs from Indiana University. He also holds a master’s degree in business economics from Ball State University and a bachelor’s degree in economics from Rose-Hulman Institute of Technology.

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Akerman LLP has expanded its Labor & Employment Practice Group with partners Angela Hart-Edwards in Washington, D.C., Colin Barnacle in Denver, Denise Gavica Perez in Miami and Rory McEvoy in New York. They work with employers in the healthcare, hospitality and restaurant sectors, among others, the firm said in a release.

“Angela, Colin, Denise and Rory are exceptional lawyers who bolster Akerman’s national strengths in employment litigation and compliance,” said Eric Gordon, chair of Akerman’s Labor & Employment Practice Group. “Employers today are faced with a new set of uncertainties brought on by significant shifts in U.S. employment and immigration policies. The expansion of our team in New York, Denver, Miami and Washington, D.C., advances our ability to problem-solve on the ground with our clients while serving their interests nationally.”

The release continues:

Angela Hart-Edwards
Hart-Edwards is a former Trial Attorney for the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice Civil Rights Division. She also served as an Assistant U.S. Attorney for the U.S. Attorney’s Office for the District of Columbia. She focuses her practice in the areas of employment and civil rights law, government investigations and corporate compliance, and federal sector EEO employment law. With more than 20 years of experience as a trial lawyer, Hart-Edwards represents corporations and their executives in labor and employment related litigation, class/collective actions, agency proceedings, arbitrations and mediations and investigations. She also provides EEO services and defensive federal sector employment litigation services to agencies.

Hart-Edwards regularly advises management on litigation avoidance, negotiates and prepares employment and related agreements, provides human resource and EEO regulatory compliance counseling and training, and serves as corporate diversity counselor. Her clients represent a diverse range of industries including manufacturing, logistics, utilities, higher education institutions, technology, nonprofit, government, healthcare, staffing, retail, and hospitality. She also serves as General Counsel to the Commissioners of the Maryland Commission on Civil Rights and as an advisor to The Council for Federal EEO and Civil Rights Executives.

Colin Barnacle
Barnacle focuses his practice on labor and employment litigation, compliance counseling, corporate governance counseling and investigations, and non-compete and trade secret enforcement. He regularly advises and defends clients in response to the EEOC and the Office of Federal Contract Compliance Programs (OFCCP), including systemic discrimination investigations and related class actions. He has represented employers in all aspects of employment law before state and federal agencies and courts, including wage and hour collective/class actions under the Fair Labor Standards Act (FLSA), Title VII discrimination and sexual harassment, as well as actions under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and state workers compensation laws. He is also experienced in Older Workers Benefit Protection Act (OWBPA) compliance, Worker Adjustment and Retraining Notification Act (WARN) compliance during mass layoffs, and employee-related issues surrounding corporate transactions. Barnacle represents food companies throughout the supply chain, including growers/shippers, manufacturers, distributors, retailers and food service businesses.

Barnacle brings years of in-house legal experience having served as Division General Counsel for Americas Fresh Foods, The WhiteWave Foods Company (NYSE: WWAV), a leading consumer packaged food and beverage company, and as Assistant General Counsel for The Gates Corporation, a global diversified manufacturer of industrial and automotive products.

Denise Gavica Perez
Gavica Perez focuses her practice on corporate immigration matters, with a strong emphasis in the healthcare sector. She routinely counsels hospitals seeking to obtain non-immigrant and immigrant visas for employees including physicians, nurses, residents, pharmacists, fellows, medical technologists, as well as staffing agencies tasked with recruiting healthcare professionals. She also has 18 years of practice representing companies within the financial services, technology, sports and entertainment, hospitality, higher-education, construction and engineering sectors.

Gavica Perez regularly provides legal counsel to entrepreneurs and high-net-worth individuals regarding investment-based immigration, including the EB-5 Immigrant Investor Program, and she advises clients on the full range of immigrant visas, labor certifications, and U.S. citizenship matters. She has experience managing the immigration compliance programs for multinational corporations and institutions engaged in a wide range of activities and industries, including financial services, technology, sports and entertainment, higher-education, construction and engineering. She also has represented companies in connection with Department of Homeland Security (DHS), Form I-9 (Employment Eligibility Verification) audits, and Department of Labor/Wage and Hour Division immigration-related investigations.

Rory McEvoy
McEvoy focuses his practice on labor and employment matters, including litigation in federal and state courts and agencies. He routinely handles matters involving collective bargaining, arbitrations, unfair labor practices and union representation proceedings before the National Labor Relations Board (NLRB). He also represents clients in all aspects of the employment relationship, including non-compete litigation, breach of employment contracts, wage and hour matters and defamation.

McEvoy represents many of New York’s large hospitals and healthcare systems. He also represents clients in other sectors, including financial services, philanthropic religious organizations, technology and educational institutions, among others.

Akerman has welcomed 17 lawyers to its Labor & Employment Practice Group in less than 15 months, expanding nationally with additions in Chicago, Denver, Los Angeles, Miami, New York, Orlando and Washington, D.C. Other notable arrivals include Immigration Planning & Compliance Practice Chair Maria Casablanca in Miami; employment litigators Bran Noonan and Sarir Silver in New York, Lillian Chaves Moon in Orlando and Rachel Schumacher in Los Angeles.

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Some former NFL players are receiving pitches for legal help in receiving checks from the league’s legal sports history aimed at retirees who sued for lying about the dangers of concussions suffered by the players.

Ken Belson of The New York Times writes, “Some players may get very little, but others with severe neurological diseases may receive as much as $5 million. Now lawyers, lenders and would-be advisers are circling, pitching their services and trying to get a cut of the money.”

Some of the ex-players with severe neurological disorders are cognitively impaired and may not understand the terms used by the lawyers who make the pitches.

Read the NYT article.