Quarles & Brady LLP announced that Peter F. Asaad has joined the firm’s Washington, D.C. office, concentrating on immigration in its Labor & Employment Practice Group.

Asaad focuses on representing corporate clients and individuals on all business-related and employment-based visa matters. He represents U.S. companies and multinational corporations in helping manage their employees’ employment eligibility needs and develop effective streamlined immigration and compliance programs. He also specializes in the needs of immigrant entrepreneurs, start-ups, and foreign investors in creating U.S. subsidiaries and affiliates as well as new U.S. businesses. He has additional expertise in advising individuals with employment and family-based immigration, asylum, deportation, and other immigration matters.

He received his law degree, cum laude, from the American University, Washington College of Law and his bachelor’s degree, cum laude, from the University of Rochester.

Barnes & Thornburg has added partner Fred Schwartz to its Chicago office as a member of the Labor & Employment Department. Schwartz joins from Littler Mendelson, where he was a founding member of the Chicago office and once served as managing shareholder.

Schwartz is the seventh partner and 12th attorney overall to join the firm’s Chicago office this year, the firm announced.

Schwartz concentrates his practice on labor and management relations and regularly handles proceedings before the National Labor Relations Board, including representation elections and unfair labor practice charges, as well as collective bargaining and arbitrations. On the other side of the coin, he regularly counsels employers that wish to maintain a union free workplace, and is engaged to perform workplace audits and training for members of management.

Schwartz counts among his clients many leading manufacturers, wholesalers, retailers, healthcare providers, and construction and transportation companies, for whom he conducts management and union avoidance training and provides compliance counsel.

“When it comes to the most complex matters facing employers, Fred is among the best and is a relentless advocate on behalf of his clients,” said Mark Rust, managing partner of Barnes & Thornburg’s Chicago office. “He joins the firm’s deep bench of labor and employment practitioners and is the latest example of our significant growth trajectory in Chicago.”

He received his J.D., cum laude, from the University of Minnesota Law School and his B.S. from Cornell University’s School of Industrial and Labor Relations. He is admitted to practice in the state of Illinois and before the U.S. Supreme Court, the U.S. Court of Appeals for the Fourth, Sixth and Seventh Circuits, and the U.S. District Courts for the Northern District of Illinois and the Eastern District of Wisconsin.

Image by Gage Skidmore

Donald Trump’s power to nominate Supreme Court justices if elected to the White House is a threat to women workers, equal pay advocate Lilly Ledbetter and two union officials said, according to a report by Bloomberg Law.

Ledbetter was a former Goodyear tire plant supervisor who sued her employer after she discovered she was making less than her male colleagues after 20 years on the job. She lost that pay discrimination case at the Supreme Court in 2007. Congress responded by passing the Lilly Ledbetter Fair Pay Act to allow more time for claimants in federal pay bias claims.

“Ivanka Trump said during the Republican Convention that her father would likely look at the the pay bias issue,” reports Bloomberg’s Chris Opfer. “The AFL-CIO’s Shuler blasted the GOP nominee, however, for later saying on the campaign trial that he would expect his daughter to leave her job if she was being discriminated against.”

Read the article.

HR Daily Advisor will present a complimentary webinar discussing what the overtime changes mandated by the U.S. Department of Labor FLSA mean for employers and recommend strategies for meeting these new challenges.

The event, sponsored by Kronos, will be Thursday, August 25, beginning at 2 p.m. EDT.

The overtime changes will extend overtime pay protections to more than four million American workers, HR Daily Advisor says on its website. The implications are enormous, affecting everything from job classifications and time tracking to compensation and compliance policies.

Register for the webinar.

In a rare case interpreting the Worker Adjustment and Retraining Notification Act “sale of business” exception, the 8th U.S. Circuit Court of Appeals recently held in Day v. Celadon Trucking Servs., Inc. that a buyer of a business remained liable under WARN to the seller’s employees to whom the buyer did not make offers of employment, despite provisions in the asset purchase agreemen that placed all WARN Act liability on the seller, according to Epstein Becker & Green.

In the firm’s Financial Services Employment Law blog, Marc A. Mandelman wrote that the case involved a typical asset purchase transaction between Continental Express, Inc. and Celadon. Plaintiffs were a class of 449 former Continental employees who were not offered jobs with Celadon after the purchase of Continental’s trucking business.

“The key takeaway of the Day case for parties to a corporate transaction is that WARN liabilities are governed by statute, and the implications of WARN obligations and the sale of business provision of WARN must be carefully evaluated,” according to Mandelman.

Read the article.

Wearable electronic monitoring devices have been long used to help monitor an individual’s health and fitness, writes Karen Turner for The Washington Post. “But now wearable use is becoming increasingly common in the workplace to record, analyze and enhance worker productivity, raising concerns among lawyers and labor specialists who feel that it’s a step toward stripping employees of workplace rights.”

She quoted from a recent study by customer management software company Salesforce showing that 86 percent of U.S. companies plan to invest more in wearable applications on the job this year. And 40 percent are considering using wearables to monitor employee time management and real-time employee communication.

But some labor lawyers are concerned about unintended legal consequences. For instance, some employees might not be meeting productivity standards due to a medical condition or disability. And employers could be sued simply because they have access to physical data about their employees.

Read the article.

Image by NY Photographic

Barbara E. Hoey and Dustin E. Stark of Kelley Drye’s Labor and Employment group have a warning for New York employers – your non-compete agreements may be under attack.

In an article published on the firm’s Labor Day blog, the authors wrote that the office of the state’s attorney general recently reached settlements with two companies that require each to stop requiring incoming employees to sign non-compete agreements.

“The settlements clearly send a signal that the New York AG is critical of employers who require low-level employees to sign non-competes as a condition of employment. These agreements were never favored by New York courts, and this may be the time to re-think the broad use of such contracts,” according to the report.

“The take-away here is that if your company requires that all (or a large number of) employees sign non-compete agreements, you should re-examine this process. For one, a non-compete signed by a ‘low-level’ employee may not be enforceable anyway. Second, you do not want to wind up to be the next subject of an AG investigation,” they write.

Read the article.

Businesses need to have written protocols in place to deal with bankruptcy filings by their employees and independent contractors, or they risk serious sanctions and, potentially, punitive damages for violations of the bankruptcy laws, according to a report in Hunton & Williams’ Employment & Labor Law Perspectives blog.

The article discusses two scenarios: one in which the employer has unwittingly violated the Bankruptcy Code, and another in which the employer has knowingly violated the automatic bankruptcy stay by taking an action to collect a pre-bankruptcy debt from post-bankruptcy earnings.

“A process should be developed whereby notices relating to bankruptcy cases are channeled to a designated member of the legal or accounting team trained to immediately take action to ensure payments are correctly routed and stay violations are avoided,” the article says.

Read the article.

Foley & Lardner LLP announced that James Nicholas and Donald Schroeder have joined the firm’s Labor & Employment Practice as partners in the Boston office.

In a release, the firm said Nicholas represents and counsels employers on a wide range of federal and state employment issues, including wage and hour, employment classification, wrongful termination, discrimination and harassment, leaves of absence and the enforcement of noncompetition and nondisclosure agreements. He has represented clients in numerous actions before federal and state courts in cases involving claims for wage and hour violations, defamation and shareholder disputes, among others. A significant portion of his litigation experience involves defending employers against wage and hour class actions brought under the Fair Labor Standards Act and state wage and hour laws.

The release continues:

Schroeder has extensive national trial experience in state and federal courts representing Fortune 500 clients on a wide range of employment matters, including restrictive covenant litigation, wage and hour class actions and single plaintiff discrimination cases. His trial experience includes state and federal court jury trials, bench trials and employment arbitrations throughout the United States. Schroeder’s client base spans a number of industries including staffing, healthcare, sports, higher education and technology.

Schroeder also regularly handles traditional labor matters related to union avoidance training, unfair labor practice proceedings, union elections, mass picketing, labor arbitrations and collective bargaining negotiations. In his traditional labor work, Schroeder routinely appears before the National Labor Relations Board.

“We look forward to having Jim and Don on our team. Their strong track record litigating complex cases and vast experience will help ensure our clients remain compliant and protected across a myriad of employment issues,” said Kevin Hyde, chair of Foley’s Labor & Employment Practice.

In addition, both Nicholas and Schroeder have experience drafting C-Suite level employment agreements and advising clients on the terms and use of offer letters, employee handbooks and personnel policies.

“Our clients will benefit from Jim and Don’s decades of combined experience related to employment issues and proceedings. We are excited to add them to our robust litigation bench in Boston,” said Susan Pravda, managing partner of Foley’s Boston office.

In addition, they will be joined by their former colleagues, Jill Collins (Washington, D.C. office) and Erin Horton (Boston office), who are mid-level associates.

FedEx Ground Package System Inc. has agreed to pay drivers in 20 states $240 million to settle lawsuits claiming the second-largest U.S. parcel delivery company misclassified them as independent contractors, it said on Thursday, according to a Reuters report.

Reporter Daniel Wiessner said Beth Ross, lead lawyer for the plaintiffs, said in an email that the settlement, if approved, would be divided among 12,000 drivers, some of whom would receive tens of thousands of dollars.

FedEx previously contracted directly with independent operators in an effort to save on taxes, fringe benefits, health care costs, pensions and other workers’ costs.

“The deal, subject to approval by a federal judge in Indiana where the cases were consolidated, would end nationwide litigation claiming that because drivers were required to use company-branded trucks, uniforms and scanners, FedEx was their employer under federal and state laws,” Reuters reports.

Read the article.

The National Labor Relations Board (NLRB) has continued its assault on businesses and their ability to legitimately protect their computer systems and information against unauthorized non-business use by employees, writes Shawn E. Tuma, in Cybersecurity Business Law.

Tuma is a cybersecurity and data protection partner at Scheef & Stone, LLP.

“On May 3, 2016, an NLRB Administrative Law Judge struck down as overbroad a Computer Use Policy in Ceasars Entertainment Corporation d/b/a Rio All-Suites Hotel and Casino (NLRB Docket Sheet). The policy, titled Use of Company Systems, Equipment, and Resources, was part of the company handbook and stated that computer resources may not be used to do several things that were listed out and is standard in many similar policies,” he writes in his article.

Read the article.

Wal-Mart Stores Inc. would have to spend an additional $4.95 billion if it were to raise the minimum wage for its hourly employees in the United States to $15 per hour from the current $10 per hour, according to an estimate by the UC Berkeley Center for Labor Research, Reuters is reporting.

Study found that 1.1 million of the big retailer’s 1.5 million employees are paid hourly wages. An estimated 979,000 employees would get an increase if Wal-Mart went to $15 per hour.

Labor groups have been demanding a $15 minimum wage for the company’s workers, and the “Fight for Fifteen” movement has been a topic of discussion during the U.S. presidential campaign, reports Nandita Bose.

Read the article.

Masimo Corp. founder and CEO Joe Kiani

The top 500 chief executive officers in American companies earned 340 times the average worker’s wage last year, taking home $12.4m on average, according to an analysis by the AFL-CIO, reports The Guardian.

The union’s analysis found that the pay of executives leading the S&P 500 index of top companies actually dipped last year. The figure in 2014 for the same group was 373 times more than their workers, earning on average $13.5m.

“The marginal drop in pay comes despite some eye-watering payouts for the three highest-paid CEOs – Masimo Corporation’s Joe Kiani, Timothy Walbert of Horizon Pharma and Gamco Investors’ Mario Gabelli – who took home nearly $3bn between them, according to the AFL-CIO,” the Guardian story says.

The average production worker who does not hold a supervisory role,earned about $36,900 a year in 2015.

Read the article.

The lawyer who struck a $100 million deal with Uber Technologies Inc. is being accused of greed by some of the drivers covered by the accord who want her bumped, reports Bloomberg News.

“She has single-handedly stuck a knife in the back of every Uber driver in the country,” Hunter Shkolnik, a New York lawyer who’s pursuing his own cases against the ride-share service, said Friday in a phone interview with Bloomberg. “The entire class was thrown under the bus and backed over.”

Shkolnik asked the San Francisco federal judge who presides over the class-action settlement to remove Shannon Liss-Riordan as lead attorney. He says she sold out her clients by accepting a payout for California and Massachusetts drivers that’s less than 10 percent of the value of their claims “while she walks away with $25 million.”

Liss-Jordan labeled the claims as “uninformed,” “untrue and malicious.”

Read the article.

Opening arguments kicked off Thursday in a long-awaited National Labor Relations Board case that could, for the first time ever, put McDonald’s on the hook for labor violations committed by the company’s franchised restaurants, reports International Business Times.

The case could determine whether McDonald’s is a so-called joint employer of workers at its franchisees, the independently-owned businesses that make up 90 percent of the company’s roughly 13,000 stores in the U.S and employ the vast majority of its 420,000 workers, explains reporter Cole Stangler.

“In addition to making the company more liable for labor violations, a decision from the NLRB that McDonald’s is a joint employer would open the door for a union formed by workers at franchised stores to bring the parent company to the bargaining table,” according to the report. “Such a ruling could also set a precedent for other fast-food franchises, according to industry observers and legal experts.”

Read the article.

A proposed executive order could require certain government contractors to provide paid sick leave to certain employees at certain times, resulting to a new benefit for 437,000 employees who currently get no such benefit, and possibly augmenting the leave of about 400,000 more workers, according to U.S. Secretary of Labor Thomas Perez.

In a report written by the Federal Contractor Compliance Practice Group and Wage and Hour Practice Group of Paul Hastings LLP, contractors who disregard the new requirements beginning in 2017 can be subject to debarment, among other penalties, so it is important that contractors understand the proposed rules and plan to ensure compliance.

“Federal contractors certainly should examine their policies in light of the proposed regulations, but all employers operating in jurisdictions with paid sick leave laws should review their policies for compliance with state and local laws,” according to the article.

Read the article.

Akerman LLP, a top 100 U.S. law firm, has  announced Eric Gordon has assumed the role of Labor & Employment Practice Group Chair.

“Eric is an excellent labor and employment lawyer with a tremendous capacity for leadership and client service,” said Akerman Chairman and CEO Andrew Smulian. “The very personal attention Eric devotes to his colleagues and client relationships reflect the values of our firm. We look forward to the continued growth and success of Akerman‘s Labor and Employment Practice Group under his able direction.”

In a release, the firm said Gordon will work to grow the national practice group while overseeing the delivery of labor and employment services to Akerman clients. He also will continue to practice law, representing employers in labor and employment matters and in many key sectors such as telecommunications, hospitality, healthcare, retail, and financial services. He is a past president of the Human Resource Association of Palm Beach County and will serve as president of the South Palm Beach County Bar Association in 2017-2018. Prior to leading Akerman’s Labor & Employment Practice Group, Gordon served as the office managing partner of Akerman’s Palm Beach County offices.

Gordon succeeds James Bramnick, who will continue representing management in labor and employment matters. He also will work in the labor and employment practice through his role as a chair of Lex Mundi’s Global Labor and Employment Practice Group, the world’s largest law firm network.

In a case of first impression, the Third U.S. Court of Appeals recently ruled that federal bankruptcy courts may extinguish a Chapter 11 employer’s obligations under an expired collective bargaining agreement pursuant to Section 1113 of the Bankruptcy Code where such relief is necessary to permit reorganization, reports Buchanan Ingersoll & Rooney PC.

The case is In re: Trump Entertainment Resorts, 2016 WL 191926 (3d Cir. 2016).

“The Trump Entertainment case is significant for employers in reorganization, because it eliminates the need for union negotiations to reach an actual impasse before new terms can be implemented and, perhaps more importantly, it avoids the possibility that the NLRB could file a claim during the bankruptcy proceeding that would overturn a change in the employees’ terms and conditions of employment,” the firm writes.

Read the article.

Many employers think they understand employment laws like the Fair Labor Standards Act, 29 U.S.C. §201, et seq. (FLSA), only to find out – after costly litigation – that they were just plain wrong.

Assouline & Berlowe has prepared a white paper that highlights 10 of the most common mistakes that private, non-governmental employers (with a non-unionized work force) make when attempting in good faith to comply with employment laws.

The 10 mistakes range from, number 1, “Paying an employee a salary and assuming the employee need not be paid overtime,” to number 10, “Classifying all staff as independent contractors means you do not have to worry about the employment laws.”

Ellen M. Leibovitch, Head of Labor and Employment Practice at Assouline & Berlowe, wrote the paper.

Assouline & Berlowe is a business litigation and transactional law firm serving the business needs of local, national, and international clients. The firm has offices in Florida.

Read the white paper.

The National Labor Relations Board urged a federal district court in Kentucky to invalidate a county ordinance that prohibits the use of union-security provisions in collective bargaining agreements and regulates other practices that are either permitted or prohibited by federal law, reports Bloomberg BNA.

“Hardin County’s Ordinance 300 is preempted by the National Labor Relations Act, the board argued in a proposed amicus brief it submitted to the U.S. District Court for the Western District of Kentucky. The court is considering a lawsuit the United Auto Workers and other unions filed in January to challenge the ordinance,” the report says.

Read the story.