David E Schwartz

April 06, 2018 | New York Law Journal

Labor Relations David E. Schwartz and Risa M. Salins discuss recent significant reversals by the NLRB, including the Board's rulings on joint employer relationships, the standard for determining whether workplace policies applicable to represented and unrepresented employees violate the National Labor Relations Act, an employer's obligation to bargain prior to implementing changes consistent with past practice, and the ability of unions to organize so-called micro-units.

By David E. Schwartz and Risa M. Salins

9 minute read

February 01, 2018 | New York Law Journal

Labor Relations columnists David E. Schwartz and Risa M. Salins write: On Jan. 5, 2018, the DOL announced it would replace its six-part test for determining when an intern is entitled to minimum wages and overtime pay as an employee under the Fair Labor Standards Act. The DOL's new test allows courts to examine the economic realities of the intern-employer relationship to determine which party is the “primary beneficiary” of the relationship.

By David E. Schwartz and Risa M. Salins

9 minute read

November 30, 2017 | New York Law Journal

Labor Relations columnists David E. Schwartz and Risa M. Salins examine New York City's restrictions on questioning applicants about their salary history, criminal backgrounds and credit information.

By David E. Schwartz and Risa M. Salins

9 minute read

October 05, 2017 | New York Law Journal

In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss recent decisions addressing what happens when an attorney uses confidential information to blow the whistle on a current or former client, and examine key considerations governing attorney conduct in whistleblower cases.

By David E. Schwartz and Risa M. Salins

9 minute read

August 03, 2017 | New York Law Journal

Labor Relations columnists David E. Schwartz and Risa M. Salins review U.S. Supreme Court decisions regarding whether the former acting general counsel of the National Labor Relations Board properly served in that role after his nomination to serve as its general counsel on a permanent basis; whether pension plans maintained by certain church-affiliated employers, but not established by a church, qualify for the church plan exemption under the ERISA; and whether qui tam whistleblower suits brought under the False Claims Act are subject to mandatory dismissal when the FCA's requirement to keep such complaints under seal is violated.

By David E. Schwartz and Risa M. Salins

9 minute read

June 01, 2017 | New York Law Journal

Labor Relations columnists David E. Schwartz and Risa M. Salins discuss U.S. Supreme Court decisions from the 2016-17 term pertaining to protections for transgender individuals; the standard of review of a district court's decision to enforce or quash an EEOC subpoena; whether priority rules for WARN Act creditors apply in the context of a structured dismissal of a bankruptcy proceeding; and whether a state court rule that disfavors arbitration agreements violates the Federal Arbitration Act.

By David E. Schwartz and Risa M. Salins

8 minute read

April 06, 2017 | New York Law Journal

Labor Relations columnists David E. Schwartz and Risa M. Salins discuss the Obama-era labor regulations that have been targeted by Congress and current legislative initiatives regarding unions, class actions and family leave.

By David E. Schwartz and Risa M. Salins

31 minute read

September 27, 2010 | National Law Journal

Employers covered by the act must prepare for the likelihood of increased and publicized complaints.

By David E. Schwartz and Caroline J. Honorowski

8 minute read

October 21, 2013 | New York Law Journal

David E. Schwartz and Madeline Stavis of Skadden, Arps, Slate, Meagher & Flom write: The Dodd-Frank Wall Street Reform and Consumer Protection Act brought many changes to the whistleblower legal landscape. However, there seems to be some lingering confusion about the enforceability of a release of an employee's Sarbanes-Oxley or Dodd-Frank whistleblower claim.

By David E. Schwartz and Madeline Stavis

10 minute read

September 29, 2008 | National Law Journal

Employers may be surprised to learn just how far Title VII reaches. Federal court decisions increasingly are in agreement that Title VII claims may be brought on the basis of interracial spousal, romantic and other familial relationships. However, courts are split as to whether such claims may be brought on the basis of other types of associational relationships, such as friendship. Claims of associational discrimination present unique challenges, and courts have not settled on a consistent approach to these cases.

By David E. Schwartz and Erik K. Ludwig / Special to The National Law Journal

11 minute read