John P Furfaro

December 07, 2012 | New York Law Journal

In their Labor Relations column, John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, a counsel at the firm, write that most employers establish policies to advance diversity, either as a social good in its own right or as a means of offering better goods and services and competing more effectively in a global marketplace.

By John P. Furfaro and Risa M. Salins

11 minute read

October 04, 2013 | New York Law Journal

In their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom review recent cases addressing successor employer liability under several federal employment statutes, including the Fair Labor Standards Act, the Employee Retirement Income and Security Act and the Family and Medical Leave Act.

By John P. Furfaro and Risa M. Salins

11 minute read

October 05, 2012 | New York Law Journal

In their Labor Relations column, John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, a counsel at the firm, write that the Fourth Circuit recently held that the CFAA may not be used to impose liability on an employee who is given lawful access to an employer's electronic information but later improperly uses that information and discuss a deepening circuit split over whether the CFAA is available for employers against rogue employees.

By John P. Furfaro and Risa M. Salins

11 minute read

October 02, 1999 | Law.com

This paper reviews recent developments under, and refinements of, the Ellerth/Faragheraffirmative defense in the courts and in Enforcement Guidance issued by the EEOC. These issues include (1) what constitutes a "tangible em ployment action" under the new standard; (2) the contours of the employer's duty of reasonable care; and (3) the employee's duty to limit or avoid harm.

By John P. Furfaro and Maury B. Josephson

13 minute read

April 06, 2012 | New York Law Journal

In their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom write that employees venting on far-reaching social networks have the potential to create workplace harassment issues, damage employers' business reputations and broadcast employers' confidential information to the world. Yet, there may be limitations on the actions employers can take without contravening the NLRA, regardless of whether their employees are represented by a labor union.

By John P. Furfaro and Risa M. Salins

11 minute read

August 02, 2013 | New York Law Journal

In their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom discuss decisions from the past term that made it more difficult for employees to succeed in Title VII retaliation claims, narrowed the class of employees who qualify as "supervisors" who can potentially create strict liability for employers in Title VII harassment cases, held an arbitrator does not exceed his powers under the FAA when he decides whether a contract authorizes class arbitration, and more.

By John P. Furfaro and Risa M. Salins

11 minute read

May 02, 2002 | Law.com

Heightened attention to concerns about workplace security will likely generate renewed focus on the permissible extent to which employers may use polygraph and other lie detector tests. An employer considering the use of lie detector technology, even in today's cautious environment, should remain cognizant of the numerous restrictions on the use of such tests under the Employee Polygraph Protection Act of 1988.

By John P. Furfaro and Maury B. Josephson

10 minute read

April 05, 2013 | New York Law Journal

In their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom review recent decision involving whether a collective bargaining agreement provision authorizing an employer to deduct union dues directly from an employee's paycheck survives the expiration of the agreement, employer confidentiality rules prohibiting employees from discussing salary information, and rights of nonmember dues objectors.

By John P. Furfaro and Risa M. Salins

11 minute read

August 03, 2012 | New York Law Journal

In their Labor Relations column,John P. Furfaro, a partner at Skadden, Arps, Slate, Meagher & Flom, and Risa M. Salins, a counsel at the firm, discuss decisions issued by the U.S. Supreme Court during the 2011-12 term, including a determination that that pharmaceutical sales representatives (PSRs) qualify as "outside salesmen" and are therefore exempt employees under the Fair Labor Standards Act.

By John P. Furfaro and Risa M. Salins

11 minute read

February 03, 2012 | New York Law Journal

In their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom discuss the rule to take effect in April that, according to the NLRB, will "reduce unnecessary litigation in representation cases," and according to opponents, "has no conceivable purpose but to make it easier for unions to win elections."

By John P. Furfaro and Risa M. Salins

9 minute read