February 05, 2015 | New York Law Journal
NLRB Update: Significant Rulings for EmployersIn their Labor Relations column, John P. Furfaro and Risa M. Salins review recent precedent-changing decisions from the National Labor Relations Board that involve standards for deferring NLRB action in favor of arbitration procedures under collective bargaining agreements, the presumption that employees may use their employer's email system to engage in statutorily protected communications about terms and conditions of employment, classifying workers as independent contractors, and more.
By John P. Furfaro and Risa M. Salins
10 minute read
December 05, 2014 | New York Law Journal
Important Developments for Federal ContractorsIn their Labor Relations column, John P. Furfaro and Risa M. Salins write: With a recent string of Executive Orders signed by President Barack Obama and new rules published by the Department of Labor regarding employment practices of federal government contractors and subcontractors, it may seem overwhelming to keep track of all the new requirements.
By John P. Furfaro and Risa M. Salins
11 minute read
October 03, 2014 | New York Law Journal
Balancing Employee Rights and ConfidentialityIn their Labor Relations column, John P. Furfaro and Risa M. Salins write: Employers have long maintained confidentiality policies to restrict employees from disseminating classified company information. The need for confidentiality is imperative today in light of the widespread use of social media and recent online security breaches. However, employees have the right to discuss their terms and conditions of employment, and the National Labor Relations Board has thus wrestled with protecting company confidentiality and preserving employee rights.
By John P. Furfaro and Risa M. Salins
11 minute read
August 01, 2014 | New York Law Journal
Supreme Court Review: NLRB, ERISA, Affordable Care ActIn their Labor Relations column, John P. Furfaro and Risa M. Salins address this term's Supreme Court rulings on the validity of the 2012 recess appointments to the NLRB, the constitutionality of state "fair share" laws, the enforceability of contractual limitations periods in benefit plans governed by ERISA, whether a special presumption of prudence applies to fiduciaries of ESOPs and religious exemptions to the contraceptive mandate imposed under the Affordable Care Act.
By John P. Furfaro and Risa M. Salins
11 minute read
June 06, 2014 | New York Law Journal
Supreme Court on Severance, Affirmative Action, SOX, FLSAIn their Labor Relations column, John P. Furfaro and Risa M. Salins address the court's rulings in cases involving rights of a state's citizens to repeal affirmative action policies, the scope of the whistleblower provisions of the Sarbanes Oxley Act, the meaning of donning and doffing clothes under the Fair Labor Standards Act and whether severance pay is subject to withholding taxes.
By John P. Furfaro and Risa M. Salins
10 minute read
April 04, 2014 | New York Law Journal
Government Focus on Fair Labor StandardsIn their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom, write that with more wage and hour scrutiny by the Labor Department likely after President Obama's signing of a Presidential Memorandum aimed at revamping overtime eligibility rules, it is a good time to review protections afforded to employees under the FLSA, penalties for noncompliance and the joint employer, hot goods and successor theories of liability under the law.
By John P. Furfaro and Risa M. Salins
11 minute read
February 07, 2014 | New York Law Journal
'Leaning In' Makes Legal Sense for EmployersIn their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom write: Engaging with employees on sensitive personal issues is serious business but, if undertaken correctly, can be a win-win for employees and employers.
By John P. Furfaro and Risa M. Salins
9 minute read
December 06, 2013 | New York Law Journal
Affirmative Action: New RequirementsIn their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom review final regulations expanding affirmative action obligations covering veterans and individuals with disabilities for companies contracting with the federal government or receiving subcontracts from primary contractors.
By John P. Furfaro and Risa M. Salins
8 minute read
February 01, 2013 | New York Law Journal
NLRB Update: Groundbreaking Rulings, but Will They Survive?In their Labor Relations column, Skadden, Arps, Slate, Meagher & Flom's John P. Furfaro and Risa M. Salins discuss recent board rulings touching on a variety of issues, including the confidentiality of internal investigations and witness statements, the obligation to bargain over discipline of bargaining unit employees where there is no collective bargaining agreement in place, whether a mandatory dispute resolution policy interferes with Section 7 rights and employer obligations in connection with backpay awards.
By John P. Furfaro and Risa M. Salins
11 minute read
June 01, 2012 | New York Law Journal
EEOC's New ADEA Regulations and Criminal Records GuidanceIn their Labor Relations column, John P. Furfaro and Risa M. Salins of Skadden, Arps, Slate, Meagher & Flom discuss a new regulation holding that the "reasonable factor other than age" defense applies to disparate impact claims, and guidance the EEOC said was needed as recent studies have shown disproportionately high conviction rates of African-American and Hispanic men.
By John P. Furfaro and Risa M. Salins
10 minute read
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