Category Archives: Educational Updates

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California Employers – New Year, New Rules in 2017

The new year will bring along a variety of new obligations for California employers.  Although some of the new laws clarify existing law and provide helpful guidance, several impose additional requirements.  This update highlights key provisions of some of the more notable changes taking effect in 2017.  Links to the statutes and/or prior updates regarding … Continue Reading

Beware of Email Requests from the C-Suite to Transfer Employee Data

Human Resources and payroll professionals are being targeted by sophisticated cyber criminals to steal employee data.  The email phishing scam works like this:  the bad guy sends an email to employees in the human resources or payroll department spoofing an email from a company executive, usually the CEO or CFO.  Email spoofing is the forgery … Continue Reading

New Year, New Rules For Employers Doing Business in California

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016.  Some of these laws impose new prohibitions on employers, while others provide positive benefits such as safe harbors, cure provisions, and employer incentives for reclassification of certain independent contractors.  This update highlights key provisions … Continue Reading

An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued proposed regulations addressing how the Americans with Disabilities Act (“ADA”) applies to corporate wellness programs.  These proposed regulations are intended to provide employers with guidance on how to encourage workers to participate in wellness programs without violating federal law.  Employers with wellness programs, or those who … Continue Reading

The NLRB’s Changes to Representation Case Procedures

Beginning on April 14, 2015, the National Labor Relations Board’s (“NLRB” or the “Board”) new representation case procedural rules will be applied to all representation petitions filed thereafter.  While the NLRB insists that the new rules “remove unnecessary barriers to the fair and expeditious resolution of representation cases” and “simplify representation-case procedures,” a closer reading … Continue Reading

U.S. Supreme Court Holds Agency Interpretations Are Not Subject To Notice-and-Comment Rulemaking Requirement

In 2004, the DOL revamped its regulations regarding the Fair Labor Standards Act (FLSA) administrative exemption.  In 2006, the Bush DOL issued an opinion letter finding that mortgage loan officers qualified for the administrative exemption.  In 2010, the Obama DOL withdrew the 2006 opinion letter and issued an Administrator’s Interpretation finding that mortgage loan officers … Continue Reading

Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015

The District of Columbia recently joined twelve other states[1] that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy.  The Protecting Pregnant Workers Fairness Act (the “Act” or “PPWFA”) of 2014 was passed on October 23, 2014 and is under Congressional review.  It is currently expected to become effective on March 3, … Continue Reading

The California Supreme Court Holds That Certain Security Guards Must Be Paid to Sleep

On December 31, 2014, the California Supreme Court held in Mendiola v. CPS Security Solutions, Inc. (Case No. S212704) that security guards who work shifts of 24 or more hours under Wage Order 4 must be compensated for their sleep time.  The Court also held that, under the particular facts of the case, the security … Continue Reading

New York Court Finds That Plaintiff Who Never Worked a Day For Company Is Not Entitled To A $350,000 Performance Bonus

On January 20, 2015, the United States District Court for the Southern District of New York issued a decision plainly reminding employers of the importance of precisely drafting employment documents.  In the case of In re Lehman Brothers Holdings Inc., 2015 WL 247403 (S.D.N.Y. Jan. 20, 2015), the Court held that a prospective employee, who … Continue Reading

Compensation Crisis in the Mortgage Industry

Best Practices for Competitive Compensation Systems and Practical Solutions to Avoid Costly Employee Lawsuits The mortgage industry is currently at risk for serious legal liability based on the growing number of employee claims for compensation. Your industry has been targeted by employees and their lawyers, and is now facing an avalanche of lawsuits, wage claims, … Continue Reading

What Keeps You Up at Night? An in-depth discussion of developments and hot topics in domestic and international labor and employment law

This breakfast briefing will cover recent developments in and best practices for drafting executive level employment agreements. In particular, this program will address the importance of properly constructed “for cause” and “good reason” severance triggers. In addition, the panel will cover employee mobility issues and apply “lessons learned” for drafting enforceable restrictive covenants, such as … Continue Reading

Employing a Global Workforce: What Keeps You Up at Night?

Today’s is an ever-changing global world. In some sense, all companies are global, from having websites accessible by persons overseas, to procuring from or selling products to foreign entities, to engaging employees or independent contractors. U.S. companies that rely on global talent must be cognizant of the ever increasing compliance requirements and subsequent enforcement actions. … Continue Reading

Breakfast With Your Labor Lawyer – Spring 2013

2013 has ushered in significant developments in labor and employment law of which employers should be aware. At our upcoming seminars, Sheppard Mullin labor and employment attorneys will discuss these important new cases and answer your questions. We will explain how these developments will affect the day-to-day decisions made by business owners, in-house counsel, and … Continue Reading

U.S. Immigration for Investors and Entrepreneurs

Immigration Perspectives Sheppard Mullin’s Global Immigration and Compliance and Corporate Securities groups present: U.S. Immigration for Investors and Entrepreneurs Immigrants historically have contributed to some of America’s most successful businesses and innovation. However, navigating the labyrinth of U.S. immigration laws has been difficult, for even the best and brightest. While Congress gears up to tackle … Continue Reading

Employment Basics for Start-Ups: Third Thursday Emerging Company Webinars

Click here to RSVP Presented by Jason Kearnaghan, Partner, Sheppard Mullin Please join Sheppard Mullin for our monthly webinar series educating entrepreneurs and emerging companies on the key legal issues they face during the growth of their companies. These complimentary 1-hour webinars are held through WebEx on the third Thursday of the month at noon. … Continue Reading

Labor and Employment Law Update and Happy Hour Fall 2012

In recent months there have been several significant developments in the law of which employers should be aware. At our upcoming seminars, Sheppard Mullin labor and employment attorneys will discuss these important new cases and answer your questions. We will explain how these developments will affect the day-to-day decisions made by business owners, in-house counsel … Continue Reading

Meal Periods, Rest Periods and Labor Code Class Actions After Brinker

WHEN: Wednesday, April 18, 2012, 12:00 p.m. – 1:00 p.m. PST SPEAKERS: Richard Simmons, Thomas Kaufman and Matthew Sonne HOSTED BY: Sheppard Mullin and Employers Group WHERE: From any computer anywhere via WebEx The lawyers of Sheppard Mullin have established a task force to closely study the Brinker decision and then provide analysis to interested … Continue Reading

Labor and Employment Law Update & Happy Hour Spring 2012

At our upcoming seminars, Sheppard Mullin labor and employment attorneys will discuss important developments in the law at both the state and federal level. We will explain how these new developments will affect the day-to-day decisions made by business owners, in-house counsel and human resource professionals. We will also address the current trends in employment … Continue Reading

Breakfast With Your Labor Lawyer – Fall 2011 Seminar Series

Join our Sheppard Mullin attorneys as they discuss recent important developments in labor and employment law at both the state and federal level. We will explain how these new developments will affect the day-to-day decisions made by business owners, in-house counsel and human resource professionals. We will also discuss the current trends in employment litigation … Continue Reading

Labor & Employment Law Update & Happy Hour – Spring 2011

Join our Sheppard Mullin attorneys as they discuss recent developments in labor and employment law at both the state and federal level. We will explain how these new developments will affect the day-to-day decisions made by in-house counsel and human resource professionals. We will also discuss the current trends in employment litigation, and how employers … Continue Reading
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