Seyfarth Synopsis: Just before the end of the legislative session, lawmakers in New York introduced the “Dependent Worker Act,” which proposes to provide workers in the gig economy with certain rights, including the right to...more
Seyfarth Synopsis: The NLRB’s Division of Advice recently released an Advice Memorandum finding that a security company’s work rules were unlawfully overbroad, but that the company did not violate the National Labor Relations...more
5/1/2019
/ Defamation ,
Employee Rights ,
Employment Litigation ,
Employment Policies ,
Facebook ,
Former Employee ,
Hiring & Firing ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Unfair Labor Practices ,
Wage and Hour
Seyfarth Synopsis: At the recent American Bar Association’s Antitrust in Healthcare conference, the Department of Justice (“DOJ”) reportedly advised that it has open criminal investigations into agreements among healthcare...more
6/1/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Healthcare ,
Hiring & Firing ,
Information Sharing ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
Seyfarth Synopsis: NLRB affirms ALJ’s ruling finding that a cocktail bar waitress was illegally fired for voicing workplace concerns during a staff meeting....more
5/3/2018
/ Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Law Violations ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Retaliation ,
Statement of Opinion ,
Wrongful Termination
Seyfarth Synopsis: There are currently pending at least four class actions claiming that provisions contained in franchise agreements prohibiting the hiring of employees of other intrabrand franchisees without the consent of...more
4/13/2018
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Employer Liability Issues ,
Franchise Agreements ,
Hiring & Firing ,
Joint Employers ,
No-Hire/No-Solicitation Agreements ,
Pending Litigation ,
Pizza Hut ,
Sherman Act ,
Single Entity Rule
Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. ...more
Seyfarth Synopsis: On February 1, 2018, the U.S. District Court for the Middle District of North Carolina entered an order granting in part, and denying in part, the plaintiff’s motion for class certification in a no-hire...more
2/14/2018
/ Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Educational Institutions ,
Employer Liability Issues ,
Faculty ,
FRCP 23(b)(3) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
Predominance Requirement
Seyfarth Synopsis: Criminal prosecution of “no-poaching/no-hire” agreements appears imminent. Employers should investigate their hiring and compensation practices to ensure compliance with recent antitrust pronouncements....more