Tag Archives: don’t get sued

Alter Egos: Where Fiction Becomes Labor Law And Vice Versa

Bruce Wayne. Clark Kent. Sir Percy Blakeney. In addition to being dashing literary figures, each of these men share a common trait – each has an alter ego. Donning a cape, the stoic Bruce Wayne becomes the intrepid Batman. The nerdy, spectacled Clark Kent transforms into the swashbuckling Superman. The foppish, self-obsessed Sir Percy Blakeney … Continue Reading

NLRB Toasts Chicago Bakery On English-Spanish Translation

Mistranslation is both innocent and ubiquitous. Mark Twain had fun with the mistranslations of one of his short stories into French. Indeed, literary superstars frequently acknowledge that translations are invariably imperfect. Jorge Luis Borges’ line — “the original is unfaithful to the translation” — exposes that variance with irony. Both the innocence and the inevitability … Continue Reading

“No Hire” Agreements: Unlawful Collusion or Necessary Self-Protection?

Recent headlines from the Silicon Valley suggest that “no-hire” agreements are illegal, immoral, and unsustainable. But, those headlines address blanket restrictions negotiated between competitors. Targeted restrictions between supplier company and customer company are entirely different. The Department of Justice’s Competitive Impact Statement (“DOJ CIS”) in those Silicon Valley cases acknowledges that distinction: “An agreement that … Continue Reading

The Goldilocks Paradigm In RIF Releases

Obtaining an effective waiver of claims in the context of a reduction in force, an exit incentive, or other termination program is tricky. The Older Workers Benefit Protection Act (OWBPA) has numerous requirements that must be followed “just right” in true Goldilocks fashion. Compliance with the OWBPA is crucial because an employee, over the age … Continue Reading

Why Private Equity Funds Face Employment Risks

Suddenly, the advance sheets show a wave of litigation targeting private equity funds. See, e.g., Guippone v. BH S&B Holdings LLC, 737 F3d. 221 (2d Cir. 2013) (private equity funds potentially liable for WARN Act liability); Oaktree Capital Management, L.P. v. National Labor Relations Board, 452 Fed. Appx. 433 (5th Cir. 2011) (same for unfair … Continue Reading

Background Checks: Ban The (Procrustean) Bed?

Question: What does Edward Snowden (N.S.A.’s infamous document leaker) have in common with Aaron Alexis (who shot 12 people at the Washington Navy Yard last fall)? Answer: Their employers’ background check said it would be just fine to hire each. In January, the U.S. Department of Justice accused the background checking firm of taking shortcuts … Continue Reading

Franchisor Liability For Franchisee Employees: Damn Weasels

Weasel words, not epithets for employees with legal claims, are the problem. “…[C]ourts have been nearly uniform in holding that a franchisor should not be deemed to be an ‘employer’ … when plaintiff works for an independently owned franchise.”  McFarland v. Breads Of The World, 2011 WL 801815 (S.D. Ohio 2011) (granting franchisor Panera’s motion … Continue Reading

Doing Penance For The Sins of Your Supply Chain

Historians later will benchmark April 2013’s Rana Plaza factory collapse in Bangladesh as the beginning. This accident triggered global attention to supply chains, especially those supplying brand-names. With global trade unions beating the drum, the Accord on Building and Fire Safety in Bangladesh was signed by over 40 brands, transforming the ground rules for thinking … Continue Reading

You’re Known By The Company You Keep: Leased Employees

All too often, business executives assume that “leased employees” (i.e., workers hired through a professional employee organization; through a temp agency or labor broker; or provided by a contractor but performing on premises under the business’s supervision or control) cannot create liability. Those executives need to listen to more country music.  As Dolly Parton famously … Continue Reading
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