Publications

Hogan Lovells Publications

The Defend Trade Secrets Act (DTSA): What You Need to Know

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 into law, thereby creating a new federal civil cause of action for trade secret misappropriation.

Hogan Lovells Publications

Disciplining Bargaining Unit Employees Between Union Recognition and First Contract

On March 11, 2016, a National Labor Relations Board (NLRB or Board) Administrative Law Judge (ALJ) ruled that a nursing home was not required to bargain with its newly-certified union prior to terminating two workers before it reached a first contract.

Read more: Disciplining Bargaining Unit Employees Between Union Recognition and First Contract

Hogan Lovells Publications

Amendment to NY Wage Theft Prevention Act Eliminates Annual Notice Requirement, Effective Immediately; NY, NJ, and CT Minimum Wage Increases in Effect for 2015

On December 29, 2014, New York Governor Andrew Cuomo signed an amendment to the Wage Theft Prevention Act (WTPA) that abolishes the annual wage notice requirement and increases penalties for violations of the act. By repealing the WTPA annual notice requirement, the amendment removes a burdensome administrative requirement for employers.

Read More: Amendment to NY Wage Theft Prevention Act Eliminates Annual Notice Requirement, Effective Immediately; NY, NJ, and CT Minimum Wage Increases in Effect for 2015

Hogan Lovells Publications

New York Employers Must Provide Notice of Wage Rate to All Employees by February 1, 2014

This a reminder that the New York Wage Theft Prevention Act requires all private sector employers in New York, including not-for-profit corporations, to give written notice of wage rates to all New York employees, both exempt and non-exempt, by February 1 of each year.

Read More: New York Employers Must Provide Notice of Wage Rate to All Employees by February 1, 2014

Hogan Lovells Publications

Indefinite Leave Not Reasonable Accommodation Under New York State Law, But May Be Required Under Broader City Law

On October 10, 2013, the New York Court of Appeals held that New York employers are not required to provide indefinite leave as an accommodation under the state disability discrimination law, but that they may be required to do so under the broader New York City law. In Romanello v. Intesa Sanpaolo, S.p.A., the state’s highest court affirmed a lower court order dismissing a disability discrimination claim under the New York State Human Rights Law (NYSHRL) by Giuseppe Romanello against his former employer, Intesa Sanpaolo S.p.A. However, the court reversed the lower court’s dismissal of Romanello’s claim under the New York City Human Rights Law (NYCHRL), finding that this claim may be viable under the broader protections of the City law. The dissent, however, argued that the complaint had sufficiently pled a claim even under the NYSHRL because it alleged that the employer failed to engage in an interactive process with the plaintiff before terminating his employment.

Read More: Indefinite Leave Not Reasonable Accommodation Under New York State Law, But May Be Required Under Broader City Law

Hogan Lovells Publications

New Jersey Employers: Consider Revising Leave Policies in Light of the New Jersey SAFE Act

Effective 1 October 2013, the New Jersey SAFE Act (SAFE Act) will require many New Jersey employers to provide up to 20 days of unpaid and job-protected leave in a year to victims (and close family members of victims) of domestic violence or sexual assault. New Jersey employers should consider revising their existing leave policies to reflect material differences in the new leave requirements provided under the SAFE Act, relative to the leave requirements provided under similar laws such as the New Jersey Family Leave Act (NJ FLA) and the federal Family and Medical Leave Act (FMLA). In addition, covered employers should post a conspicuous notice of employees' rights under the SAFE Act, in such form as the Commissioner of Labor and Workforce Development will publish (but has not yet published).

Read More: New Jersey Employers: Consider Revising Leave Policies in Light of the New Jersey SAFE Act

Hogan Lovells Publications

New I-9 Form

Just a reminder that a revised I-9 form was released by the USCIS on March 8, 2013. Employers have a 60-day grace period, but will be required to use the new form after May 7, 2013. The...

Hogan Lovells Publications

Employment Cases to Watch in the Supreme Court in 2013

The United States Supreme Court has granted certiorari in several employment cases in the past year, and the Court’s upcoming decisions may have a significant impact on...

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