Monthly Archives: September 2012

ILN Today Post

Clarity on adverse action arrives at last

The long running litigation between the President of a Sub-Branch of the Australian Education Union (AEU) and the Bendigo Regional Institute of Technology and Further Education (TAFE) has finally been resolved.  The decision of the High Court of Australia, finding in favour of the TAFE, is certain to bring relief to employers across Australia.


Mr Barclay is a senior teacher at the TAFE.  He is also the President of a Sub-Branch of the AEU. More…

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Navigating the Murky Waters of FLSA Compliance

On September 19, 2012, several members of EBG’s Wage and Hour practice group will be presenting a briefing and webinar on FLSA compliance.  In 2012, a record number of federal wage and hour lawsuits were filed under the Fair Labor Standards Act (FLSA), demonstrating that there is no end in sight to the number of class and collective actions filed against employers. Claims continue to be filed, raising issues of misclassification of employees, alleged uncompensated “work” performed off the clock, and miscalculation of overtime pay for non-exempt workers.

In this interactive briefing and live webinar, we will discuss the recent trend in enforcement and class action lawsuits, as well as highlight several common mistakes that managers make when trying comply with the ever-changing and confusing area of the FLSA. Specifically, this briefing will teach you how to:  

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HSE warns waste and recycling industry over death toll

The Health and Safety Executive (HSE) has issued a warning to the waste and recycling industry to renew efforts to improve worker safety, following a spate of deaths over the summer.

Nine lives were lost in separate incidents in just 12 weeks between June 2012 and September 2012. Half of the deaths occurred in skip hire and waste transfer premises.

Heather Bryant, HSE’s Operations Director and lead for HSE’s waste and recycling strategy, said:

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A Video Message About The Shale Revolution: Issues and opportunities for landowners — Jeffrey R. Huntsberger, Chair, Real Estate Practice

A Video Message About The Shale Revolution: Issues and opportunities for landowners — Jeffrey R. Huntsberger, Chair, Real Estate Practice

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Labor Law vs. Common Sense – NLRB Continues Targeting Non-Union Employers and Common Sense

It seems with each passing month the National Labor Relations Board or its Acting General Counsel opens yet another new front on its assault on non-union employers.  A trend has emerged which puts labor law in conflict with standard employment practices.  From hire, to control of the workplace and employer property, to the manner post-termination disputes are handled, the NLRB is directing employers to ignore conventional wisdom, and often times other legal mandates, to alter the way they deal with their employees.

Much attention has been given to the NLRB’s more direct pro-union organizing efforts like efforts requiring all employers to post an NLRB Rights Poster  and efforts to dramatically alter the timeframe and process for union elections through the new Ambush Election rules.

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ILN Today Post


Royal Oak, Michigan, September 12, 2012:  Howard & Howard Attorneys PLLC is pleased to announce that Brandon J. Wilson has joined the firm.  He will practice out of the firm’s Royal Oak Office.

Mr. Wilson concentrates his practice on commercial and bank-related litigation.  He has experience litigating securities and trade secrets, as well as shareholder and contract disputes.  Mr. Wilson represents banks and financial institutions in litigation involving bankruptcy, foreclosure and receivership.  He also has considerable experience in representing receivers, trustees and assignees in state and federal court, in recovery of fraudulent transfers, non-dischargeability of debts, and administration and liquidation of real and personal property. In addition, Mr. Wilson has experience in representing marine lenders, and marinas in maritime disputes and co-authored an Amicus Curiae brief on behalf of the National Marine Bankers Association in a case before the United States Supreme Court, Lozman v. City of Riviera BeachMore…

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Outsourcing makes employment relationships more complex

A greater use of outsourcing across the public and private sector means that employment relationships are set to become more complex, Acas has claimed.

The significant growth in organisational restructuring and the use of outsourcing means that businesses will have to get used to managing groups of employees with different terms and conditions. Moreover, those employers further down the subcontracting chain are likely to have less control over the terms and conditions of their direct employees.

Outsourcing can and does impact on job security, contractual terms and conditions, equality, job satisfaction, new skill requirements, HR practices, employee voice and the role of trade unions. And HR itself has been the subject of outsourcing meaning relationships with line managers and the workforce will become more arms length. 

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Avoiding “Code Blue”: Managing Potential Physician Resistance to a Hospital M&A Transaction

Hospital M&A activity has been increasing recently, and when these transactions are public knowledge, opposition from the physician community (as well as the hospital staff) to such types of transactions may also be a side effect.  Physicians are vital to the operation of a hospital, and any resistance from the physician community, could be a tremendous obstacle, either slowing down the transaction or causing the potential buyer to pull out of the deal.  Hospital administrators, along with their advisors, should do their best to foresee any opposition and manage physicians’ expectations through the transaction process.

There are many potential concerns that the physician community may have regarding a transaction.  Specifically, physicians, like most people, are probably fearful of change.  In an M&A transaction, the process can often be a stressful time because of the changes in the organization, which can include an unknown – a new operator.  If a new operator wishes to add (or subtract) certain services, hire additional physicians, modify the approval process for new equipment or medical devices, or institute a new arrangement that is historically different than the current norm, those physicians may question or push back on the proposed deal.

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New York Labor Law Significantly Expands the Scope of Permissible Wage Deductions

Jeff Landes, Bill Milani, Susan Gross Sholinsky, Dean Silverberg, Anna Cohen, and Jennifer Goldman have prepared an Act Now Advisory on the amendment to Section 193 of New York’s Labor Law, which is scheduled to take effect on Nov. 6, 2012. The amendment expands the list of employee wage deductions that New York employers may lawfully make, so long as the employee authorizes such deductions.


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ILN-terviews: Charles Wander, Fladgate LLP

Welcome to ILN-terviews, a series of profiles of ILN member firm attorneys, designed to give a unique insight into the lawyers who make up our Network. For our latest interview, we chose ILN member, Charles Wander of our member firm Fladgate LLP in London, England.

In one sentence, how would you describe your practice?
Advising businesses and their management on strategic and governance issues, as well as their day to day concerns.

Who would be your typical client?
I’ve enjoyed 35 years of not having a typical client. My clients have ranged from institutions such as insurance companies, to entrepreneurs setting up new ventures.

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