Monthly Archives: November 2019

NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units

One of the matters of significance to employers and unions under the National Labor Relations Act that became a point of contention under the National Labor Relations Board (“NLRB” or “Board”) during the Obama Administration was the movement to allow representation elections in what were commonly referred to as “micro-units,” which many believed made it easier for unions to score victories and gain bargaining rights. The Board’s recent decision in Boeing Co. and International Association of Machinists and Aerospace Workers provides important guidance for employers regarding how the Board will assess the appropriateness of proposed bargaining units going forward, and is evidence of the NLRB’s repudiation of Specialty Healthcare.

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Time Is Money: A Quick Wage-Hour Tip on…State Salary Thresholds for Certain Exempt Employees

After a false start three years ago, the federal Department of Labor (“DOL”) will finally be rolling out an increased minimum salary threshold for employees qualifying under the “white collar” exemptions. The increase in the salary threshold for professional, administrative, and executive exemptions (making up the “white collar” exemptions) under the Federal Fair Labor Standards Act (“FLSA”) will become effective on January 1, 2020.

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The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA Title III Case

For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to recent a decision issued by a federal judge in the U.S. District Court of the Eastern District of New York (“EDNY”), some may believe that “Christmas came early.”  Last week, EBG achieved an impressive victory, obtaining a complete dismissal of a serial plaintiff’s class action complaint in the case Castillo v. The John Gore Organization.

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ILN Firm of the Month – Stradling Yocca Carlson & Rauth, Southern California!

The ILN is proud to announce our latest firm of the month, Stradling Yocca Carlson & Rauth, Southern California!
Stradling is a premier business law firm with more than 130 attorneys in ten offices across California, Colorado, Nevada, and Washington. Stradling represents companies and other entities which seek a sophisticated law firm with experienced counsel to guide critical transactions and disputes. Originally founded in 1975 to represent Southern California’s most innovative emerging growth companies, Stradling is known today as a leading full-service business law firm representing high growth and established organizations at all stages of their existence, including formation, angel and seed financing, venture capital financing, mergers and acquisitions, private equity transactions, IPOs, and debt financings. They bring a tremendous amount of technical expertise to each transaction ranging from extensive corporate, securities, and finance experience, to specialized proficiencies in core areas such as executive compensation and employment, tax, intellectual property, environmental, and real estate law.
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Preparing for Non-Compete Litigation – Practice Note Update

Thomson Reuters Practical Law has released the 2019 update to “Preparing for Non-Compete Litigation,” a Practice Note I co-authored with Zachary Jackson.

See below to download the full Note – following is an excerpt:

Non-compete litigation is typically fast-paced and expensive. An employer must act quickly when it suspects that an employee or former employee is violating a non-compete agreement (also referred to as a non-competition agreement or non-compete). It is critical to confirm that there is sufficient factual and legal support before initiating legal action. Filing a complaint for monetary damages or a request for an injunction can backfire if an employer is not prepared with sufficient evidence to support its request. This Note discusses the steps an employer can take to best position itself for successful enforcement of a non-compete and the strategic considerations involved with initiating non-compete litigation. In particular, it discusses:

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Avv. Cherubini’s participation in the conference “The new discipline of the business crisis and the constitutional limits of the economic initiative”

Avv. Cherubini’s participation in the conference
Author: Giorgio Cherubini On November 11th 2019 Avv. Giorgio Cherubini has presented at Università Niccolò…
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Press release. Stefano Rossi joins EXP Legal

Press release. Stefano Rossi joins EXP Legal
Rome, November 11th 2019 EXP Legal – Italian and International Firm is glad to announce…
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California Court Rules That Mandatory Service Charges May Be Gratuities Continue Reading…

Upsetting what many considered settled precedent, a California Court of Appeal has held that a mandatory service charge may qualify as a “gratuity” under California Labor Code Section 351 that must be distributed to the non-managerial employee(s) who provided the service.

In O’Grady v. Merchant Exchange Productions, Inc., No. A148513, plaintiff, a banquet server and bartender, filed a putative class action against their employer for its failure to distribute the entirety of the proceeds of an automatic 21% fee added to every food and beverage banquet bill to the non-managerial banquet service employees who staffed the event, alleging a violation of California Labor Code Section 351, as well as intentional interference with advantageous relations, breach of implied contract, and unjust enrichment.

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ILN Today Post

Howard & Howard Welcomes Mary V. Pickard

ROYAL OAK, Mich., November 12, 2019 – Howard & Howard is pleased to welcome Mary V. Pickard to the firm. She joins the Business and Corporate Group and will practice out of the Royal Oak office.

“I am an attorney who finds innovative and strategic solutions tailored to the client’s ever-changing needs.”

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Combining Your Passion with Relationship Development

As I was scrolling through Instagram the other night, I came across a post from a former ILN lawyer (shoutout to Craig Levey) who announced that he’ll be running the Boston Marathon in 20 weeks. What’s more, he’s using those 20 weeks as an opportunity to spend a training session each week with “a local executive, entrepreneur, or Boston personality,” and sharing that on social media. This is something I just love, and it’s also something you can emulate, without having to run the Boston Marathon (though, if that’s your goal, more power to you!).

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