Author Archives: Jim Anelli
Webinar: What Employers Should Know About Class Waivers After Epic Systems Decision
Join LeClairRyan on Thursday, August 23 starting at 1 pm ET for this upcoming event. In a decisive 5-4 opinion, the Supreme Court held in Epic Systems Corp. v. Lewis that class action waivers in employment arbitration agreements must be enforced under the Federal Arbitration Act (FAA), and neither the FAA’s saving clause nor the National Labor Relations Act (NLRA) suggest otherwise. This case reaffirms longstanding federal policy favoring arbitration. This complimentary one hour webinar will discuss the Court’s findings, its potential impact on both employers and employees, the pros and cons of employment arbitration agreements, and best practices designed …
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Workplace Now: The “Localization” of Employment Law – What you Don’t Know Can Hurt
It is no secret these days that many workforces, particularly over the last five years, are now subject to numerous state and municipal laws that seek to shape and regulate numerous areas of the workplace (many of which are often conflicting) . Given the gridlock that has been in place for almost a decade in Congress, state legislatures and cities have accelerated their oversight of employers and have imposed their own laws. In fact, there are literally hundreds of examples of how the scope of local regulation has changed, but perhaps the most breath-taking took place this year in the …
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“Workplace Now”™
“Workplace Now” is a new quarterly report concerning the rapid changes occurring in today’s workplaces. We will identify key areas that General Counsel, HR Professionals, Corporate Risk Managers and Insurance Professionals should consider in evaluating workplace concerns. This four part series will examine future issues that we predict will become major areas of discussion in the years to come. Our first discussion will cover the expansion of local and state workforce laws and how employers, particularly those with national workforces, have quite literally been overtaken by these dynamic changes at the local level. The second report will identify the expected …
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Labor Strikes Back: The New NLRB Initiatives
While private sector union representation has been declining for decades, the last few years have ushered in a resurgence of union initiatives. Importantly, these efforts have been fueled by a labor friendly National Labor Relations Board (“Board”) that has embarked on unprecedented programs to allow for: so-called “ambush” elections; the expansion of the doctrine of joint employment; review of independent contractor misclassification issues concerning bargaining unit issues; expansion of employee protections for the use of social media; and intrusion upon “core” employer prerogatives under the “guise” of protecting “concerted activity” under the National Labor Relations Act (“ACT”). At the same …
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