Media Mentions
2011
"Germany: Temporary working contract in case of a previous employment"
Initiativbanking aktuell, May 2011
Sandra Urban-Crell comments a decision of the German Federal Labour Court that provides a temporary working contract in case of a previous employment with the same employer.
Sandra Urban-Crell, Employment - Germany, Germany, Labor & Employment
"Germany: Prevent malpractice of temporary employment"
Impulse, April 2011
Volker Teigelkötter said that the new bill to prevent malpractice of temporary employment will not offer a full protection to persons affected. It will be the court who will respond effectively to cases of malpractice. The pressure to economise makes companies inventive.
Volker Teigelkötter, Employment - Germany, Germany, Labor & Employment
“Multiple Venues Key to Workers’ New Litigation Plan”
Law360, January 10, 2011
Stephen Erf, speaking on the trend of employees suing employers in multiple venues, held that “the only real way to funnel all the complaints into one tribunal” is if “an employer and employee can agree to go to arbitration or mediation to handle wage payment, discrimination and other complaints.” Mr. Erf said that such a universal approach is worth it to “avoid piecemeal settlements” because “if an employer settles a wage claim, that money could be used to fund another fight against the employer in a state agency or federal court.”
Stephen D. Erf, Employee Benefits, Employee Benefits Litigation, Labor & Employment
2010
“OSHA Targets Records in Employer Inspections”
Occupational Health Management, December 2010
Eric Conn was interviewed regarding OSHA’s new program to assess the accuracy of employers’ injury and accident recordkeeping. “Inspections and the size of enforcement actions are increasing under the Obama Administration,” Mr. Conn said. “OSHA has not only increased the size of its enforcement team, but has also greatly increased the size of its enforcement actions.” He added: “There is no question about it. Employers should expect to see, and indeed are already seeing, increased fines and an increased focus by OSHA on recordkeeping issues.”
, Labor & Employment, OSHA, MSHA & Catastrophe Response
“Settlement Reached in Essay-Mill Lawsuit”
Chronicle of Higher Education, October 25, 2010
Eric Conn, who represented students in a class action lawsuit against a company that sold their term papers on the Internet without permission, praised a settlement ending this activity. “Our entire purpose was to stop the conduct,” Mr. Conn said. “Since Internet resources are so readily available, we think this ruling is a positive step to enhance academic integrity.”
, Labor & Employment, OSHA, MSHA & Catastrophe Response, Trial
David Delgano spoke to eFinancialCareers (October 7) about the impact of the UK’s new Equality Act on pay transparency at financial institutions. Calling it “a slippery slope,” he warned that banks “will no longer be able to discipline people for talking about how much they’re paid, and once the pay gap is reported people will [be] asking why there’s such a big discrepancy between what men and women are getting.” He advised financial companies to be proactive in looking at why some people are paid more. “Is it because they’re threatening to leave? If so, and those threatening to leave are mostly men, this could become an issue,” Mr. Delgano stated.
David Dalgarno, Employee Benefits, Employment - London, Executive Compensation, Labor & Employment, London
Jeffrey Webb was profiled in CityBizList Boston (June 8) for his election as a Fellow of The College of Labor and Employment Lawyers. The honor is by peer nomination and selection only and recognizes sustained, outstanding performance in the field of labor and employment law. Installation of new Fellows will take place November 6 in Chicago. Mr. Webb has a wide-ranging practice representing financial services, health care, technology and other employers in litigation, arbitrations, labor negotiations and a variety of other workplace concerns.
Nancy Ross commented for Human Resource Executive Online (May 5) concerning the U.S. Supreme Court's ruling in Conkright v. Frommert that courts must give deference to an ERISA fiduciary's second interpretation of ambiguous plan language, even if they struck down a first interpretation. "This is a step in the right direction but it's not a free ride. Plan Administrators are still going to be under scrutiny," Ms. Ross said. She explained that the decision "does allow plan administrators to make the first cut, but that's not where it ends. There will still be questions, so plan administrators must cross the Ts and dot the Is when making decisions." Ms. Ross added that the Court's decision supports ERISA's "guiding principles," saying that it puts "focus on the balance that Congress sought to achieve in enacting ERISA."
Nancy G. Ross, Labor & Employment
Eric Conn and James Lastowka were both cited by Human Resource Executive Online (April 9) in a story about stepped-up Occupational Safety and Health Administration (OSHA) enforcement. Mr. Conn urged employers to conduct record-keeping audits to ensure that OSHA logs reporting all applicable illnesses and injuries are up to date, particularly as reporting standards change. Mr. Lastowka said that while companies may have OSHA compliance rules, they should “look at how effectively they’re being implemented and followed on the workplace floor,” adding that OSHA will look at whether companies “have reacted appropriately” on such issues as control of employee exposure to potentially harmful worksite materials.
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
James Lastowka provided Q&A responses in a January 2010 Clement Communications Special Report on David Michaels, the new head of the Occupational Safety and Health Administration (OSHA). Citing references to Michaels as "a new sheriff in town," Mr. Lastowka observed that "sheriffs enforce the law and that is what OSHA will be doing, in part to make up for what it sees as eight years of lax OSHA enforcement by the Bush Administration. They will be hiring more inspectors, conducting more inspections, characterizing more of the citations as serious, ... and substantially increasing the size of proposed penalties." Mr. Lastowka warned employers that "the only way to avoid OSHA fines is to understand and comply with OSHA requirements. If you are not in compliance and you are inspected, citations and fines will be issued." Click here to view the full article.
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
2009
James Lastowka spoke to EHS Today on December 1 concerning future occupational safety and health issues that companies are facing. He identified “the promised aggressive enforcement by the ‘new sheriff in town’” as the most significant new issue, adding: “There is a need and a place for strong enforcement when and where it is deserved. But a commitment to bring major enforcement actions to ‘send a message’ that does not also include a focused and objective effort to sort out the truly bad actors from those companies that actually do commit resources to safety is misguided.” Mr. Lastowka observed that “OSHA must be careful to not sacrifice the reputation of a company that makes substantial safety efforts to a perceived need for a dramatic headline to demonstrate its toughness and leverage its enforcement clout.”
James A. Lastowka, Labor & Employment, OSHA, MSHA & Catastrophe Response
Jeffrey Webb was quoted by Law360 on April 1 regarding a U.S. Supreme Court decision in 14 Penn Plaza LLC v. Pyett that held that collective bargaining agreements that require union members to arbitrate Age Discrimination in Employment Act (ADEA) claims are enforceable. Mr. Webb believes that the decision is a victory for those who believe that arbitration is preferable to the courts for resolving disputes. He also said, "Before this decision, companies were often subjected to double jeopardy – first they would have to defend against a discrimination claim in a arbitration with a union, and then they could be subjected to the very same claim again in a discrimination case in court, even if they had prevailed in an arbitration."
, HR & Employment Litigation, Labor & Employment, Trial
Katie Clark is featured in a March 24 question-and-answer session by Personnel Today, concerning the UK's statutory holiday entitlement. The Working Time Regulations (WTR) give employees in the UK a statutory right to take a minimum of 24 days in annual paid leave, and that increases to 28 days effective April 1. "There is no legal obligation on an employer to insist that workers take their statutory holiday entitlement," Ms Clark says. "The obligation is to allow a worker to take holiday if he or she wishes to. There are, however, motivational and health and safety reasons for an employer to encourage annual holiday to be taken."
Katie L. Clark, Employment - London, Labor & Employment, Labor Relations - United States
2008
Phyllis Kupferstein was quoted in the July 29 issue of California Executive in an article entitled, "Effective Reductions in Force Require Delicate Handling." The article discusses how businesses can properly approach employee layoffs. "You do have to think through what the likelihood of litigation is," Ms. Kupferstein warned. "If you end up with a lot of lawsuits, then it's not going to help you financially." Ms. Kupferstein added, "Whatever you can do to show some goodwill toward outgoing employees would reduce the likelihood of lawsuits and would help morale of the remaining employees."
, HR & Employment Litigation, Labor & Employment
Jeffrey F. Webb was quoted in the June 27 issue of Employment Law360 in an article regarding the U.S. Supreme Court's rulings in employment cases during its latest term. Mr. Webb noted that the ruling in Kentucky Retirement System v. EEOC, in which the court held that a retirement plan that uses age as a factor in determining benefits does not necessarily violate the ADEA, was a surprise because three of the court's more liberal justices joined two of the court's more conservative justices in the majority. "That case is an exception. I tried to make some sense of the way the justices split in the case and can't find anything to explain it," he said. Mr. Webb also noted that the court's recent pro-employee decisions are likely not reactions to criticism the court received for its pro-employer decisions issued during the previous term. "I don't think justices are so easily swayed by the reactions to their decisions."
, Appellate, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Linda M. Doyle was quoted in the June 13 issue of Employment Law360 in an article regarding employers’ implementation of four-day, 10-hour-per-day workweeks in response to rising gas prices. Ms. Doyle noted that some employees may become disgruntled over a change in schedule if they have commitments that make 10-hour days more difficult. "The most significant issue is child care, where an employee has to pick up a child at 5:30 but now they would have to work until seven. Extra daycare can be very expensive," she said.
Linda M. Doyle, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the April 17 issue of the National Law Journal in an article regarding the passage of a law requiring mandatory triple damages in wage and hour cases in Massachusetts. Mr. Webb commented on the surge in wage and hour cases that the state experienced before the legislation took effect and the likeliness that the new legislation will lead to even more filings. "The difference between now and 2004 is that there's been a real increase in the amount of wage and hour class actions that have been filed, and Massachusetts [now] becomes three times as interesting as it was the year before," Mr. Webb said.
, Class Action, HR & Employment Litigation, Labor & Employment, Trial
Nancy G. Ross was quoted on April 9 by the Associated Press in connection with the representation she has provided for Chrysler in negotiating a restructure of retiree health benefits with the UAW. A proposed deal would require Chrysler LLC to pay $10.3 billion to a trust that would cover the company's $18 billion in retiree health care obligations. An 11-member committee would run the trust and would include six members selected by the court and five selected by the UAW. Regarding the settlement terms, Ms. Ross said, "We do believe in the light of the uncertain environment that Chrysler is operating that this settlement is the best for all parties."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
2007
Paul Melot de Beauregard was quoted in the Number 4 issue of Initiativbanking regarding employee involvement as part of annual salary.
Paul Melot de Beauregard, Employee Benefits, Germany, Labor & Employment
Nancy Ross was quoted in a September 24 article published by PLANADVISER Magazine regarding potential changes to the rules of disclosure of 401(k) administrative and investment fees. Advisers will need to be proactive about providing the transparency that plan sponsors and participants will require about fees. "It is important that they take action now, because we are in uncharted waters. [The spotlight] also opens up a terrific marketing opportunity for advisers: Those who are secure for the future will be those who make their fees the most transparent. There is no pulling the wool over the eyes of plan sponsors anymore - there is no avoiding this discussion," Ms. Ross said.
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment
Nancy G. Ross was quoted in an August 27 article published by Business Insurance regarding a federal appeals court ruling that bars fiduciaries of federally regulated employee benefits plans from suing one another. Ms. Ross spoke on how this decision could complicate settlements of plan disputes. She predicted that "the 8th Circuit's ruling and others like it will have 'a deterrent effect on potential fiduciaries,' because fiduciaries now will have difficulties enforcing the indemnity provisions in trust agreements."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment
Paul Melot de Beauregard was interviewed August 6 live on NRW.TV regarding the strike of the engine drivers in Germany.
Paul Melot de Beauregard, Employee Benefits, Germany, Labor & Employment
Linda M. Doyle was quoted in a July 16 article published by The National Law Journal regarding the use of the "Larson Test" in the Delaware Supreme Court. The case was brought by an employee in a personal injury suit against a co-worker based on injury by horseplay on the job. Ms. Doyle commented that although most states have a variation of the Larson rule, it is difficult for plaintiffs to get third party damages from other employees. "In the Grabowski decision, he got his workers' comp and now he has to show [his co-workers' actions] were outside the scope of employment," Ms. Doyle said. "That inconsistency would not work in all states."
Linda M. Doyle, HR & Employment Litigation, Labor & Employment, Trial
Paul Melot de Beauregard was quoted in the July 11 issue of the Frankfurter Allgemeine Zeitung regarding the enjoining of a strike.
Paul Melot de Beauregard, Employee Benefits, Germany, Labor & Employment
Gudrun Germakowski was quoted in the July 9 issue of Wirtschaftswoche regarding the ongoing use of a company car after a dismissal.
Gudrun Germakowski, Employee Benefits, Germany, Labor & Employment
Linda Doyle was quoted by The Boston Globe on January 10 in regard to the severance pay Thomas Finneran received as president of the Massachusetts Biotechnology Council. "It's not a lot for an executive generally, but it's generous for an executive leaving under these terms," commented Ms. Doyle.
Linda M. Doyle, Labor & Employment, Trial
2006
Paul Melot de Beauregard was quoted in the 29 March issue of Frankfurter Allgemeine Zeitung regarding the important decision of the Federal Labour Court about Christliche Gewerkschaft Metall (CMG) being recognised as a union.
Paul Melot de Beauregard, Employee Benefits, Employment - Germany, Germany, Labor & Employment
Linda Doyle was quoted extensively in the February issue of CFO Magazine regarding so-called right-to-smoke laws in some states that make it illegal for employers to discriminate against smokers in employment or hiring decisions.
Linda M. Doyle, Labor & Employment, Trial
2005
Linda Doyle was quoted in the November issue of CFO magazine advising CFOs not to treat noncompete agreements lightly because all too often they are not appreciated in terms of enforceability.
Linda M. Doyle, Labor & Employment, Trial
Joseph Adams was quoted on October 5 on Forbes.com on the proposed regulations released by the U.S. Treasury Department giving companies an additional year to comply with a new law restricting many types of nonqualified deferred compensation arrangements for top executives. Mr. Adams noted that notwithstanding the one year extension, certain executives may still wish to take action before the end of 2005.
Joseph S. Adams, Employee Benefits, Executive Compensation, Labor & Employment, Non-Qualified Deferred Compensation
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of employment: "McDermott Will & Emery Rechtsanwälte LLP showed commendable expertise in advising a European supplier on the employment aspects of post-merger integration following the acquisitions of two German companies, a varied and challenging mandate which required negotiations with trade unions and group works council on a mass redundancy program, and the establishment of a European works council."
Employee Benefits, Employment - Germany, Labor & Employment
Linda Doyle was quoted in the April issue of CFO Magazine in regard to increased scrutiny of executives' compensation. Ms. Doyle commented that although executives are giving up stock options "there is a demand for more-predictable compensation," meaning more restricted stock grants, stock appreciation rights, and deferred-compensation elements rather than stock options alone.
Linda M. Doyle, Executive Compensation, Labor & Employment, Trial
Katie Clark was quoted in the February 1 issue of Personnel Today regarding the case of Lionel Leventhal Ltd. v. North and the warning going out to employers to keep a paper trail during redundancy procedures as well as considering the issue of 'bumping'. "The ruling is saying when an employer makes redundancies it should consider bumping. Employers need to ensure there is a paper trail so they are protected. The employer shouldn't just assume that a senior employee won't accept a junior position." Ms. Clark emphasizes, "That is when the unfairness arises. The message to employers is not to make any assumptions."
Katie L. Clark, Employee Benefits, Employment - London, Labor & Employment, London
Linda Doyle was quoted in the January issue of Corporate Counsel regarding the certification one of the largest civil rights class action in history, a gender discrimination suit brought by 1.6 million current and former female Wal-Mart Stores, Inc. employees. Ms. Doyle discussed the case and said that for Wal-Mart, class certification has taken the settlement value of that case into the tens of millions of dollars. She was asked about the recent changes to the Fair Labor Standards Act (FLSA) regulations regarding exempt employees and class action FLSA litigation. She stated that, depending on the size of the company, a mistake in the exempt/non-exempt classification can cost a company several million dollars, because the statue of limitations on the FLSA cases is two or three years depending on the violation and employers are required to pay back pay to all employees improperly classified as exempt.
Linda M. Doyle, Labor & Employment, Trial
2003
McDermott Will & Emery was listed in the September 10 issue of the Broward Daily Business Review. The Firm hosted a workshop on diversity considerations and women’s issues in the general counsel’s office. A mention of this workshop was also reported in the Palm Beach Daily Business Review and the Miami Daily Business Review.
Alison Wetherfield was quoted in the March 1 issue of In Brief Monthly on when employers can snoop on their employees.
Alison Wetherfield, Employment - London, Labor & Employment, London
2001
David Dalgarno was quoted in the November 19 issue of Financial News. Mr. Dalgarno commented on conflicting nature of the Data Protection Act and the N2 rule. The Data Protection Act gives employees the right to see employee records, and the new N2 rule appears to require banks (employers) to keep detailed and potentially defamatory records on employees. He called the situation "Catch-22." Employers are suppose to record comprehensive reports on employees' competence (and incompetence) yet show those records to the employee during and after employment.
