Technology Employment Law

Technology Employment Law

Legal Insight for Technology, Media, and Telecommunications Employers

Category Archives: Announcements

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Plan Sponsors Can Draw Guidance (and Comfort) from New DOL FAQs

Our colleague Sharon L. Lippett, a Member of the Firm at Epstein Becker Green, has a post on the Financial Services Employment Law blog that will be of interest to many of our readers in the technology industry: “New DOL FAQs Provide Additional Guidance (and Comfort) for Plan Sponsors.”

Following is an excerpt:

Based on recent guidance from the Department of Labor (the “DOL”), many sponsors of employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA Plans”) should have additional comfort regarding the impact of the conflict of interest rule … Continue Reading

Long-Awaited Accessibility Standards for Medical Diagnostic Equipment Are Released

Our colleagues Joshua A. Stein and Frank C. Morris, Jr., at Epstein Becker Green have a post on the Health Employment And Labor blog that will be of interest to many of our readers in the technology industry: “The U.S. Access-Board Releases Long-Awaited Final Accessible Medical Diagnostic Equipment Standards.”

Following is an excerpt:

As part of a flurry of activity in the final days of the Obama Administration, the U.S. the Architectural and Transportation Barriers Compliance Board (the “Access Board”) has finally announced the release of its Accessibility Standards for Medical Diagnostic Equipment (the “MDE Standards”). Published … Continue Reading

U.S. Access Board Releases Information and Communication Technology Standards and Guidelines

Earlier this month, in the waning moments of the Obama Administration, the U.S. Architectural and Transportation Barriers Compliance Board (the “Access Board”) took the long-anticipated step of requiring websites of federal government agencies to comply with the Web Content Accessibility Guidelines (“WCAG”) 2.0 Levels A and AA.  (The Access Board was established in 1973 to develop and maintain standards for accessible design in the built environment, transit vehicles and systems, telecommunications equipment and electronic and information technology.)

On Thursday, January 5, 2017, the Access Board announced the release of the long anticipated “Information and Communication Technology (“ITC”) Standards and Guidelines,” … Continue Reading

OFCCP Sues Tech Giant Oracle Alleging Discrimination in Compensation and Hiring Practices and Failure to Produce Requested Records and Data

The United States Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) on January 17, 2017, just days before the inauguration of President Donald Trump, filed a lawsuit against Oracle America, Inc. (“Oracle”), alleging discrimination in its compensation and hiring practices, and its refusal to produce requested records and data. See Complaint. The lawsuit, filed with the Office of Administrative Law Judges, stems from a compliance review initiated by the OFCCP on September 24, 2014 at Oracle’s Redwood Shores headquarters in California, housing 7,000 employees.

As a federal government contractor, subject to Executive Order 11246, the Rehabilitation Act … Continue Reading

Five Issues Technology Employers Should Monitor Under the Trump Administration

A New Year and a New Administration: Five Employment, Labor & Workforce Management Issues That Employers Should MonitorIn the new issue of Take 5, our colleagues examine five employment, labor, and workforce management issues that will continue to be reviewed and remain top of mind for employers under the Trump administration:

Read the full Take 5 online or download the PDF. Also, keep track of … Continue Reading

Governor Andrew D. Cuomo Introduces Employee Protective Mandates in New York State

Our colleagues Judah L. Rosenblatt, Jeffrey H. Ruzal, and Susan Gross Sholinsky, at Epstein Becker Green, have a post on the Hospitality Labor and Employment Law Blog that will be of interest to many of our readers in the technology industry: “Where Federal Expectations Are Low Governor Cuomo Introduces Employee Protective Mandates in New York.”

Following is an excerpt:

Earlier this week New York Governor Andrew D. Cuomo (D) signed two executive orders and announced a series of legislative proposals specifically aimed at eliminating the wage gap in gender, among other workers and strengthening equal … Continue Reading

Are You Prepared to Ban the Box? New Ordinances Prohibit Los Angeles Employers from Asking About Criminal Convictions Before Making Conditional Job Offers

On December 9, 2016, Los Angeles Mayor Eric Garcetti signed ordinances no. 184652 and 184653, collectively referred to as the “Fair Chance Initiative.” These ordinances prohibit employers and City contractors (collectively “Employers”), respectively, from inquiring about job seekers’ criminal convictions until after a conditional offer of employment has been made. Both ordinances will go into effect on January 22, 2017 and will impact all employers in the City of Los Angeles and for every position which requires an employee to work at least an average of two hours per week within the City of Los Angeles and all City contractors … Continue Reading

Top Issues of 2016 – Featured in Employment Law This Week

The new episode of Employment Law This Week offers a year-end roundup of the biggest employment, workforce, and management issues in 2016:

  • Impact of the Defend Trade Secrets Act
  • States Called to Ban Non-Compete Agreements
  • Paid Sick Leave Laws Expand
  • Transgender Employment Law
  • Uncertainty Over the DOL’s Overtime Rule and Salary Thresholds
  • NLRB Addresses Joint Employment
  • NLRB Rules on Union Organizing

Watch the episode below and read EBG’s Take 5 newsletter, “Top Five Employment, Labor & Workforce Management Issues of 2016.”

Continue Reading

Employers Under the Microscope: Is Change on the Horizon? – Attend Our Annual Briefing (NYC, Oct. 18)

Employers Under the Microscope: Is Change on the Horizon?

When: Tuesday, October 18, 2016 8:00 a.m. – 4:00 p.m.

Where: New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019

Epstein Becker Green’s Annual Workforce Management Briefing will focus on the latest developments in labor and employment law, including:

  • Latest Developments from the NLRB
  • Attracting and Retaining a Diverse Workforce
  • ADA Website Compliance
  • Trade Secrets and Non-Competes
  • Managing and Administering Leave Policies
  • New Overtime Rules
  • Workplace Violence and Active-Shooter Situations
  • Recordings in the Workplace
  • Instilling Corporate Ethics

This year, we welcome Marc Freedman and Jim Plunkett from the U.S. Chamber of Commerce. Marc and Jim will … Continue Reading

New DHS Rule Seeks to Attract Foreign Entrepreneurs to the U.S.

On August 31, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule which, if adopted in its present form, would ease the ability of foreign national (FN) entrepreneurs to temporarily enter the United States to invest in and grow start-up businesses.  At the present time, there is no temporary visa classification that permits FNs to make significant investments in new or growing businesses and then remain here to manage them.  In announcing this proposed rule, DHS indicated that it was intended to spur business growth and job creation at a time when the U.S. economy is posed … Continue Reading

Are You a Joint-Employer with Your Suppliers? NLRB Examines Corporate Social Responsibility Policies

Our colleague Steven M. Swirsky, a Member of the Firm at Epstein Becker Green, has a post on the Management Memo blog that will be of interest to many of our readers in the technology industry: “Can Your Corporate Social Responsibility Policy Make You a Joint-Employer With Your Suppliers? The NLRB May Find That It Does

Following is an excerpt:

The National Labor Relations Board (NLRB or Board), which continues to apply an ever expanding standard for determining whether a company that contracts with another business to supply contract labor or services in support of its operations should … Continue Reading

NLRB Multiplies Impact of Expanded Joint Employer Test: Requires Bargaining in Combined Units Across Multiple Employers

Our colleagues Adam C. Abrahms and Steven M. Swirsky, attorneys at Epstein Becker Green, have a post on the Management Memo blog that will be of interest to many of our readers in the technology industry: “NLRB Drops Other Shoe on Temporary/Contract Employee Relationships: Ruling Will Require Bargaining In Combined Units Including Employees of Multiple Employers – Greatly Multiplies Impact of BFI Expanded Joint Employer Test.”

Following is an excerpt:

The National Labor Relations Board (“NLRB” or “Board”) announced in its 3-1 decision in Miller & Anderson, 364 NLRB #39 (2016) that it will now conduct … Continue Reading

Getting Control of Hot-Button Labor and Employment Issues in the Digital Age

DSCN0843Employers in the technology, media and telecommunications industry are faced with many workplace management and legal compliance challenges.  Among these are trends in the shared economy and rise of the contingent workforce, data privacy and security, and use of social media in connection with recruitment, employee monitoring and termination.  At the recent  Epstein Becker Green 34th Annual Workforce Management Briefing held at the New York Hilton, members of the firm’s TMT Group including the authors of this post, along with in-house counsel speakers Rebecca Clar of AOL and Blake Reese of Google provided a panel workshop on these hot-button … Continue Reading

October 15: Attend Epstein Becker Green’s Workforce Management Briefing – High Stakes and High Priorities

34th Annual Workforce Management Briefing Banner

When:  Thursday, October 15, 2015    8:00 a.m. – 3:00 p.m.

Where:  New York Hilton Midtown, 1335 Avenue of the Americas, New York, NY 10019

This year, Epstein Becker Green’s Annual Workforce Management Briefing focuses on the latest developments that impact employers nationwide, featuring senior officials from the U.S. Department of Labor and the Equal Employment Opportunity Commission. We will also take a close look at the 25th anniversary of the Americans with Disabilities Act and its growing impact on the workplace.

In addition, we are excited to welcome our keynote speaker Neil Cavuto, Senior Vice President, Managing Editor, … Continue Reading

Five Technology, Media, and Telecommunications Developments Important to Employers

Our colleagues Brandon C. Ge, Steven M. Swirsky, Daniel J. Green, Lori A. Medley, and Valerie N. Butera (with Theresa E. Thompson, a Summer Associate) contributed to Epstein Becker Green’s recent issue of Take 5 newsletter. In this edition, we address important employment, labor, and workforce management issues in the technology, media, and telecommunications industry:

  1. BYOD Programs: Privacy and Security Issues and Minimizing the Risk
  2. High Tech and New Media: Organized Labor’s New Frontier
  3. A Growing Role for the FTC in Regulating Workforce Management
  4. Avoiding Age Discrimination Complaints in an Industry Noted for a Lack
Continue Reading

Epstein Becker Green’s Employment Law Desk Reference for Start-up Companies

In the lifecycle of a start-up company, there are many key issues, situations and milestones when it is important to seek legal consultation. Epstein Becker Green has developed an easy to follow guide to highlight common workforce management issues (including employment, benefits and immigration concerns) start-up employers must consider as they grow their business and application of important laws which are triggered by employee count.

The Workforce Guide outlines critical areas such as:

  • Onboarding and compensation;
  • Managing existing workforce;
  • Separation; and
  • Statutory thresholds triggered by employee count.

This is merely a guide but should be helpful in determining when to … Continue Reading

April 22 Complimentary Webinar Concerning EEOC Wellness Regulations

To register for this complimentary webinar, please click here.

I’d like to recommend an upcoming complimentary webinar, “EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs? (April 22, 2015, 12:00 p.m. EDT) presented by my Epstein Becker Green colleagues Frank C. Morris, Jr. and Adam C. Solander.

Below is a description of the webinar:

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its long-awaited proposed regulations governing employer-provided wellness programs under the American’s with Disabilities Act (“ADA”). Although the EEOC had not previously issued regulations governing wellness programs, the EEOC has filed … Continue Reading

Technology Industry Policy Priorities Discussed at TechAmerica Summit

Michelle Capezza of Epstein Becker & Green  recently returned from the TechAmerica DC Fly-in held February 10th and 11th in Washington, D.C., a Tech Policy Summit that brought together members of technology councils, business leaders and academicians from across the country to discuss various policies and legislation impacting today’s technology companies and our economy.    As a member of the New Jersey Technology Council and an NJTC Ambassador, Michelle joined the NJTC delegation for this summit which included James Barrood (President and CEO-NJTC), Karen Lisnyj (Government Affairs-NJTC), Kevin M. Pianko, CPA (Partner, Weiser Mazars), James C. Bourke, CPA (Partner, … Continue Reading

Epstein Becker Green Technology, Media & Telecommunications Strategic Industry Group Co-Hosts Informative Roundtable Discussion Regarding Financing and Workplace Management Issues

On January 21, 2015 at The Standard, Highline, New York, New York, members of Epstein Becker Green’s Technology, Media & Telecommunications Strategic Industry Group, Stout Risius Ross (SRR), Axial and the New York State Innovation Venture Capital Fund led an informative roundtable discussion regarding “Moving to the Next Level: Valuation & Financing Considerations and Employment Strategies for Start-Ups and Emerging Technology Companies.”  This two-part discussion addressed how to take a company to the next level from a financial and valuation perspective, and relatedly, how to manage and mitigate workplace employment issues to ensure the human capital engine of the business … Continue Reading

Legal 500 Recognizes Epstein Becker Green for Its Work in the Health Care Industry and Labor and Employment

The Legal 500 United States, now in its 26th year, collects feedback from more than 180,000 in-house counsel and lawyers to select the leading law firms and lawyers in specific legal practice areas and industries.  The Legal 500 is an independent guide, and firms and individuals are recommended purely on merit.

In 2012, both of Epstein Becker Green’s founding practices – Health Care and Life Sciences and Labor and Employment – as well as several individual attorneys were recognized as leaders in their fields of practice.

For more information about the ranking and to read excerpts from the Legal Continue Reading

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