Technology Employment Law

Technology Employment Law

Legal Insight for Technology, Media, and Telecommunications Employers

Category Archives: Employment Law

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Igniting a Firestorm at Tinder with Flammable Allegations

By: Christopher M. Farella, Jennifer L. Nutter, and Margaret C. Thering Whitney Wolfe, former marketing vice president and co-founder of the company responsible for the popular mobile dating app, Tinder®, recently filed suit in California state court alleging sexual harassment and discrimination surrounding her experience and eventual departure from the company.  Tinder Inc.’s parent companies, IAC … Continue Reading

California Supreme Court Opens the Door to Class Action Waivers, Shuts Door to Waiver of Representative Actions

By Marisa S. Ratinoff and Amy B. Messigian One of the main battlegrounds between employers and employees relates to the ability of employers to preclude class actions by way of arbitration agreements containing class action waivers. In California, the seminal case of Gentry v. Superior Court (“Gentry”) has had the practical effect of invalidating class … Continue Reading

5 Employment Law Considerations in “The Cloud”

By Ian Carleton Schaefer The newest issue of Take 5 is online, featuring contributions from Michelle Capezza, Nancy Gunzenhauser, Marshall Jackson Jr., Brandon Ge, Gregg Settembrino, and myself, colleagues in our firm’s Technology, Media, and Telecommunications (TMT) Strategic Industry Group. In this issue, we cover employment issues in “The Cloud”: Solving Rainy Day Problems While It’s … Continue Reading

Technology Industry Advocates Convene in Washington, D.C., to Discuss Legislative Policies and Reform

As a member of the New Jersey Technology Council and an NJTC Ambassador,  I participated in the TechVoice D.C. Fly-in held February 11 through 12 in Washington, D.C. on Capitol Hill.   This Tech Policy Summit was sponsored by TechVoice, CompTIA and TECNA which brought together delegations from nation-wide State technology councils and organizations, technology industry … Continue Reading

Webinar on the ACA Employer Mandate: Feb. 20

In a complimentary webinar on February 20 (1:00 p.m. ET), our colleagues Frank C. Morris, Jr., and Adam C. Solander will review the ongoing impact of the Affordable Care Act (ACA) on employers and their group health plans. The Treasury Department and the Internal Revenue Service recently issued highly anticipated final regulations implementing the employer … Continue Reading

What’s New in 2014: The Growing Trend in Social Media Privacy Laws

By Anna A. Cohen and Nancy L. Gunzenhauser As an increasing number of employers use social media to screen prospective employees and to monitor the activities of current employees, several states have enacted social media privacy laws, including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, Utah and Washington.  Oregon joins those … Continue Reading

Not in My Backyard: Bringing Claims Against Employees In the Corporate HQ’s Home State May Not Be as Easy As You Think

By Nancy L. Gunzenhauser and Ian Carleton Schaefer How can an employee of a national employer not “work” where her employer works?  How can such an employee not be subject to suit in the corporation’s backyard?  According to a recent New Jersey state court decision, a technology consultant for a New Jersey corporation who worked … Continue Reading

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

by Jeffrey M. Landes, William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Anna A. Cohen, and Jennifer A. Goldman New York State has finally codified its position on permissible deductions from employees’ wages. On November 6, 2012, an amendment to New York’s Labor Law (“Labor Law”) will take effect. The amendment expands the list … Continue Reading

Internet Business Activities–Are They Now the Bull’s-Eye for ADA Public Accommodation Lawsuits?

by Frank C. Morris, Jr. Two recent decisions involving Netflix again raise the question of whether all online business activities are covered by the public accommodation requirements of Title III of the Americans with Disabilities Act (“ADA”) or whether a “bricks and mortar” presence is required to invoke ADA protections. In late June, in National … Continue Reading

NLRB’s Scrutiny of Employment-at-Will Disclaimers Signals a Trend to Employers

by William J. Milani, Susan Gross Sholinsky, Dean L. Silverberg, Steven M. Swirsky, and Jennifer A. Goldman In a move that signals a trend to employers, the Acting General Counsel (“AGC”) of the National Labor Relations Board (“NLRB” or “Board”) recently claimed in two unrelated cases that allegedly overly broad “employment-at-will” disclaimers contained in employee … Continue Reading

Employer Recordkeeping Requirements Extended to GINA

by Amy J. Traub, Anna A. Cohen, and Jennifer A. Goldman Effective April 3, 2012, the Equal Employment Opportunity Commission (“EEOC”) extended its existing recordkeeping requirements under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act to employers covered by Title II of the Genetic Information Nondiscrimination Act of … Continue Reading

Epstein Becker Green Launches First-of-Its-Kind App: Wage & Hour Guide for Employers

We are pleased to announce that Epstein Becker Green’s first app – Wage & Hour Guide for Employers – is now available for download in the App Store on iTunes, for both iPhones and iPads.  You can find this complimentary app by searching for “Wage Hour” or accessing the following http://itunes.apple.com/us/app/wage-hour-guide/id500292238?mt=8&ls=1. The Wage & Hour Guide app … Continue Reading

Proposed Legislation May Expand the Scope of the Computer Employee Exemption [Wage & Hour Defense Blog]

Our colleagues Douglas Weiner and Meg Thering at Epstein Becker Green recently posted the following on the Wage & Hour Defense Blog: On October 20, 2011, the Computer Professionals Update Act (“the CPU Act”) – one of the first potential pieces of good news for employers this year – was introduced in the U.S. Senate. … Continue Reading

The Future of Employment Arbitration Agreements – The Legacy of AT&T Mobility LLC v. Concepcion

By:  Betsy Johnson  and Evan J. Spelfogel Employment litigation is growing at a rate far greater than litigation in general. Twenty-five times more employment discrimination cases were filed last year than in 1970, an increase almost 100 percent greater than all other types of civil litigation combined. Case backlogs at the U.S. Equal Employment Opportunity Commission … Continue Reading
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