Alan Berkowitz
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Articles by Alan Berkowitz
WARN Act Decision Highlights Employment Risks for Private Equity Sponsors | JD Supra
Key Takeaways In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be warranted even in absence of the other factors.” The Court found that the instant case—which involved the closure of a steel mill in advance of a bankruptcy filing without advance notice to employees—was one in which the exercise of de facto control alone could...
Federal Trade Commission Proposes National Ban on Employee Non-Compete Agreements | JD Supra
Key Takeaway The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would not only prohibit employers from entering into non-compete agreements with employees prospectively but would also require employers to rescind all current non-compete agreements.
ADA Ex Machina: The EEOC Issues Guidance on the ADA and the Use of Artificial Intelligence in Making Employment Decisions | JD Supra
May 26, 2022 Alan Berkowitz, J.
Biden-Harris Administration Publishes Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers | JD Supra
On November 5, the Biden-Harris Administration published an emergency regulation, the Omnibus COVID–19 Health Care Staff Vaccination Rule, requiring staff at covered health care facilities to be vaccinated against COVID-19 (the “Regulation”). The Regulation took immediate effect upon publication. Under the Regulation, covered facilities (“Facilities”) are required to have a process or policy in place that ensures that all applicable staff are fully vaccinated against COVID-19 over two phases.
Exploring Modeling as a Context to Support Content Integration for Chemistry and Earth Science
Download Hi-Res ImageDownload to MS-PowerPointCite This:J. Chem. Educ. 2021, XXXX, XXX RETURN TO ARTICLES ASAPPREVChemical Education R...Chemical Education ResearchNEXT Jonathon Grooms*, Kevin Fleming Kevin Fleming Department of Curriculum & Pedagogy, George Washington University, Washington, DC 20052, United States , Alan R. Berkowitz Alan R.
National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions | Lexology
In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements.
National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions | JD Supra
In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements.
Is It “Time’s Up” For Arbitrating Employment Matters In New York? | Lexology
Is It “Time’s Up” For Arbitrating Employment Matters In New York? In the wake of a strong public reaction to the “Time’s Up” and “#MeToo” movements, states across the country are enacting legislation aimed at expanding and bolstering sexual harassment and discrimination protections in the workplace. Among the trailblazers to institute such sweeping changes are Washington and New York, though many other states, including Pennsylvania, are not far behind with bills pending to address these concerns.
Supreme Court Upholds Employers’ Use of Class Action Waivers in Arbitration Agreements | JD Supra
The NLRB’s D.R. Horton Decision and the Ensuing Circuit Split The crux of the issue in Epic Systems was the claimed conflict between Section 7 of the NLRA, which protects employees’ engagement in “concerted activities…for mutual aid and protection,”2 and the Federal Arbitration Act’s (“FAA”) strong policy in favor of enforcement of arbitration agreements.
Is It “Time’s Up” For Arbitrating Employment Matters In New York? | JD Supra
To date, New York has enacted the broadest-sweeping legislation in reaction to the public outcry for stronger workplace protections against sexual harassment. On April 12, 2018, New York’s Governor Andrew Cuomo signed the “New York State Budget Bill for Fiscal Year 2019” (S-7848A) (the Budget Bil”) on the heels of the New York City Council’s passing of a package of bills captioned the “Stop Sexual Harassment in NYC Act” (Int. No. 632-A) (the NYC Act) on April 11, 2018.
An Employment Law Tightrope: Criminal Background Checks
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Opinion: I co-created Consent Matters. This is why it works
Consent about sexual intimacy is a topic that pervades public debate at the moment. It stirs up strong feelings and opens up important conversations about sexual behavior as we seek to create opportunities for meaningful, healthy, and desired sexual relationships for ourselves as well as to ensure them for others. This is especially true amongst the student population, where the university experience offers the opportunity to explore issues of sexual identity and expression, among others.
National Labor Relations Board Ends 2017 with a Flurry of Significant Decisions Reversing Recent Pro-Employee Precedents
Since the election of President Trump, it has been a question of “when,” not “if,” the National Labor Relations Board (the “Board” or the “NLRB”) would revisit many of the noteworthy decisions issued by the Board during the Obama administration. With Chairman Philip A. Miscimarra’s term expiring on December 16, 2017, the Board issued a number of such decisions in mid-December.
Discover (or rediscover) U.S. employment law: Your questions, our answers
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