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Articles by Gregory Hendershott
Federal Appeals Court Says Removing Union Literature from Breakrooms Can Be Lawful: How Employers Can Thread the Needle | JD Supra
A federal appeals court recently held that an employer does not violate federal labor law by removing union flyers left in a breakroom so long as it neutrally applies its housekeeping and solicitation policies.
SCOTUS Makes It Harder for Employers to Defend Against Federal Whistleblower Claims | JD Supra
Supreme Court decision in Murray v. UBS Securities, LLC makes it easier for employees to prove retaliation The Supreme Court recently issued a unanimous pro-employee ruling that makes it harder for employers to defend whistleblower claims. In Murray v. UBS Securities, LLC, the Court rejected the argument that an employer must have intent to retaliate against a whistleblower under the Sarbanes-Oxley Act ("SOX").
Get Ready for 2024: Review Overtime Exemptions and Pay Plans for Sales Employees | JD Supra
Considerations for employers in Washington state, California, and beyond Now is the time to review overtime exemptions and pay plans for sales employees to be ready for 2024. The changing tech economy has created a class of sales employees who may not fit traditional overtime exemptions. Moreover, poorly drafted commission and bonus plans ("Plans") often leave employers exposed to potential legal liability, especially to departing employees.
Doe v. Lifestance Health, Inc. et al
Plaintiff: Jane Doe Defendant: Lifestance Health, Inc., Lifestance Health, LLC doing business as Lifestance Health of Washington, LLC, Lifestance Health Group, Inc. and Corporations A-Z Case Number: 2:2023cv01441 Filed: September 14, 2023 Court: US District Court for the Western District of Washington Nature of Suit: P.I.: Other Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal Jury Demanded By: Plaintiff RSS Track this Docket This docket was last retrieved on September 14, 2023.
OFCCP Update – Covered Federal Contractors Will Soon Be Required to Certify That They Have an Affirmative Action Plan | JD Supra
Federal contractors and subcontractors will soon be asked to regularly certify that they have compliant Affirmative Action Plans (AAP), and contractors may even be required to upload a copy of their AAPs on an annual basis, even if they are not subject to an active compliance evaluation. Those contractors who cannot certify that they have developed and maintained an AAP will be at significantly increased risk for a compliance audit.
Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs | JD Supra
On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is to ensure the incentive to participate in a wellness program is not so strong that it renders the program involuntary because the incentive becomes coercive.
Washington Tightens Restrictions on Noncompetition Agreements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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