Effective March 12, 2024, New York Labor Law prohibits employers from requiring employees and job applicants to provide information about their personal accounts. If you think this sounds familiar, you are right. This idea has been in place in various states for years; now New York is joining in! Under the new legislation, “personal accounts”…

Attention all Paycheck Protection Program (“PPP”) loan borrowers, the Federal Bureau of Investigation is combing through PPP loan records to identify borrowers who committed fraud related to the program, and they are not alone.  The U.S. Small Business Administration (the “SBA”) is auditing all PPP loans of $2 million or more, and the Department of…

Whistleblowers can blow their whistles a little louder tonight. The Supreme Court’s recent ruling, Murray v. UBS Securities, LLC, decided that an employee may prove a whistleblower retaliation claim without showing that their employer acted with retaliatory intent. As a result, it is now easier for employees to succeed on whistleblower retaliation claims under the…

BENEFICIAL OWNERSHIP INFORMATION REPORTING CORPORATE TRANSPARENCY ACT SUMMARY One of the unique and often attractive features of a Limited Liability Company can be anonymity.  In most states, formation and registration of an LLC does not require disclosure of the owners or officers.  For various reasons, legitimate and not so legitimate, the owners of a business…

The Occupational Safety Health Administration (“OSHA”) and the National Labor Relations Board (“NLRB”) recently joined forces through a new Memorandum of Understanding (“MOU”). Their goal, to further enhance collaboration between the two agencies during investigations and enforcement actions against employers. The move is expected to further blur the lines between the two agencies and the…

By: Robert G. Brody   When considering religious accommodation, employers have enjoyed great latitude with accepting or rejecting requested religious accommodations. This was thanks in large part to the Supreme Court’s 1977 ruling in Trans World Airlines, Inc. v. Hardison, which held an employer need only show it would bear more than a “de minimis” cost/effort…

Last week, the NLRB’s decision in Noah’s Ark Processors, LLC  (“Noah”) held that repeat offenders of the NLRA could be subject to extraordinary remedies.  The Board went on to detail when such remedies were appropriate, and outlined the types of actions violators could expect to be subject to if they have undertaken egregious misconduct or “have shown…

Program produced by XPX South Florida. This is XPX South Florida’s final installment of a six-part “Lunch and Learn” series where they explore the exit planning strategies to be employed by a middle market company from the attorney’s perspective. Featured are three seasoned attorneys from South Florida who describe the various obstacles they have overcome…

By Robert G. Brody and Luis A. Torres   The Biden Administration’s unbridled support of Labor continues.  National Labor Relations  Board (NLRB) General Counsel Jennifer Abruzzo, the NLRB’s chief prosecutor, released an advice memorandum on May 25, 2022, arguing that the Board has improperly been allowing employers to ban unions from accessing portions of their…

By Robert J. Brody and Luis A. Torres   California passed two laws that require diversity for certain corporate boards.  The first required diversity based on gender and the second for “underrepresented communities.”  The  effective date and required amount of representation varies based on board size.  In two separate actions, each law was found unconstitutional….

May 20, 2022 By Robert G. Brody and Luis A. Torres As of July 14, 2022, New York will be launching a statewide toll-free confidential hotline that will provide counsel and assistance to individuals with concerns about workplace sexual harassment. Employers will be required to include the hotline number in any sexual harassment postings and…

Join us on Wednesday, March 9 from 10-10:45am for the next edition of our Scaling Skills Speaker Series as Tracy Falagrady, Senior Personal Risk Advisor at USI Insurance Services, talks with us about “Risk Management 101: How NOT to Wind Up with Your Hindparts in a Sling.” Tracy is a former college basketball player who…

Brand counsel use many tools to help businesses protect their brands. The most common tool is registering a trademark with the US Patent and Trademark Office. This process seems simple but there is much that goes into the strategy behind filing the application and moving it towards registration. I thought it might be helpful to share information to…

Program produced by XPX Chicago. Mark Bennett is a trial attorney who defends business from various lawsuits and who works directly with business owners to mitigate legal liability, in order for their companies to grow safely and sustainably. Mark’s practice focuses on personal injury, transportation, supply chain, commercial law, and business development. His presentation will…

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“Conflicts look bad. I always prepare touchy agenda points with my 2 senior leaders before leadership team meetings. This way senior leadership presents a united front,” recently mentioned the CEO of a 200-people company. Most leadership teams have too few open, healthy conflicts. This makes them less effective, reduces decision quality, and ultimately slows down business…

I wrote earlier about the value a closed loop employee suggestion program can provide. These do provide significant benefits, but there is no need to limit continuous improvement suggestions to those inside the company. Customer and supplier surveys can provide great insights into such opportunities while also enabling the company to collaborate better with key…

During my first visit to one factory, I quickly noticed on a wall in the lobby a collection of cards with employee suggestions – normally a good sign of a facility’s commitment to continuous improvement and employee engagement. A closer look revealed the opposite – improvement ideas that were months and even quarters old without…

Wealth managers and financial industry observers have pointed out that we are in the midst of a great wealth transfer driven by Baby Boomers. As Boomers (the generation born between 1946 and 1964) have aged, the savings and investments they worked hard to accumulate are now passing via inheritance to younger generations. Yet, what happens…

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