Laura Hua Luo, Partner

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May 22, 2013 Briefing EEOC Issues Revised Guidance on Application of the ADA to Cancer, Diabetes, Epilepsy, and Intellectual Disabilities
On May 15, 2013, the U.S. Equal Employment Opportunity Commission issued four revised question-and-answer publications on the application of the Americans with Disabilities Act to individuals with cancer, diabetes, epilepsy, and intellectual disabilities.
May 17, 2013 Briefing Third Circuit Finds Recess Appointment of NLRB Member Invalid
A second U.S. Court of Appeals has ruled that recess appointments of National Labor Relations Board members were unconstitutional because they did not occur during an intersession recess of the Senate. NLRB v. New Vista Nursing & Rehab., 3d Cir., No. 11-3440, (5/16/13).
May 9, 2013 Briefing D.C. Circuit Invalidates NLRB Notice-Posting Rule
The U.S. Court of Appeals for the D.C. Circuit has struck down a National Labor Relations Board regulation requiring businesses to post notices of workers’ rights under the National Labor Relations Act, holding that such a rule violates the free speech rights of employers under federal labor law. Nat’l Assoc. of Manufacturers v. NLRB, D.C. Cir., No. 12-5068 (May 7, 2013).
April 24, 2013 Briefing U.S. Supreme Court Holds That FLSA Collective Action May Be Mooted By Full Offer of Judgment
On April 16, a divided United States Supreme Court ruled that an employee who filed a Fair Labor Standards Act case could not pursue a proposed collective action after she received an offer that would have given her full relief. Genesis HealthCare Corp. v. Symczyk, No. 11-1059 (Apr. 16, 2013).
April 18, 2013 Briefing U.S. Supreme Court Limits Equitable Defenses in ERISA Reimbursement Actions
It is common for an employer group health plan subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended to contain provisions that allow the plan to seek reimbursement of amounts paid by it to one of its beneficiaries for injuries if the beneficiary later recovers payment from a third party either through a judgment or a settlement.
April 4, 2013 Newsletter Labor News
Select events and news from the world of organized labor for March2013
March 22, 2013 Briefing New York City Amends Human Rights Law to Cover “Unemployment”
Last week, overriding Mayor Bloomberg’s veto, the New York City Council passed a bill (Int. No. 814-A) amending the New York City Human Rights Law to prohibit discrimination based on a job applicant’s unemployment status.
March 5, 2013 Newsletter Labor News
Select events and news from the world of organized labor for February 2013
March 1, 2013 Briefing OFCCP Rescinds Compensation Standards, Voluntary Guidelines and Issues New Directive to Review Pay Practices
On February 28, 2013, the OFCCP issued a Notice of Rescission rescinding two key compensation analysis policies—Compensation Standards and Voluntary Guidelines—(in effect since 2006) deeming them unworkable and ineffective.
February 19, 2013 Briefing Amendment to PRC Labor Contract Law Includes Significant Changes Regarding Dispatch Arrangements
On December 28, 2012, the Standing Committee of the National People’s Congress amended the PRC Labor Contract Law.
February 11, 2013 Briefing Seventh Circuit Affirms Decertification of Wage and Hour Class Action
On February 4, the Seventh Circuit Court of Appeals issued an important decision that may impact the ability of plaintiffs to maintain large wage and hour class and collective actions. Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. 2013). The Court of Appeals affirmed a district court ruling that decertified, near the eve of trial, a class of more than 2,300 class members alleging various wage and hour violations.
February 11, 2013 Briefing California’s Fair Employment and Housing Act Significantly Reorganizes Procedure for Prosecuting Discrimination Cases
On January 1, 2013, the Department of Fair Employment and Housing implemented a reorganization plan meant to streamline the process and reduce the cost of litigating discrimination cases in the state of California.
February 7, 2012 Briefing U.S. Department of Labor Issues Final Rule & Survey Report on the Family and Medical Leave Act’s 20th Anniversary
The U.S. Department of Labor marked the 20th anniversary of the Family and Medical Leave Act, by issuing a Final Rule implementing two significant expansions of FMLA coverage related to veterans, military families, and airline personnel and flight crews.
February 5, 2013 Newsletter Labor News
Select events and news from the world of organized labor for January 2013
January 31, 2013 Briefing Reminder of Annual Requirements for Investment Managers
As we begin the New Year, we thought it would be helpful to remind our clients that manage separate accounts or private funds, whether hedge funds, private equity funds, commingled funds, or commodity pools, of certain obligations that may be applicable to them as “Investment Managers” under various U.S. federal and state laws and regulations.
January 25, 2013 Briefing D.C. Circuit Rules Obama Recess Appointments Unconstitutional
The U.S. Court of Appeals for the District of Columbia unanimously ruled today that President Barack Obama’s recess appointments to the U.S. National Labor Relations Board last year were “constitutionally invalid” because the Senate was not in recess at the time of the appointments. Noel Canning v. NLRB, 12-1115 (D.C. Cir. Jan. 25 2013).
January 15, 2013 Briefing New California Disability Regulations
California’s Office of Administrative Law recently approved the state’s Fair Employment and Housing Commission’s proposed pregnancy disability regulations.
January 7, 2013 Newsletter Labor News
Select events and news from the world of organized labor for December 2012
December 31, 2012 Briefing NLRB Finishes 2012 by Issuing Numerous Notable Decisions for Union and Non-Union Employers
In the last month, the NLRB issued a number of significant decisions touching on a broad range of labor law issues including, among others, social media postings, backpay awards, requests for information, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a collective bargaining agreement.
December 20, 2012 Briefing NLRB Reverses Longstanding Practice and Rules that a “Dues-Checkoff” Provision Survives a Contract’s Expiration
On December 12, the National Labor Relations Board ruled 3-1 that a labor contract provision authorizing an employer to deduct union dues from an employee’s paycheck (known as a “dues-checkoff”) continues in force after the labor contract containing the dues-checkoff provision expires.
December 20, 2012 Briefing EEOC Approves Strategic Enforcement Plan
This week, the U.S. Equal Employment Opportunity Commission, by a 3-1 vote, approved a Strategic Enforcement Plan establishing the agency’s national enforcement priorities for fiscal years 2013-2016 and improving integration of enforcement responsibilities between field offices.
December 12, 2012 Briefing Michigan Enacts Right-to-Work Laws
On December 11, 2012, Michigan became the 24th state to enact “right-to-work” legislation. Right-to-work legislation prohibits “compulsory unionism” by declaring invalid so-called “union security” or “closed shop” clauses in collective bargaining agreements.
December 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for November 2012
November 27, 2012 Briefing U.S. Supreme Court Holds That Arbitrators Decide the Validity of Noncompetition Clauses Under Valid Arbitration Agreements
The U.S. Supreme Court has once again dealt a decisive blow to a state court’s effort to resist a valid arbitration agreement.
November 7, 2012 Newsletter Labor News
Select events and news from the world of organized labor for October 2012
November 2, 2012 Briefing Virginia Supreme Court Holds That Individuals Can Face Wrongful Discharge Claims
On November 1, the Virginia Supreme Court held that Virginia law provides a claim of wrongful discharge directly against individuals, such as supervisors or managers, who participate in the firing of an employee, even if they are not the employee’s actual employer.
October 12, 2012 Briefing California Legislative Update
In September 2012, California Governor Jerry Brown signed into law several bills that will impact all employers with California employees. Employers should review these new laws and adjust their policies and practices as needed to ensure compliance by January 1, 2013, when many of the new laws become effective.
October 9, 2012 Briefing Sixth Circuit Holds that Severance Pay is Not Subject to FICA Taxes
A few weeks ago, the Sixth Circuit affirmed the Western District Court of Michigan’s holding in U.S. v. Quality Stores Inc., 424 B.R. 237 (W.D. Mich. 2010), that severance payments made to employees pursuant to an involuntary reduction in force were not “wages” for Federal Insurance Contribution Act tax purposes.
October 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for September 2012
October 4, 2012 Briefing NLRB Upholds Termination Based on Facebook Posting
In previous briefings, we have summarized various guidance memoranda issued by the National Labor Relations Board’s Office of the General Counsel concerning social media issues.
September 21, 2012 Briefing NLRB Issues First Decision on Social Media Policies
A three member panel for the National Labor Relations Board has issued its first decision concerning the validity of an employer’s social media policy.
September 11, 2012 Briefing Seventh Circuit Overturns Precedent and Holds Employers Must Use Job Reassignment as Reasonable Accommodation for Qualified Employee – absent undue hardship
On September 7, the U.S. Court of Appeals for the Seventh Circuit held that employers must reassign disabled employees to vacant positions for which they are qualified if the accommodation would ordinarily be reasonable and would not cause undue hardship, reversing its interpretation of the Americans with Disabilities Act. EEOC v. United Airlines, Inc., Case No. 10-cv-01699.
September 7, 2012 Newsletter Labor News
Select events and news from the world of organized labor for August 2012
August 24, 2012 Newsletter Greater China Law Update August 2012
Winston & Strawn's Greater China Law Update is a publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces.
July 2012 Newsletter Labor News
Select events and news from the world of organized labor for July 2012
August 2, 2012 Briefing Illinois Amends Right to Privacy in the Workplace Act to Include Social Media
On Aug. 1, Illinois Gov. Pat Quinn (D) signed H.B. 3782, amending Section 10 of the Illinois Right to Privacy in the Workplace Act, (820 ILCS 55), into law.
July 17, 2012 Briefing National Labor Relations Board May Review At-Will Employment Statements in Handbooks
The National Labor Relations Board’s Regional Office in Phoenix, Ariz., recently filed a complaint against a national hotel chain, alleging that the at-will provision in the chain’s handbook, which stated that the provision could only be changed through a written agreement between an employee and certain executives, was overbroad and violated the National Labor Relations Act.
June 2012 Newsletter Labor News
Select events and news from the world of organized labor for June 2012
June 21, 2012 Briefing Supreme Court Holds First Amendment Bars SEIU from Requiring Objecting Nonmembers to Pay Special Fee to Finance Political Activities
The Supreme Court held that the SEIU violated the First Amendment when it required objecting nonmembers to pay a special fee for the purposes of financing the union’s political and ideological activities.
June 18, 2012 Briefing Supreme Court Rules Pharmaceutical Sales Representatives Exempt as Outside Salesmen Under the FLSA
The Supreme Court ruled 5-4 that pharmaceutical sales representatives, whose primary duty is to obtain nonbinding commitments from physicians to prescribe their employer’s prescription drugs, qualify as outside salesmen for purposes of the Fair Labor Standards Act’s outside sales exemption.
June 1, 2012 Briefing National Labor Relations Board General Counsel Issues Third Report on Employer Social Media Policies
On May 30, 2012, the National Labor Relations Board Acting General Counsel, Lafe Solomon, issued a report on the lawfulness of employer policies governing social media (Memorandum OM 12-59).
June 1, 2012 Briefing Sixth Circuit Says the ADA Requires “But For” Causation
On May 25, the U.S. Court of Appeals for the Sixth Circuit held that the Americans with Disabilities Act requires plaintiffs to prove their disabilities were a “but for” cause of any adverse employment action. Lewis v. Humboldt Acquisition Corp., Inc., Case No. 09-6381.
May 15, 2012 Briefing District Court Invalidates NLRB Election Rules Changes Due to Lack of Participating Quorum
On May 14, 2012, the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board’s institution of changes to rules governing procedures to be followed in union representation cases was invalid because at the time the changes were passed, the Board lacked participation by a requisite three-member quorum. Chamber of Commerce v. NLRB, D.D.C., No. 11-cv-2262, 5/14/12.
May 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for April 2012
May 2, 2012 Briefing California Supreme Court Rules No Attorneys’ Fees for Prevailing Party in Rest Break Cases
On April 30, 2012, the California Supreme Court unanimously held that a party that prevails on a claim involving an employer’s alleged failure to provide employee rest periods under California Labor Code Section 226.7 cannot recover attorneys’ fees. Kirby v. Immoos Fire Prot. Inc., Cal., No. S185827.
April 27, 2012 Briefing NLRB General Counsel Issues Guidance Memorandum on Representation Rule Changes
On April 26, National Labor Relations Board Acting General Counsel Lafe Solomon issued a guidance memo outlining in detail how Regional offices will implement new representation case procedures that take effect on Monday, April 30.
April 26, 2012 Briefing EEOC Releases Enforcement Guidance on Employers’ Use of Criminal Records
On April 25, the Equal Employment Opportunity Commission released enforcement guidance in order to clarify and update the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment.
April 25, 2012 Briefing EEOC Says Title VII Protects Transgender Workers
On April 23, the Equal Employment Opportunity Commission released a decision stating that for purposes of Title VII, sex discrimination encompasses discrimination against transgender individuals, who are individuals who self-identify as a different gender from their biological sex at birth.
April 25, 2012 Briefing DLSE (Again) Revises Its Previously Revised California Wage Theft Prevention Act Template & FAQs
On Thursday, April 12, 2012, the California Division of Labor Standards Enforcement once again revised and posted its template “Notice to Employee” and Frequently Asked Questions regarding the Wage Theft Prevention Act.
November 18, 2011 Briefing SEC Announces Tighter Listing Standards for Companies Seeking to Enter the U.S. Market Through Reverse Mergers
On November 9, 2011, the U.S. Securities and Exchange Commission approved tougher listing standards for companies using reverse mergers to list on the major U.S. exchanges.
April 28, 2011 Newsletter Greater China Law Update April 2011
Winston & Strawn's Greater China Law Update is a publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces.
February 22, 2011 Briefing China Issued Rules for National Security Review of M&As by Foreign Investors
On February 12, the State Council General Office issued a circular on “the Establishment of a Mechanism for National Security Review of Foreign Mergers and Acquisitions of Domestic Enterprises,” which takes effect 30 days after the issuance of the Circular.
January 20, 2011 Newsletter Greater China Law Update January 2011
Winston & Strawn's Greater China Law Update is a publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces.