Michael Nissan, Adam Mendelowitz

(Summer 2009, Employer Update)

Download PDF 

The issue contains articles on the following topics: 

• A federal circuit court split that has developed over whether the National Labor Relations Board has the authority to resolve cases with only two members, less than the five-member board provided by the National Labor Relations Act;

• The Third Circuit's decision in In re Hydrogen Peroxide Litigation, in which the Court followed the recent trend among circuit courts holding that district courts must resolve all legal, factual and expert disputes relevant to class certification, even if such disputes overlap with the merits;

• New regulations implementing New York's new plant closing law, which clarify the form of written notice that must be given in advance of mass layoffs and plant closings;

• The factors governing the assertion of the attorney-client privilege with respect to legal advice rendered by lawyers regarding employment law issues, and suggested protocols employment lawyers and their clients should consider in their efforts to preserve the privilege;

• The legal issues arising under wage and hour laws when hiring unpaid interns, a situation that has increasing importance for many employers due to the recent increase in the number of unemployed workers seeking internships;

• Mann Frankfort Stein & Lipp Advisors v. Fielding, a recent decision by the Texas Supreme Court which reverses a trend by lower Texas courts to invalidate non-competition covenants on technical grounds; and

• An analysis of the application of the Hart-Scott-Rodino Act in the equity compensation arena, including methods that executives can use to avoid the Act's notification and waiting period requirements.

• Employment

• Mendelowitz, Adam


• Nissan, Michael