McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsSupreme Court: An Employee’s Individual PAGA Claim Must Be Adjudicated in Arbitration
By Marjorie C. Soto Garcia and McDermott Will & Emery on Jul 21, 2022
Posted In Employment
On June 15, 2022, the Supreme Court of the United States finally issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana. The Court partially overturned Iskanian v. CLS Transportation Los Angeles, LLC (Iskanian), determining that the Federal Arbitration Act (FAA) preempts the aspect of Iskanian’s holding that precludes the division of Private Attorneys...
Continue Reading
When Are Cryptocurrencies Appropriate Investments for Retirement Plans and IRAs?
By Brian Tiemann and McDermott Will & Emery on Jun 7, 2022
Posted In Employee Benefits, Fiduciary and Investment Issues, Privacy and Data Security, Retirement Plans
The US Department of Labor (DOL) recently issued guidance for the first time on the investment of retirement plan assets in cryptocurrencies. Compliance Assistance Release No. 2022-01 cautions 401(k) plan fiduciaries to “exercise extreme care” before allowing participants to invest plan assets in cryptocurrencies because cryptocurrencies “present significant risks and challenges to participants’ retirement accounts,...
Continue Reading
New York City’s Wage Transparency Law to Take Effect November 1, 2022
By Lindsay Ditlow, Mark Meredith, Abigail M. Kagan and McDermott Will & Emery on May 31, 2022
Posted In Employee Benefits, Employment, Executive Compensation, Labor
On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their job advertisements. The Law was supposed to take effect on May 15, 2022, however, it...
Continue Reading
The Challenges and Opportunities of Hybrid Work
By McDermott Will & Emery on Apr 26, 2022
Posted In Benefit Controversies, Employee Benefits, Employment, Labor, Privacy and Data Security
What are some of the challenges and opportunities of hybrid work arrangements? In this Lexology GTDT Market Intelligence article, McDermott Partner Carole Spink offers insight about tracking remote work, navigating local rules, and protecting confidential and propriety information. Access the article.
Continue Reading
Telework Boom Has Employers Rethinking Hiring, Onboarding
By McDermott Will & Emery on Mar 2, 2022
Posted In Employment, Labor
The process of recruiting and onboarding new employees will require re-examination as remote work becomes a permeant fixture of the American workplace. In this Law360 article, McDermott Partner Ellen Bronchetti offers perspective about how companies will need to modify these policies and procedures. “My concern when you don’t have the level of engagement that you...
Continue Reading
US Supreme Court to Review Whether PAGA Claim Can Be Arbitrated
By Chris Braham, Joseph K. Mulherin and McDermott Will & Emery on Jan 28, 2022
Posted In Employment, Labor
California’s Private Attorneys General Act (PAGA) has so far evaded arbitration agreements. Now, the Supreme Court of the United States will take up Viking River Cruises, Inc. v. Moriana to determine whether the Federal Arbitration Act (FAA) “requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA.”...
Continue Reading
Labor Under Biden: What Employers Need to Know
By McDermott Will & Emery on Dec 30, 2021
Posted In Employee Benefits, Employment, Labor
Before the 2020 election, then-US Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” Now having been in office for almost a year, how has President Biden changed the country’s labor environment, and what can employers expect out of his administration? In these slides, McDermott Partners Ron Holland and...
Continue Reading
Round Up of 2021 Legal Issues for US Remote Workers
By McDermott Will & Emery on Dec 29, 2021
Posted In Employment, Labor
In a global interview panel sponsored by Lexology, McDermott Partner Carole A. Spink discusses the most critical US legal issues for remote workers. Spink explains how US employers can best prepare for the continuation of remote work and its corresponding legal complexities. Access the report.
Continue Reading
Fifth Circuit Brings Enforcement Back into the Mix: The Latest Court Moves with the CMS Vaccination Mandate
By Sandra M. DiVarco, Brian Stimson, Kristen O'Brien and McDermott Will & Emery on Dec 21, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
A flurry of litigation in federal district and appellate courts has led to an even split between states in which the COVID-19 vaccine mandate issued by the US Centers for Medicare and Medicaid Services (CMS) may be implemented and states in which such implementation has been prevented. Additional appeals are expected shortly; however, the practical...
Continue Reading
Vaccine Exemption Requests Put Legal Departments in Tricky Spot
By McDermott Will & Emery on Nov 11, 2021
Posted In Employment, Health and Welfare Plans
As more employers mandate vaccines for their workforces, in-house legal departments are encountering a host of challenges, including understanding religious accommodations and minimizing litigation exposure. According to this article published in Law.com, employers should have the ability to navigate Americans with Disabilities Act (ADA) and Title VII-related accommodation requests. However, McDermott Partner Carole Spink said...
Continue Reading
