Publications

Dave Jochnowitz was cited in a Gartner research note on the SEC’s increased focus on companies that use nondisclosure provisions to impede employee-whistleblowers from reporting corporate misconduct to the agency.…

The last several years have marked a seismic shift in workplace norms. First, while initially an emergent response to the Covid-19 pandemic, remote and hybrid work arrangements are undoubtedly here to stay, meaning that traditional in-person supervision of employees is no longer an option. Second, rapidly expanding and contracting market conditions have created the need for companies to make large-scale hiring and layoff decisions. Many employers have turned to evolving technologies to address these needs – the first through monitoring software and the second through the application of AI-directed decision-making. These trends raise serious concerns for executives and employees around…

As many tech companies faced the tough decision to lay off thousands of workers last fall, Elon Musk’s chaotic and even antagonistic approach to his newly acquired Twitter workforce made those layoffs particularly painful. He may have gloated in his “hardcore” approach to slashing jobs, but his moves sparked a mobilization of worker self-advocacy and litigation that serves as a cautionary tale for any company considering aggressive terminations.

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The Health Law Handbook is the one of the heftiest handbooks in the last 32 years. It is replete with real content and insights to help practicing lawyers.

Analysis is done by way of noteworthy developments in the articles in four subdivisions, written by 25 authors.

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On September 6, 2022, the National Labor Relations Board released a Notice of Proposed Rulemaking addressing the standard for determining joint-employer status under the National Labor Relations Act. The Proposed Rule would roll back changes to the joint-employer test established in a 2020 rule and re-ground the analysis in its historic common-law agency principles.

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