Scott McIntyre

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You are Being Monitored for Electronic Surveillance and Automated Management Practices, Says the NLRB

By Scott McIntyre and Sean Ryan on November 29, 2022 Posted in Alert

On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo sets out to restrict the “omnipresent surveillance” of employees in the advent of work at home culture. Ms. Abruzzo specifically identifies GPS tracking, video surveillance, and key loggers … Continue Reading

For California Electronic and Computing Services Companies, New Processes Required Before Responding to Warrants, Subpoenas and Other Information Requests

By Rachel Palmer Hooper, Scott McIntyre and Aleksandra Vold on October 12, 2022 Posted in Alert

In response to the Dobbs decisions, Califoria enacted legislation intended to enhance data privacy and block record requests by other states concerning alleged abortion-related offenses that are lawful in California. In September, California launched a website – abortion.ca.gov – dedicated to abortion access information. The website includes a disclaimer: “California protects your privacy.” On September … Continue Reading

Kentucky Federal Court Issues Three-State Preliminary Injunction Against Federal Contractor Vaccine Mandate

By Marc Antonetti and Scott McIntyre on December 3, 2021 Posted in Biden Administration, COVID-19

By Marc Antonetti and Scott McIntyre On Nov. 30, 2021, the Eastern District of Kentucky enjoined President Biden’s federal contractor vaccine mandate in Commonwealth of Kentucky v. Joseph R. Biden. Under Executive Order 14042, covered contract employees and employees working at covered contractor workplaces are required to receive their final vaccine shot by Jan. 4, … Continue Reading

Nationwide Permanent Injunction Bars Implementation of DOL’s “Persuader Rule”

By Scott McIntyre on November 21, 2016 Posted in DOL

As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption … Continue Reading

Nationwide Preliminary Injunction Bars Implementation of Department of Labor’s “Persuader Rule”

By Scott McIntyre on June 30, 2016 Posted in DOL

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act” … Continue Reading

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

By Scott McIntyre and Erika Spears on September 4, 2014 Posted in NLRB

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1 Fresh & Easy Neighborhood Market and United Food and Commercial Workers International Union decision, 361 NLRB No. 8 (July … Continue Reading

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

By Scott McIntyre on July 9, 2013 Posted in EEOC, Retaliation, Supreme Court

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline. In fact, the number of employee retaliation claims filed with the EEOC has nearly doubled in the past 15 years, and the law continues to create new opportunities for these kinds of claims. But … Continue Reading