Scott T. Silverman

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Adept at navigating complex labor and employment matters, Scott Silverman is noted by Chambers USA for being “expeditious” and “excellent at providing all points of view.” His range of experience includes representation of employers in administrative proceedings, federal and state court litigation, and arbitrations. Although he has worked on a variety of labor and employment issues throughout his career, Scott’s practice has emphasized labor management relations, employment discrimination, non-compete/trade secret, wage and hour, and retaliation claims. Complementing his litigation practice, he advises employers on day-to-day matters, and drafts manuals and contracts for his clients.a

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NLRB Posting Rule Upheld

On March 2, 2012, Judge Amy Berman Jackson of the United States District Court for the District of Columbia held that the National Labor Relations Board (“Board”) lawfully promulgated Subpart A of its Rule, “Notification of Employee Rights under the National Labor Relations Act” which requires employers to post a notice of employee rights.  However, … Continue Reading

Florida May Change Wage Payments For Tipped Employees

On February 16th  the Commerce and Tourism Committee of the Florida Senate reported favorably on a bill that would allow Florida employers to fundamentally alter the way that tipped employees are paid.  Senate Bill 2106 is now before  the Regulated Industries Committee.  The text of the bill is available here. Currently, the Florida minimum wage … Continue Reading

Waiver of Right to Bring Class or Collective Actions May Violate Federal Labor Law

The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court. The case examined an agreement under which employees waived their right to … Continue Reading

NLRB Acting General Counsel Issues Second Social Media Report

On January 25, 2012, NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The Memorandum covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to … Continue Reading

DOL Issues Notice of Rulemaking to Implement FMLA Amendments

On January 30, 2012, Secretary of Labor Hilda L. Solis announced that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. The … Continue Reading

EEOC Launches Small Business Task Force

The U.S. Equal Employment Opportunity Commission (EEOC) launched an internal task force that will focus on expanding and improving outreach and technical assistance to small businesses. The task force will seek to find avenues in which the agency may better collaborate with the small business community. The internal task force includes EEOC District Directors from … Continue Reading

Eleventh Circuit: Discrimination Against Transgender Employees On The Basis of Gender Non-Conformity Constitutes Sex-Based Discrimination

In a decision issued on December 6, 2011, the Eleventh Circuit has ruled that an employer may not discriminate against a transgender employee on the basis of gender non-conformity. That case, Vandiver Elizabeth Glenn v. Sewell R. Brumby, — F. 3d –, 2011 WL 6029978 (December 6, 2011) (11th Cir. 2011), makes clear that employers … Continue Reading

NLRB Issues Final Rule Requiring All Employers to Post Notice of Employee Rights

On August 25, 2011, the National Labor Relations Board (the “Board”) issued a final rule requiring employers subject to the National Labor Relations Act (the “NLRA”), which is the overwhelming majority of businesses, to post a notice in conspicuous places, informing their employees of rights under the NLRA, together with NLRB contact information and basic … Continue Reading

NLRB Issues Social Media Report

The National Labor Relations Board’s Acting General Counsel, Lafe Solomon, today released a report, which summarizes the outcome of investigations into cases involving involving the use of social media and employer media policies. Acting General Counsel Lafe Solomon stated his belief that the report will be of assistance to legal practitioners and human resource professionals. … Continue Reading

New Option For Employers To Avoid FLSA Attorneys’ Fees Claims

As many employers know, the Fair Labor Standards Act (”FLSA”) requires most businesses to pay their employees the federal minimum wage, as well as time-and-one-half their regular rate for hours worked in excess of forty (40) per week. The FLSA provides that the prevailing party is entitled to attorneys’ fees. The FLSA therefore tends to … Continue Reading

NLRB Continues Its Assault On Social Media Firings

The National Labor Relations Board issued a complaint last Friday against Knauz BMW, a Chicago area BMW dealership, alleging unlawful termination of an employee for posting photos and comments on Facebook that were critical of the dealership. The employee, a car salesman, and coworkers were unhappy with the food and beverages at a dealership event. … Continue Reading

NLRB Settles Facebook Firing Complaint

The NLRB settled its case against a Connecticut ambulance services company that discharged an employee after she posted negative comments about her supervisor on Facebook. The employer agreed that it had maintained an overly broad internet posting, blogging and communication policy. Under the terms of the settlement, the company must revise its policies to permit … Continue Reading

NLRB Makes It Easier For Unions To Organize

In Dana Corp, 356 NLRB No. 49 (December 6, 2010), the National Labor Relations Board (the “Board”) held that Dana Corporation and the UAW did not violate labor law when they entered into a Letter of Agreement (“LOA”) setting forth ground rules for additional union organizing, procedures for voluntary recognition upon proof of majority support … Continue Reading

NLRB Proposes Additional Burdens

Every employer needs to be aware of recent developments at the National Labor Relations Board that are sure to increase union activities. In two moves reported on December 21, 2010, the Board proposed a rule to require employers to post a notice of employee rights under the National Labor Relations Act and the acting General … Continue Reading

DOL To Partner With Plaintiff’s Attorneys

On December 13, 2010, the Wage and Hour Division of the Department Labor announced an “Atttorney Referral System” that it will maintain with the American Bar Association. When FLSA or FMLA charging parties are informed that the Wage and Hour Division is not pursuing their complaint, they will be given a toll-free number to contact … Continue Reading

Employee’s Use Of Social Media Is Protected Activity

Employers beware: firing an employee for bad-mouthing the boss on social media may violate the National Labor Relations Act, even for a non-unionized employer. The National Labor Relations Board just lodged a complaint against a Connecticut ambulance company alleging, among other things, that it unlawfully fired an Emergency Medical Technician for violating a policy that … Continue Reading

EEOC Provides For Further Job Protections

Yet another law for employers to worry about! The U.S. Equal Employment Opportunity Commission (EEOC) has issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act (GINA). GINA applies to all employers covered by Title VII and generally prohibits discrimination and harassment in the terms and conditions of employment, including health benefits, … Continue Reading