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Writings by Gary S. Young

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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.
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Lawsuit Over Tech Anti-Poaching Pact Receives Class Action Certification post image

Lawsuit Over Tech Anti-Poaching Pact Receives Class Action Certification

A lawsuit alleging that several of the country’s most powerful high-tech companies had a secret, non-compete deal recently received class-action certification. More than 60,000 employees of Adobe Systems Inc., Apple Inc., Google Inc., and Intel Corp. are members of a class that allege that the pact not to recruit or hire each other’s employees resulted […]

Author: Gary S. Young

Link to post with title - "Lawsuit Over Tech Anti-Poaching Pact Receives Class Action Certification"
EEOC Clarifies When Partnerships May Be Liable Under the ADEA post image

EEOC Clarifies When Partnerships May Be Liable Under the ADEA

The Age Discrimination in Employment Act (ADEA) protects employees and job applicants, 40 years and older, from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. Further, the ADEA does not permit involuntary retirement predicated on age except where age is a bona fide occupational requirement […]

Author: Gary S. Young

Link to post with title - "EEOC Clarifies When Partnerships May Be Liable Under the ADEA"
A Bad “Rep” Can Impact a Company’s Ability to Attract Top Talent post image

A Bad “Rep” Can Impact a Company’s Ability to Attract Top Talent

A new survey suggests that prospective employees seriously consider a company’s reputation during their job search. In fact, almost 70 percent of job seekers would turn down jobs if the company had a bad “rep,” even if they are currently unemployed. The findings are part of an annual corporate reputation survey prepared by Corporate Responsibility […]

Author: Gary S. Young

Link to post with title - "A Bad “Rep” Can Impact a Company’s Ability to Attract Top Talent"
Treasury Releases Additional Guidance on Employer Mandate post image

Treasury Releases Additional Guidance on Employer Mandate

The deadline for Employers to comply with the “Employer Mandate” provisions of the Patient Protection and Affordable Care Act (PPACA) has been postponed until 2015. In addition to the delay, the Treasury Department recently released new proposals that will further limit the compliance burdens placed on U.S. businesses. As we have previously discussed on this […]

Author: Gary S. Young

Link to post with title - "Treasury Releases Additional Guidance on Employer Mandate"
So You Want to Start a New York Food Truck Business? post image

So You Want to Start a New York Food Truck Business?

Food trucks, a/k/a mini-restaurants on wheels, have become popular business ventures for food service entrepreneurs. However, before venturing into this line of business, one would be well advised to first carefully consider the risks, legalities and expenses unique to the mobile food industry (in addition to the ones that typically challenge all restaurants). Food trucks […]

Author: Gary S. Young

Link to post with title - "So You Want to Start a New York Food Truck Business?"
New HIPAA/HITECH Compliance Deadline of September 23, 2013 post image

New HIPAA/HITECH Compliance Deadline of September 23, 2013

Are you aware that there is a compliance deadline set for September 23, 2013 that may apply to your business? When originally passed, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) introduced new rules regarding the use and disclosure of a patient’s personal health information (“PHI”). Over the years, unless your business was […]

Author: Gary S. Young

Link to post with title - "New HIPAA/HITECH Compliance Deadline of September 23, 2013"
Terminating an Employee Without Damaging Your Company’s Reputation post image

Terminating an Employee Without Damaging Your Company’s Reputation

Recently, the termination of an AOL employee made the news headlines. The controversy was occasioned when Chief Executive Officer Tim Armstrong fired a staff member during a conference call attended by over 1,000 other employees. This incident understandably raises many questions about the proper way to end an employment relationship without creating unnecessary legal and […]

Author: Gary S. Young

Link to post with title - "Terminating an Employee Without Damaging Your Company’s Reputation"
A-Rod Situation Highlights Risks of Long-Term Contracts post image

A-Rod Situation Highlights Risks of Long-Term Contracts

The two contracts previously awarded to Alex Rodriguez are widely regarded as being the two worst contracts in the history of professional sports. The second contract with the New York Yankees was signed in December 2007, replacing a 10-year, $252 million deal with the Texas Rangers. The earlier package produced three straight last-place finishes, a 2004 trade […]

Author: Gary S. Young

Link to post with title - "A-Rod Situation Highlights Risks of Long-Term Contracts"
NJ Supreme Court Clarifies Legal Standard for Retaliation Claims Under Law Against Discrimination LAD post image

NJ Supreme Court Clarifies Legal Standard for Retaliation Claims Under Law Against Discrimination LAD

The Supreme Court of New Jersey recently issued a key decision regarding the proofs required under the state’s Law Against Discrimination (LAD). The case also addressed what is required for an award of emotional distress damages under the LAD as well as to sustain a fraud-based claim under the Conscientious Employee Protection Act (CEPA). The […]

Author: Gary S. Young

Link to post with title - "NJ Supreme Court Clarifies Legal Standard for Retaliation Claims Under Law Against Discrimination LAD"
The U.S. Supreme Court, in Overturning Section 3 of DOMA, Creates Issues for Benefit Plans post image

The U.S. Supreme Court, in Overturning Section 3 of DOMA, Creates Issues for Benefit Plans

Historically, the definition and regulation of the marriage relationship was deemed to be the exclusive domain of the states. With passage of the Defense of Marriage Act of 1996 (“DOMA”), Congress changed this assumption in two important respects: In United States v. Windsor (Case No. 12–30, decided June 26, 2013), the U.S. Supreme Court ruled […]

Author: Gary S. Young

Link to post with title - "The U.S. Supreme Court, in Overturning Section 3 of DOMA, Creates Issues for Benefit Plans"
Beware Plan Sponsors, the Department of Labor May be Knocking on Your Door post image

Beware Plan Sponsors, the Department of Labor May be Knocking on Your Door

The U.S. Department of Labor (“DOL”) has substantially increased the number of ERISA compliance audits it conducts each year.  Document requests covered in the typical audit letter are striking fear into the hearts of executives charged with HR responsibility. While in most cases the companies and their staff members do not deliberately violate the law’s […]

Author: Gary S. Young

Link to post with title - "Beware Plan Sponsors, the Department of Labor May be Knocking on Your Door"
Supreme Court Sides With Employers on Harassment Claim post image

Supreme Court Sides With Employers on Harassment Claim

What is expected of employers to defend harassment charges has been clarified by the U.S. Supreme Court’s recent decision in Vance v. Ball State.  The Court considered and rejected the EEOC’s broad definition of “supervisor” for purposes of establishing an employer’s liability for workplace harassment under Title VII of the Civil Rights Act. The Facts […]

Author: Gary S. Young

Link to post with title - "Supreme Court Sides With Employers on Harassment Claim"

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