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- Professionals
- Lindsay Buchanan Burke
Lindsay Burke co-chairs the firm’s employment practice group and regularly advises U.S., international, and multinational employers on employee management issues and international HR compliance. Her practice includes advice pertaining to harassment, discrimination, leave, whistleblower, wage and hour, trade secret, and reduction-in-force issues arising under federal and state laws, and she frequently partners with white collar colleagues to conduct internal investigations of executive misconduct and workplace culture assessments in the wake of the #MeToo movement. Recently Ms. Burke has provided critical advice and guidance to employers grappling with COVID-19-related employment issues.
Ms. Burke guides employers through the process of hiring and terminating employees and managing their performance, including the drafting and review of employment agreements, restrictive covenant agreements, separation agreements, performance plans, and key employee policies and handbooks. She provides practical advice against the backdrop of the web of state and federal employment laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the False Claims Act, with the objective of minimizing the risk of employee litigation. When litigation looms, Ms. Burke relies on her experience as an employment litigator to offer employers strategic advice and assistance in responding to demand letters and agency charges.
Ms. Burke works frequently with the firm’s privacy, employee benefits and executive compensation, corporate, government contracts, and cybersecurity practice groups to ensure that all potential employment issues are addressed in matters handled by these groups. She also regularly provides U.S. employment law training, support, and assistance to start-ups, non-profits, and foreign parent companies opening affiliates in the U.S.
- Advising regional, national, and multinational employers on remote work, reduction-in-force, and return-to-workplace issues related to COVID-19.
- Led employment aspects of investigation of workplace culture at Uber Technologies, including design of proposed remedial measures.
- Co-led assessment of the workplace environment as part of larger independent review conducted on behalf of the board of major media company.
- Engaged by special committee of a board of directors to conduct independent investigation of CEO of biotechnology company accused of misconduct.
- Revised key company-wide leave policies for Massachusetts-based digital technology company operating in five states.
- Drafted settlement agreements on behalf of pharmaceutical company for relators in False Claims Act 3730(h) cases as part of global settlement with Department of Justice.
- Drafted employment agreements for executives of new U.S. subsidiary of UK-based company.
- Assisted in internal investigation of the CEO of a multinational technology company alleged to have engaged in misconduct with a contractor.
- Coordinated Latin American local counsel in review of employment agreements for use by multinational staffing firm in 32 countries worldwide.
- Successfully argued a whistleblower retaliation case arising under the False Claims Act in the U.S. Court of Appeals for the Fourth Circuit on behalf of a pharmaceutical company after winning dismissal at summary judgment stage.
- Advised media company concerning reduction of workforce in effort to streamline operations and reduce costs.
- Achieved favorable settlement on behalf of telecommunications client filing claim against former employee accused of breaching post-employment restrictive covenants and confidentiality obligations as well as misappropriating trade secrets.
- Won summary judgment in a sexual harassment case brought against a public university by a former professor.
- Defended major financial services firm in putative class action race discrimination litigation.
Pro Bono
- Successfully defended not-for-profit mental health agency, a provider of community homes for homeless and mentally ill DC residents, in overtime action under the Fair Labor Standards Act brought by former employee.
- Represented nonprofit animal shelter in complaint filed with the Department of Labor alleging violations of USERRA.
- Represented several employees of a moving company in settling race discrimination and overtime wage claims.
- Frequently advise nonprofit organizations on employment policies and handbooks.
- Washington DC Super Lawyers, Employment & Labor (2018-2020); "Rising Star" (2014-2015)
- Part of a team recognized by the Washington Lawyer’s Committee Outstanding Achievement Award for pro bono work with the Committee's Equal Employment Opportunity Project.
October 29, 2020, SHRM
Lindsay Burke and Carolyn Rashby spoke with SHRM about the actions employers can take when employees are not social distancing during the COVID-19 pandemic. Ms. Burke says, “Disciplining an employee for not wearing a mask while off duty or, for example, attending large events could violate these laws. But if a jurisdiction with an off-duty law has an executive ...
October 22, 2020, Inside Government Contracts
On October 21, 2020 the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Request for Information (“RFI”) seeking voluntary submissions of workplace diversity and inclusion training information and materials from federal contractors, federal subcontractors, and their employees. The RFI was published pursuant to Executive ...
September 29, 2020, Inside Government Contracts
On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO. The EO is broadly ...
September 25, 2020, Covington Alert
On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO. The EO is broadly ...
December 2020
As businesses across multiple industries and geographies prepare for reopening following COVID-19 closures, Covington is providing practical resources and guidance on the broad array of issues companies face as employees return to the workplace. Learn more in our multi-part series: Part One: Navigating the Legal Risk of Return Part Two: Potential ...
January 2021
Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our ...
December 1, 2020, Covington Alert
With a COVID-19 vaccine now on the horizon, employers are considering whether they can require employees to be immunized. Although mandating COVID-19 vaccination for employees will likely be permissible with some exceptions, employers will also need to grapple with a number of challenging issues, such as whether they should require the vaccination and what to do ...
November 30, 2020, Covington Alert
This International Employment Update summarises recent international employment law developments in the European Union, Germany, Spain, the United Arab Emirates, the United Kingdom and the United States.
October 8, 2020, Inside Compensation
New York State’s new paid sick leave law (“NYSSL”) took effect on September 30, 2020, requiring employers to allow employees to begin accruing paid sick leave benefits immediately. Employees may use their accrued leave under the NYSSL starting January 1, 2021. In response to its state law counterpart, New York City Mayor Bill de Blasio...… Continue Reading
September 25, 2020
WASHINGTON—Covington represented leading defense contractor Amentum on government contracts and other regulatory matters in its just-announced deal to acquire DynCorp International, a worldwide leader in aviation and logistics support service. Together, the two companies will create one of the largest providers of mission critical support services. The ...
DOL Revises FFCRA Regulations in Response to Federal Court Decision Invalidating Parts of the FFCRA
September 23, 2020, Inside Compensation
On September 11, 2020, the U.S. Department of Labor (“DOL”) issued revised regulations to clarify certain rights and employer responsibilities under the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (“FFCRA”). The revisions were made in response to a recent decision of the U.S. District Court...… ...
September 18, 2020, Inside Compensation
A New York federal district court judge has struck down significant portions of the U.S. Department of Labor’s (“DOL”) joint employer rule, which went into effect earlier this year. As a result of this ruling, certain companies may be more likely to be deemed joint employers and exposed to liability for wage and hour violations...… Continue Reading
August 31, 2020, Covington Alert
Covington continues to assist many of our clients working on their return to the workplace plans. Because OSHA advises employers to provide employees training on how to correctly wear a mask to reduce the risk of transmission of COVID-19 in the workplace, we partnered with training consultant Labyrinth Training to produce this short video for our clients to use ...
June 23, 2020, Covington Alert
On June 22, 2020, President Trump issued a proclamation titled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” (“June 22 Proclamation”). The June 22 Proclamation blocks the entry of foreign workers entering the United States on certain nonimmigrant visa categories, including H-1B, H-2B, ...
May 21, 2020, Covington Alert
On May 19, OSHA issued updated guidance reinstating employers’ obligations to record work-related COVID-19 cases. The guidance takes effect May 26. OSHA had previously suspended this obligation for most employers in an April 10 enforcement discretion document, but advocates for both employers and employees have recently pressed for more robust guidance from OSHA ...
May 11, 2020, The Wall Street Journal
Lindsay Burke is quoted in The Wall Street Journal regarding the actions employers can take when asking employees to return to work during the COVID-19 pandemic. When addressing the concerns of an employee who is nervous to commute to work, Ms. Burke says, “If you are able to work from home, ask to do so. If you are considered a vulnerable individual or have an ...
As US Reopens, Businesses Want Protections From Lawsuits
May 5, 2020, Agence France-Presse
Lindsay Burke spoke with Agence France-Presse about the lawsuits U.S. businesses may face from employees who contract COVID-19 while at work. Ms. Burke says companies should follow government guidelines to protect themselves legally as they bring employees back into the workplace. “We are generally advising employers to resume on-site operations in a voluntary ...
April 27, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...
April 27, 2020, The Wall Street Journal
Lindsay Burke spoke with The Wall Street Journal about the incentives companies can offer to employees returning to work. Ms. Burke says, “Extremely large companies might offer to subsidize people's purchases of private vehicles or subsidize rental cars.”
April 23, 2020, Financial Times
Lindsay Burke and Carolyn Rashby spoke with the Financial Times about the request from U.S. businesses that seek a shield from litigation if they expose employees to COVID-19 after calling them back to work. Both Ms. Rashby and Ms. Burke note that the firm’s employment practice has been flooded with questions about how employers could minimize their legal risks ...
April 22, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to the workplace, but this general rule must ...
April 22, 2020, Law360
Lindsay Burke and Carolyn Rashby are quoted in Law360 regarding legal dangers and logistical challenges associated with reopening businesses in the U.S. Ms. Burke says, “We're in a lot of new territory here. I don't think any employers in modern history have had to return to operations in the middle of a global health crisis. And so we're really trying to ...
April 21, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...
April 21, 2020, Bloomberg Law
Lindsay Burke and Carolyn Rashby spoke with Bloomberg Law about the uphill battle employees who contract COVID-19 on the job may face if they choose to sue their employer. Ms. Burke says, “We’re in territory we haven’t seen before. We are looking at a whole lot of different legal risks and issues. It’s not clear how they will play out. Traditionally an illness ...
April 17, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen its doors in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must ...
April 16, 2020, Covington Alert
Whether a company is an essential business or is expecting to reopen in the coming weeks, a number of challenges must be addressed in order to provide a safe environment in which employees can work, while at the same time mitigating risk and restoring operations. Generally speaking, employees can be required to come to work, but this general rule must be ...
April 8, 2020, Covington Alert
Employers are facing new challenges in responding to COVID-19 and its implications for their workplaces in the United States. The checklist below will assist in thinking through the issues most likely to need attention in the immediate future. Information, agency guidance, and potential responses to COVID-19 are changing rapidly. This checklist was last updated ...
March 25, 2020, Covington Alert
In light of the federal Families First Coronavirus Response Act ("FFCRA") and New York State’s sick leave law, both of which were signed on March 18, 2020, many New York employers will need to be prepared to comply with their new federal and state sick leave obligations to employees impacted by COVID-19. As discussed in a prior client alert, the FFCRA requires ...
March 24, 2020, Inside Compensation
As the COVID-19 public health crisis continues, businesses are dealing with unprecedented disruptions to operations and workforce stability. Most employers undoubtedly want to assist their employees during this uncertain time, but they are struggling to balance the cost of maintaining their workforce with shrinking profits. The frequent result of such a ...
March 24, 2020, Covington Alert
As the COVID-19 public health crisis continues, U.S. businesses are dealing with unprecedented disruptions to operations and workforce stability. Most employers undoubtedly want to assist their employees during this uncertain time, but they are struggling to balance the cost of maintaining their workforce with shrinking profits. The frequent result of such a ...
March 19, 2020, Covington Alert
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act, H.R. 6201 (the “Act”) in response to the pressing economic concerns arising from the spread of COVID-19. The Senate passed the House bill, as modified by the House on March 16, without change. For private-sector employers with fewer than 500 employees and certain ...
March 18, 2020 (Updated March 24, 2020), Covington Alert
In developing plans to cope with the coronavirus (COVID-19), employers must strike the right balance between Occupational Safety and Health Act (OSHA) requirements and restrictions on employees’ privacy and the Americans with Disabilities Act (ADA). Several key requirements are particularly relevant, and agency guidance on these topics is rapidly ...
February 10, 2020, Inside Compensation
The U.S. Department of Labor (“DOL”) has published a final rule, which takes effect on March 16, 2020, outlining the new four-factor approach DOL will use to determine whether, under the Fair Labor Standards Act (“FLSA”), a business is a “joint employer” of another company’s employees and thus jointly and severally liable for wage and...… Continue Reading
October 4, 2019, Inside Compensation
The U.S. Department of Labor (DOL) has announced a final rule that will increase access to overtime pay under the Fair Labor Standards Act (FLSA) for approximately 1.3 million workers. The final rule, which comes six months after DOL published a proposed rule in March, is the latest development in a years-long process by DOL,...… Continue Reading
August 2019, Covington Alert
The ECJ ruled on 14 May 2019 (C-55/18) that Member States must take measures to ensure that employers comply with the minimum rest periods and prevent workers from working in excess of the weekly maximum working hours, including introducing an "objective, reliable and accessible system" to measure daily working time.
Workplace Culture and Harassment Red Flags and Lessons Learned
June 6, 2019
This webinar discussed the importance of workplace culture and best practices to reduce the risk of a toxic work environment. Topics included the current landscape employers are facing, why culture in the workplace matters, warning signs of an unhealthy workplace culture, and the legislative response to the #MeToo movement.
April 3, 2019, Covington Alert
In February 2019, the U.S. Department of Justice (“DOJ”) announced a settlement with Honda Aircraft Company LLC regarding claims that Honda Aircraft violated the Immigration and Nationality Act (“INA”) by discriminating against non-U.S. citizens in an attempt to comply with requirements of the International Traffic in Arms Regulations (“ITAR”) and the Export ...
March 14, 2019, Inside Compensation
Following two years of anticipation, after a similar but more aggressive rule was proposed by President Obama’s administration and then squashed by federal courts in Texas, the Department of Labor (DOL) has issued the long-awaited Notice of Proposed Rulemaking that, if enacted, would expand access to overtime pay for certain employees under the Fair Labor...… ...
February 2019, Covington Alert
This International Employment Update summarises recent international employment law developments in China, France, Germany, Russia, the United Kingdom and the United States.
#MeToo Spurs New California Workplace Harassment Protections and Gender Equality on Corporate Boards
October 24, 2018, Covington Alert
California Governor Jerry Brown recently signed into law a number of landmark bills aimed at strengthening sexual harassment protections in the workplace and boosting gender equality in the boardroom. Here is an overview of the new statutes; unless otherwise specified, they take effect on January 1, 2019.
Lindsay Burke Quoted in Variety Article Regarding Importance of Workplace Cultural Reviews
June 9, 2018, Variety
Lindsay Burke is quoted in a Variety article regarding the importance of cultural risk assessments in the workplace. “If you’re going to get into brand crisis level allegations, you need more resources,” Burke says. “You need resources to review a larger set of documents. You need corporate governance expertise.”
May 23, 2018, Inside Compensation
The Supreme Court put to rest years of uncertainty regarding the enforceability of class action waivers for employees when it decided Epic Systems Corp. v. Lewis, 582 U.S. ___ (2018) on May 21. In a 5-4 decision, the majority held that employers do not violate the National Labor Relations Act (NLRA) or the Federal Arbitration...… Continue Reading
April 20, 2018, Covington Alert
On March 27 2018, the UK Equalities and Human Rights Commission (EHRC) published a report, Turning the tables: ending sexual harassment at work, in which it makes a number of recommendations for legal changes to better protect the victims of sexual harassment at work.
March 16, 2018, Inside Compensation
Part of Our Series on the Tax Cuts and Jobs Act of 2017 The Tax Cuts & Jobs Act of 2017 adds a new provision to the Code, section 162(q), that eliminates deductions for settlement payments related to sexual harassment or sexual abuse “if such settlement or payment is subject to a nondisclosure requirement.” The...… Continue Reading
February 14, 2018, Covington Alert
The Tax Cuts and Jobs Act of 2017 (the “Act”) became Pub. Law 115-97 on December 22, 2017. Many of its more startling provisions have become well known since then. Of less dramatic impact are several provisions affecting qualified employer plans, fringe benefits, and certain kinds of compensation. These provisions are described in this client alert. This client ...
February 1, 2018, Covington Alert
This International Employment Update summarises recent international employment law developments in China, India, Italy, Russia, the United Kingdom, and the United States.
Law360 Names Attys Who Moved Up The Firm Ranks In Q4
January 30, 2018, Law360
Law360 highlights the promotion of Covington's newest partners, including John Balzano, Lindsay Burke, Bradley Chernin, Christopher DeCresce, Guy Dingley, Matthew Dunn, Laura Flahive Wu, Pamela Forrest, Alexa Hansen, Megan Keane, Sam Pyun, Kyle Rabe, Ansgar Simon, Andrew Soukup, Emily Ullman, and Mark Young.
January 12, 2018, Covington Alert
The U.S. Department of Labor (DOL) recently announced that it will apply a new, more flexible test for determining whether interns working for “for-profit” companies are entitled to minimum wage and overtime protection under the federal Fair Labor Standards Act (FLSA). The new test is set forth in DOL Fact Sheet #71 (updated January 2018).
January 11, 2018, Covington Alert
The U.S. Department of Labor recently announced that it will apply a new, more flexible test for determining whether interns working for “for-profit” companies are entitled to minimum wage and overtime protection under the federal Fair Labor Standards Act. In this client alert, we discuss the new test and identify some important points for employers to consider ...
January 2018, Pratt's Privacy & Cybersecurity Law Report
October 13, 2017, Covington Alert
Beginning October 31, 2017, New York City employers will no longer be permitted to ask job applicants about their salary history or rely on a job applicant’s salary history in determining the potential salary or benefits for that applicant. The new legislation, which applies to all employees working in New York City and was signed by Mayor Bill de Blasio in May, ...
October 10, 2017, Inside Privacy
Today, one of the most critical risks a company can face is the cyber risks associated with its own employees or contractors. Companies are confronting an increasingly complex series of cybersecurity challenges with employees in the workplace, including employees failing to comply with established cybersecurity policies, accidentally downloading an attachment ...
Covington Promotes 16 New Partners
October 2, 2017
WASHINGTON—Covington has promoted 16 lawyers to its partnership. “It’s a great tribute to the firm’s vibrancy that we’re continuing to build an exceptional pipeline of new partners from within our ranks,” said Timothy Hester, Covington’s chair. “We’re confident that all 16 will add importantly to the firm’s strengths and will drive further expansion of core ...
All Change: Top Five Global Mobility Hot Topics
September 27, 2017, Employment Webinar Series
September 7, 2017, Covington Alert
On Tuesday, the Trump Administration announced plans to end the Deferred Action for Childhood Arrivals (“DACA”) program, which allows qualifying, vetted undocumented immigrants who came to the United States as children to remain in the country and obtain temporary work authorization. While some components of the DACA termination will begin to take effect ...
September 2017, Covington Alert
On March 5, 2017, the Belgian parliament enacted the Flexible and Workable Work Law, which seeks to increase flexibility for both employers and employees.
June 30, 2017, Covington Alert
Earlier this week, the Supreme Court issued a ruling staying certain parts of the injunctions entered by the Fourth and Ninth Circuit Courts of Appeal against Executive Order No. 13780, the so-called "travel ban" Executive Order (the “Order”), and the State Department issued clarifying guidance on June 28. The effect of the Supreme Court ruling is to allow ...
June 7, 2017, Covington Alert
Pursuant to the State Council’s directive to build harmonious labor relationships and to strengthen the system for resolving labor disputes, the Ministry of Human Resources and Social Security (MOHRSS) recently revised two sets of arbitration rules. The revisions address new issues and provide clarification of existing regulations. The key objectives are to ...
May 31, 2017, The Washington Post
Lindsay Burke is quoted by The Washington Post in an article regarding employee rights when it comes to off-duty political activity. Commenting on whether freedom of speech protections offer job protections for nongovernment workers, Burke says, "[I]f it's a private employer, there's no particular freedom of speech." She adds, "There are no particular First ...
April 28, 2017, Inside Government Contracts
Alex Acosta was confirmed by the Senate to be the next Secretary of Labor. He now takes responsibility for several high-profile issues with critical implications for government contractors. As we have previously written, the Labor Department was an exceptionally active regulator from 2013 through the end of the Obama Administration. Although few of us ...
March 7, 2017, Covington Alert
Yesterday, President Trump issued a new Executive Order (the “Order”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” This new Order replaces the so-called “travel ban” Executive Order issued January 27 (the “Prior Order”) which was subject to a nationwide temporary restraining order issued by the U.S. District Court for the ...
March 6, 2017, Business Insurance
Lindsay Burke is quoted in a Business Insurance article regarding the risks associated with internal office chat applications. “People think of it as a casual form of communication,” Burke says, “and they forget that it’s business and usually the company is keeping a record of the communication. And if the company finds itself in litigation, then the discovery ...
February 10, 2017, Covington Alert
Following last week’s advisory concerning President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”), numerous lawsuits were filed challenging the Order. One such challenge, filed by the State of Washington and the State of Minnesota, culminated in yesterday’s unanimous decision by the United States ...
February 7, 2017, Covington Alert
This International Employment Update summarises recent international employment law developments in Austria, China, France, Italy, the United Arab Emirates, the United Kingdom, and the United States.
January 30, 2017, Covington Alert
As has been widely reported, President Trump issued an Executive Order (“the Order”) on Friday, January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” which, among other directives, bans individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia (the “Covered Countries”) from entering the United States ...
December 19, 2016, Westlaw Journal Government Contract
November 21, 2016, Inside Government Contracts
Federal contractors who require employees to sign confidentiality agreements—including those selling only commercial products or in small quantities—need to examine their agreements closely. For the last two years, the government has sought to prohibit confidentiality agreements that restrict employees’ ability to report fraud, waste, or abuse to “designated ...
SEC Blasts Employee Confidentiality Agreements
November 7, 2016, Agenda
Barbara Hoffman and Lindsay Burke are quoted in an Agenda article regarding the SEC’s continued interest in restrictive confidentiality agreements that could deter employees from reporting company violations to authorities. According to Hoffman, the Occupational Safety and Health Administration administers a number of whistle-blowing programs for federal ...
October 21, 2016, The Washington Post
Lindsay Burke and Robert Lenhard are quoted in a Washington Post article regarding laws governing political communications in the workplace. According to Burke employees of private companies are often surprised they don’t have the First Amendment rights they do outside the workplace. She adds that although companies can’t prohibit workers from talking about ...
October 5, 2016, Inside Government Contracts
The Labor Department’s Wage & Hour Division (“WHD”) released final regulations implementing mandatory paid sick leave for employees working on federal service, construction, and concessions contracts. The Labor Department incorporated some changes to the proposed regulations, which we previewed earlier this year, but the final rule still imposes significant ...
October 5, 2016, Covington Alert
The International Employment Update summarises recent international employment law developments in the United Kingdom, France, Poland, China and the United States of America.
September 30, 2016, Covington Alert
The U.S. Securities and Exchange Commission (SEC) continues to aggressively pursue companies using severance and other employment agreements that could be perceived to discourage employees from reporting possible securities law violations. Three enforcement actions this past summer demonstrate the need for companies to proactively review and give consideration ...
August 29, 2016, Inside Government Contracts
Just in time for Labor Day, the Labor Department and FAR Council issued a final rule and accompanying “Guidance” to implement the Fair Pay and Safe Workplaces Executive Order. The new regulations will take effect on October 25, 2016. The regulations—which run to nearly 900 pages—contain a number of changes from the proposed regulations to...… Continue ...
Insider Threats to Cybersecurity—Prevent, Prepare, and React Webinar
June 21, 2016, Webinar
June 14, 2016, Covington Alert
Not content with California’s state law requiring employers to provide certain employees with paid sick leave, Los Angeles’s Mayor recently signed into law a new ordinance that would provide eligible employees working in the City of Los Angeles with more generous paid sick leave benefits. Meanwhile, voters in San Diego also recently approved a local sick leave ...
June 7, 2016, Covington Alert
On May 18, the U.S. Department of Labor (DOL) finalized its much-anticipated update to the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemption rule. Effective December 1, 2016, an employee must earn at least $913 per week—the equivalent of $47,476 per year, more than double the current rate—in order to qualify as exempt from overtime ...
April 8, 2016, Inside Government Contracts
Some Washingtonians stroll through CityCenterDC on shopping sprees at “upscale retail stores such as Hermès, Boss, and Louis Vuitton,” or meet for lunch at “high-end restaurants such as DBGB and Centrolina.” Covington lawyers watch these scenes from our offices in the northwest corner of CityCenterDC, where we recently analyzed the D.C. Circuit’s opinion ...
April 2016, Covington Alert
Europe Right to Private Life v. Right to Monitor On January 12, 2016, the European Court of Human Rights published its judgment in another case concerning an employee’s use of company information systems, once again highlighting the challenge of balancing an employee’s right to a private life against the right of an employer to monitor employees at work. In ...
March 18, 2016, Corporate Counsel
February 8, 2016, Inside Compensation
On January 20, the Department of Labor’s Wage and Hour Division (WHD) issued new guidance on joint employment under the Fair Labor Standards Act (FLSA). The guidance marks the third time in recent years that WHD has stressed the broad definition of “employment” under the FLSA, following June 2014 guidance on joint employment in the...… Continue Reading
July 23, 2015, Covington Alert
Insider Threats to Cybersecurity—Prevent, Prepare, React
July 17, 2015, Webinar
July 8, 2015, Covington Alert
4/16/2015, Covington E-Alert
March 12, 2015, Inside Counsel
Richard Shea, Lindsay Burke and Ashden Fein have authored this article on cybersecurity threats: "Cybersecurity threats can emanate not just from outside sources but from company insiders as well — including employees, executives, directors and contractors. According to NetDiligence’s 2014 Cyber Insurance Claims Study, roughly one-third of the reported events ...
November 10, 2014, Covington E-Alert
April 8, 2014, Covington E-Alert
March 25, 2014, Covington E-Alert
March 13, 2014, Inside Privacy
By Lindsay Burke and Brian Fitzpatrick On March 10, 2014, the EEOC and the FTC issued joint guidance on how the anti-discrimination laws and the Fair Credit Reporting Act (“FCRA”) apply to background checks performed by employers for employment application purposes. This guidance is published in two documents, one directed at employers and the other...… Continue ...
September 4, 2013, Inside Privacy
A New Jersey federal court recently held that an employee’s Facebook wall posts were protected by the Stored Communications Act (“SCA”), 18 U.S.C. § 2701 et seq., in one of the first cases to analyze the SCA’s application to the Facebook wall. Ehling v. Monmouth-Ocean Hospital Service Corp.., No. 2:11-cv-3305 (WMJ) (D.N.J. Aug. 20, 2013). An...… Continue ...
September 4, 2013, InsidePrivacy Blog
August 15, 2013, Covington Advisory
August 13, 2013, Inside Privacy
Many employers have been surprised by recent rulings that two common employment policies run afoul of the National Labor Relations Act (“NLRA”) even if their employees are not union members. Based on a legitimate interest in preserving confidentiality and privacy, many employers have adopted social media policies limiting what employees may post on Facebook ...
Department of Labor Moves Forward on Affirmative Action Regarding Individuals with Disabilities
August 8, 2013, Covington Advisory
March 14, 2013, InsidePrivacy Blog
June 22, 2012, Covington E-Alert
May 24, 2010
WASHINGTON, DC, May 24, 2010 — Covington & Burling LLP obtained summary judgment on all claims asserted by law professor Kyndra Rotunda against George Mason University. Ms. Rotunda had sued the University for sexual harassment, retaliation, pay discrimination, and constructive discharge in the U.S. District Court for the Eastern District of Virginia. After ...

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Practices
Education
University of Virginia School of Law, J.D., 2006
- Order of the Coif
- Virginia Law Review, Executive Editor
- James C. Slaughter Honor Award
Yale University, M.A., 1998
Kenyon College, B.A., 1997
- Phi Beta Kappa
- magna cum laude