Lisa Lupion

Senior Associate
Employment Law
Read full biography at www.orrick.com

Lisa Lupion, an associate in Orrick’s New York office, is a member of the employment law group. Orrick’s Employment Law and Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters.

Ms. Lupion’s practice focuses on employment litigation and counseling. She has experience litigating a broad range of employment issues, including discrimination, harassment, wrongful discharge, compensation and wage-and-hour claims before federal and state courts, AAA, JAMS and FINRA. She frequently represents clients in state and federal administrative agencies. Ms. Lupion has also defended class and collective actions under state and federal laws, including claims for overtime, minimum wage, meal and rest break penalties, and expense reimbursements.

Ms. Lupion regularly advises clients on a variety of employment-related issues, including human resources policies and procedures, offer letters, severance agreements and employee termination. As part of her counseling role, she creates and conducts training programs for her clients. Ms. Lupion also has significant experience conducting internal investigations and audits.

Prior to joining Orrick, Ms. Lupion served as a law clerk to the Hon. Peter Leisure in the United States District Court for the Southern District of New York, and she was an associate at Proskauer Rose LLP in New York.

Lisa Lupion

Check This [Box] Out: Ban the Box Legislation Continues to Gain Momentum

An increasing number of cities, counties and states have passed laws restricting employers from inquiring about a job applicant’s criminal background, giving momentum to the “ban the box” movement.  The term “ban the box” refers to questions on an employment application that ask a job applicant about past convictions.  Proponents of the movement say that such legislation will help remove unfair employment barriers to job applicants with criminal histories.

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A 40 Hour per Week Volunteer? Second Circuit Says Yes

For forty hours, five days a week, for three years, Jayquan Brown provided services to New York City Department of Education’s Banana Kelly High School. Brown, who was a graduate of the school, was unable to secure a paid job after graduation and began an unpaid “volunteer internship” with the school. In that role, Brown assisted with student conflict resolution, lunch supervision, detention, parent contact, student escort, answered the telephone and handed out report cards and progress reports. He testified that he accepted the position with the goals of building his resume, modeling himself after one of his mentors—the school’s director of student life, and helping “show the kids that we do care.” Read More

The Joint-Employer Standard: Like All Good Things, Is It About To Meet Its End?

On May 12, the National Labor Relations Board issued a notice and call for amicus briefs to address whether the Board should maintain its existing joint-employer standard or adopt a new one. Notice and Invitation to File Briefs, Browning-Ferris Indus. of California, Inc., Case 32-RC-109684 (May 12, 2014). Read More

Did the EEOC Try Hard Enough to Resolve Your Case Before Filing Suit?

March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of the Equal Employment Opportunity Commission’s (“EEOC’s”) conciliation efforts prior to filing suit? In Mach Mining, the Seventh Circuit held “no,” although six other circuits to address this issue have acknowledged an employer’s ability to raise failure to conciliate as an affirmative defense. If the Supreme Court grants Mach Mining’s February 25, 2014 petition for review, the ruling could have significant impact for employers facing potential litigation with the EEOC. Read More

Compelling Individual Arbitration Violates National Labor Relations Act? It Does According to ALJ

Joining the ever growing list of opinions on the arbitrability of class claims, an NLRB Administrative Law Judge recently ruled that an arbitration agreement that did not expressly bar workers from bringing class or collective actions still violated federal labor law because the employer’s steps taken to enforce the agreement in court had the practical effect of doing so. Read More

Company E-mail Use Policies: The Next Battleground for the NLRB?

As reported in prior blogs, the National Labor Relations Board (NLRB) has become increasingly active in attacking employer policies on the grounds that those policies chill employees’ rights to engage in concerted activity. In particular, the NLRB has been scrutinizing social media policies. Read More

Better Late Than Never: The New York State Department of Labor Finally Issues Regulations on Permissible Wage Deductions

Almost one year after the New York Labor Law was amended to expand the scope of permissible wage deductions, on October 9, 2013, the New York Department of Labor has finally issued regulations that allow employers to take advantage of the changes to the law. Read More

A Welcome ‘Waive’ of Second Circuit Cases: Class Action Waivers Deemed Enforceable

For the better part of the last decade, the Second Circuit routinely and consistently struck down class action waivers in arbitration provisions. As recently as March 2011, the Second Circuit appeared to have brought down the hammer even further, by stating in In Re: American Express Merchants’ Litigation (“AmEx”) that a mandatory arbitration provision—even one that includes an express “class action waiver”—is unenforceable to the extent it “effectively precludes any action seeking to vindicate [plaintiff’s] statutory rights.”  Read More

Don’t “friend me”: More State Law Limitations on Accessing Employee Social Media Sites

Effective July 28, 2013, Washington became the eleventh state to have a law prohibiting employers from, among other things, asking its personnel for the user names and passwords to employee social media accounts. The law does have some limited exceptions, including allowing employers to retrieve content from an employee’s personal social media account in the context of an investigation into an employee’s misconduct, or if an employee is accused of making unauthorized transfers of proprietary information. Even then, however, employers can only access the information if it’s provided by the employee voluntarily.  Read More

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s Administrative Review Board (“ARB”), which held that Lockheed Martin violated SOX by constructively discharging employee Andrea Brown after she had engaged in protected activity. The court applied Chevron deference to the ARB’s employee-friendly interpretations of SOX’s requirements. Read More