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HTML"Demystifying the Process of Contesting an OSHA Citation," IndustryWeek
Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
August 11, 2015, previously published on July 21, 2015
“The decision to contest an OSHA citation should never be made lightly. Indeed, many factors might be relevant to the decision-making process,” writes Michael Rubin, a partner in Goldberg Segalla’s OSHA and Worksite Safety Practice Group, in an article he wrote for the July 21,...

 

HTMLNet of Section 137 Widens, Threatening Admissibility of IME Reports in New York
Damon M. Gruber, Paul J. Kilminster, Thais E. Rodriguez; Goldberg Segalla LLP;
Legal Alert/Article
August 10, 2015, previously published on August 6, 2015
Employers and carriers facing workers’ compensation claims in New York must now be extra careful with their submissions of independent medical examination (IME) information to the New York State Workers’ Compensation Board. As a recent communication from the board shows, the penalty for...

 

HTMLIs Obesity a Disability that Requires Workplace Protections and Accommodations Under the ADA?
Caroline J. Berdzik, Dove A. E. Burns, Stacey L. Pitcher; Goldberg Segalla LLP;
Legal Alert/Article
August 3, 2015, previously published on July 23, 2015
A case currently pending before the U.S. Court of Appeals for the Eighth Circuit will address whether the protections of the Americans with Disabilities Act (ADA) should extend to obese workers. With more than two-thirds of adults in the United States considered overweight or obese, recognition of...

 

HTMLSecond Circuit Holds Extension of Probationary Employment Can Be Adverse Employment Action
Caroline J. Berdzik, Peter J. Biging, Joanne J. Romero; Goldberg Segalla LLP;
Legal Alert/Article
August 3, 2015, previously published on July 23, 2015
In Tolbert v. Smith, No. 14-1012-cv, 2015 U.S. App. LEXIS 10656 (2d Cir. June 24, 2015), the Second Circuit issued a decision holding that extending a probationary term instead of granting a teacher tenure constitutes an adverse employment action sufficient to support a claim for race...

 

HTMLConnecticut Goes Beyond the NLRA, Prohibiting Employer Restrictions on Disclosure of Wages
Caroline J. Berdzik, Dove A. E. Burns, Michael F. Lettiero, Stacey L. Pitcher; Goldberg Segalla LLP;
Legal Alert/Article
July 15, 2015, previously published on July 14, 2015
While employers frequently attempt to restrict discussion among employees regarding pay, recent legislation in Connecticut prohibits employers from disciplining or otherwise retaliating against employees who discuss wage information.

 

HTMLSame-Sex Marriage: A Practical Guide for Employers
Caroline J. Berdzik, Dove A. E. Burns; Goldberg Segalla LLP;
Legal Alert/Article
July 7, 2015, previously published on June 29, 2015
Now that the U.S. Supreme Court has issued its highly anticipated ruling that states must legally recognize same-sex marriages, what specific impacts will it have on the employment relationship and employee benefits?

 

HTMLProposed USDOL Rule Would Create Millions of Newly Overtime-Eligible Employees
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
July 6, 2015, previously published on June 30, 2015
The United States Department of Labor (USDOL) has finally released its much-publicized and frequently delayed Notice of Proposed Rulemaking, which would update the Fair Labor Standards Act (FLSA) regulations concerning who is and is not eligible for overtime pay under federal law. The USDOL...

 

HTMLImpact on Employers After Supreme Court's Ruling of Uphold Key Provision of Affordable Care Act
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
June 30, 2015, previously published on June 25, 2015
In a 6-3 decision issued today, the United States Supreme Court once again upheld President Obama’s signature legislation, the Patient Protection and Affordable Care Act, keeping the employer mandate in effect for all states - even those without their own health insurance exchange.

 

HTMLUp in Smoke? Colorado's Highest Court Upholds Termination of Employee for Off-Duty Medical Marijuana Use
Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
June 19, 2015, previously published on June 16, 2015
In a closely watched case involving the use of medical marijuana by an employee, the Colorado Supreme Court unanimously affirmed the lower courts’ rulings that businesses may fire employees for being under the influence of medical marijuana, even if that use takes place off the job.

 

HTMLControversies on the Rise Between Policyholders, Cyberinsurers, and CGL Insurers
Daniel W. Gerber, John J. Jablonski, Jonathan L. Schwartz; Goldberg Segalla LLP;
Legal Alert/Article
June 18, 2015, previously published on June 2, 2015
With all the high-profile and precedent-setting activity that occurred last month, May might as well be known as Data Breach Coverage Month. It saw the settlement of a landmark online data breach coverage case, the first cyberinsurance coverage ruling, a state supreme court affirming a data breach...

 


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