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HTMLVirginia Shooting Tragedy: What Employers Need to Know
Dove A. E. Burns, Stacey L. Pitcher; Goldberg Segalla LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On August 26, 2015, Vester Lee Flanagan, II shot and killed Alison Parker and Adam Ward, two Roanoke, Virginia journalists. Much has been — and will continue to be — written regarding this incident from the perspective of how it relates to gun control, mental health, or race relations....

 

HTMLNational Labor Relations Board Expands Joint Employer Status
Sean P. Beiter, Caroline J. Berdzik, Melissa M. Ferrara; Goldberg Segalla LLP;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In a 3-2 decision along party lines on Thursday, the National Labor Relations Board (NLRB, or Board) dealt a significant blow to fast food restaurants and other businesses that rely on the franchisee model as well as those organizations that utilize staffing agencies to supply their workers. In...

 

HTMLCircuit Courts Are Split on Applying the FLSA "Manager Rule"
Dove A. E. Burns, Stacey L. Pitcher; Goldberg Segalla LLP;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
The extent to which employees who are responsible for investigating or resolving discrimination complaints are protected from retaliation is still up for debate. State and federal discrimination statutes prohibit retaliating against employees who engage in activity pursuant to the same statutes. If...

 

HTMLD.C. Court of Appeals Backs DOL Reversal of Long-Standing Overtime Exemption for Home Care Agency Workers
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
Until recently, the U.S. Department of Labor (DOL) had long interpreted the federal Fair Labor Standards Act (FLSA) as exempting companionship-services workers and live-in domestic service workers employed by third-party employers (i.e., “home care agencies”) from the FLSA’s...

 

HTMLNLRB Dismisses Northwestern Football Players' Organizing Petition
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
August 20, 2015, previously published on August 19, 2015
A unanimous decision on Monday by the National Labor Relations Board (NLRB) ended the Northwestern University scholarship football players’ bid to unionize — without addressing the key issue that has plagued collegiate athletics for so many years: whether college athletes are employees...

 

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...

 


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