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Jackson Lewis LLP Document Search Results (268) Show: results per page Sort by:  | Wage-Hour Class Action Must be Reconsidered under U.S. Supreme Court’s Demanding Standards
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article March 27, 2013, previously published on March 22, 2013 A class action alleging unpaid overtime and other wage and hour violations under the federal Fair Labor Standards Act and California law has been decertified by the U.S. Court of Appeals for the Ninth Circuit in light of the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131...
| | Grad Student Could Not Pursue Sexual Harassment Claim against University, But Retaliation Claim Allowed
Gregg E. Clifton; Jackson Lewis LLP;
Legal Alert/Article March 21, 2013, previously published on March 18, 2013 A graduate student who was allegedly harassed by a university’s football players could not pursue her sexual harassment claims against the university, but her retaliation claim could continue, the U.S. Court of Appeals for the Second Circuit has ruled. Summa v. Hofstra Univ., No. 11-1743 (2d...
| | Random Alcohol Testing Policy Found Job-Related, Consistent with Business Necessity, Did Not Violate ADA
Roger S. Kaplan, Joseph J. Lynett, Kathryn J. Russo; Jackson Lewis LLP;
Legal Alert/Article March 21, 2013, previously published on March 18, 2013 Upholding the validity of an employer’s random alcohol testing policy for newer, safety-sensitive employees under the Americans with Disabilities Act, a federal district court in Pennsylvania has ruled that the employer’s test protocol did not violate the ADA’s general prohibition...
| | Deceptive Home Health Aides Not Entitled to Reinstatement, Federal Court Rules
Ana C. Shields; Jackson Lewis LLP;
Legal Alert/Article March 21, 2013, previously published on March 18, 2013 Home health aides who deceived their employer about their intention to strike created a reasonably foreseeable risk of imminent danger to their patients and were not entitled to be reinstated to their original patients and schedules after they were given new assignments following the strike, the...
| | Federal Motor Carrier Safety Administration Grants Exemptions to 40 Hearing-Impaired Drivers
James R. Mulroy; Jackson Lewis LLP;
Legal Alert/Article March 21, 2013, previously published on March 18, 2013 There will be a 21 percent increase in the number of jobs for truck drivers over the next ten years, according to the U.S. Department of Labor. Currently, more than 20,000 truck driver positions nationwide go unfilled. The driver shortage will become more serious as the driver population ages and...
| | Employment Dispute Resolution Program Binding on Employee under Louisiana Law, Federal Court Rules
Susan Fahey Desmond, Charles F. Seemann; Jackson Lewis LLP;
Legal Alert/Article March 18, 2013, previously published on March 14, 2013 An employer’s dispute resolution program, stating that it was not “intended to violate or restrict any rights of employees guaranteed by state or federal laws,” did not give rise to the right to a jury trial, and so an employee was required to submit his age discrimination claim...
| | Termination Upheld Where Employee’s Facebook Photos Showed She was Dishonest While on FMLA Leave
J. Gregory Grisham, Robbin W. Hutton; Jackson Lewis LLP;
Legal Alert/Article March 18, 2013, previously published on March 13, 2013 An employer with a reasonable belief that its employee was abusing her Family and Medical Leave Act leave because, it concluded, she was dishonest when she was confronted with questions about her Facebook postings of vacation pictures taken while on FMLA leave is entitled to terminate the employee,...
| | Portland, Oregon, Mandates Employer-Provided Sick Leave
Mark A. Crabtree, Scott Oborne; Jackson Lewis LLP;
Legal Alert/Article March 18, 2013, previously published on March 15, 2013 Following examples set by San Francisco to the South, and Seattle to the North, the Portland, Oregon, City Council unanimously passed Portland’s new sick leave ordinance. The new law imposes significant burdens on employers in addition to mandating up to 40 hours of annual sick leave. The new...
| | New York City Enacts Legislation Prohibiting Discrimination against the Unemployed
Richard Greenberg, Daniel J. Jacobs; Jackson Lewis LLP;
Legal Alert/Article March 18, 2013, previously published on March 14, 2013 New York City is joining other jurisdictions, such as New Jersey, Oregon and the District of Columbia, with a law prohibiting discrimination against the unemployed. The New York City Council, on March 13, 2013, by a vote of 44 to 4 overrode Mayor Michael Bloomberg’s veto of legislation...
| | New Employment Eligibility Verification Form I-9 Available
Jackson Lewis LLP;
Legal Alert/Article March 14, 2013, previously published on March 11, 2013 U.S. Immigration and Customs Enforcement has published the new Employment Eligibility Verification Form I-9 (with a revision date of “03/08/13 N”) in the Federal Register. The new Form, published on March 8, 2013, should be used beginning May 7, 2013, at the latest.
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