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Jackson Lewis LLP Document Search Results (274) Show: results per page Sort by:  | Ohio Law Does Not Prohibit Workplace Harassment Based on Sexual Orientation, Ohio Court Rules
Scott A. Carroll, Vincent J. Tersigni; Jackson Lewis LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 An employee’s claim of sexual orientation harassment is not viable under the Ohio Civil Rights Act, which prohibits discrimination because of sex, the Ohio Court of Appeals has ruled. Inskeep v. Western Res. Transit Auth., 2013-Ohio-897 (Ohio Ct. App. Mar. 8, 2013).
| | Alleged Protected Activity Unrelated to Discharge, California Court Finds, Reverses $3 Million Verdict
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 Reversing a $3 million jury verdict in favor of a former human resources executive on his wrongful termination claim, the California Court of Appeal has ruled that the executive failed to establish that the employer’s decision not to continue his employment following a corporate acquisition...
| | Workers’ Comp Appropriate for On-Call Health Care Worker Injured on Way Home, Tennessee Court Finds
James R. Mulroy; Jackson Lewis LLP;
Legal Alert/Article March 28, 2013, previously published on March 27, 2013 An on-call surgical technician injured while driving home after assisting with an emergency surgery at a hospital was eligible for workers’ compensation benefits, the Supreme Court of Tennessee has decided. Shannon v. Roane Med. Ctr., Tenn., No. E2011-02649-WC-R3-WC (Mar. 13, 2013). The...
| | Plaintiffs Can Communicate with Defendant’s Employees in California False Claims Action, Court Rules
Mark S. Askanas; Jackson Lewis LLP;
Legal Alert/Article March 28, 2013, previously published on March 26, 2013 California’s Rules of Professional Conduct generally prohibit an attorney, directly or indirectly, from communicating with a represented party, including the party’s employees. However, this rule did not apply to prohibit communications between two qui tam plaintiffs and the...
| | Third Circuit Adopts DOL’s Liberal Test for Determining Protected Whistleblower Activity under SOX
Richard J. Cino, David R. Jimenez, Joseph C. Toris; Jackson Lewis LLP;
Legal Alert/Article March 28, 2013, previously published on March 26, 2013 The U.S. Court of Appeals for the Third Circuit has became the first federal Circuit Court to adopt the liberal “reasonable belief” standard for determining protected activity under the whistleblower provisions of the Sarbanes-Oxley Act (“SOX” or the “Act”)....
| | 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...
| | 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...
| | 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...
| | 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...
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