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Legal Articles: Jackson Lewis P.C.

 







Document(s) published by this organization: 387


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HTMLHow To Appropriately Obtain Relevant Information From Social Networking Sites
Brett M. Anders, Michael A. Frankel; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on February 12, 2015
A New York state appellate court has confirmed that the mere initiation of a lawsuit does not provide a basis to permit a defendant unfettered access to a plaintiff’s social media sites. In Pecile v. Titan Capital Group, LLC, 2014 N.Y. App. Div. LEXIS 420 (1st Dep’t Jan. 23, 2014), the...

 

HTML“Loyalty” Provision Actually an Unenforceable Restraint of Trade, Georgia Court Rules
Adriana Midence Scott; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on April 1, 2015
Many employers require their employees sign agreements containing a “loyalty provision.” That is, a clause that requires the employee to devote all or most of his/her working time to the employer’s endeavors, while the employee remains employed by the employer. What many employers...

 

HTMLAnonymous Second-Hand Tip Did Not Establish Reasonable Suspicion for Public Employee Drug Test
Alyssa M. Smilowitz; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on March 27, 2015
A tip regarding employee on-the-job drug use by an unidentified source, relayed second-hand by a news reporter, is insufficient to establish individualized reasonable suspicion (required under the Fourth Amendment) to require a public employee to submit to a drug test, according to a recent...

 

HTMLOSHA Issues New Temporary Worker Bulletins
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on March 30, 2015
OSHA announced in April 2013 its initiative to protect temporary workers. Since then, OSHA has published three bulletins intended as guidance documents for situations where a staffing agency and a host employer are considered joint employers, sharing the responsibility to meet the health and safety...

 

HTMLStaying Current: the Latest on Executive Orders and OFCCP’s Regulatory Agenda
Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on March 16, 2015
Last spring and summer saw a flurry of Executive Orders and OFCCP actions. With everything that’s going on its hard to keep tabs on the status of all the new regulations and regulatory actions.

 

HTMLOSHA Revises Recent SHARP’s Memorandum
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on April 2, 2015
On March 20, 2015, OSHA rescinded portions of its recent memorandum, “Safety and Health Achievement Recognition Program: Updated Size”, after only four-months in response to employers’, state officials’, and Congressional members’ outcries. As described by Tressi...

 

HTMLACA Information Reporting Creates Data Privacy and Security Issues
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 17, 2015
During this year, businesses will be hearing a lot about the Affordable Care Act’s (ACA’s) information reporting requirements under Code Sections 6055 and 6056. Information gathering will be critical to successful reporting, and there is one aspect of that information gathering which...

 

HTMLOSHA Redefines Small Business for the Purpose of SHARP Participation
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
OSHA is coming under criticism because of changes it has made to its Safety and Health Achievement Recognition Program (SHARP). The details were outlined in a memorandum to Regional Administrators dated November 24, 2014. However, opponents to the changes are upset because the memorandum was not...

 

HTMLSecretary in Germany Successfully Challenges Employer’s Monitoring...Is Your Monitoring Program Defensible?
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 25, 2015
According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers...

 

HTMLEleventh Circuit Explains That Employer Knowledge of Work Renders It Compensable
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 21, 2015
The Fair Labor Standards Act requires payment for all hours an employer suffers or permits an employee to work. This standard is broad, and an employee’s timesheet is not a panacea against claims that he or she worked additional time where managerial employees may have corrupted that...

 


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