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Legal Articles: Jackson Lewis P.C.

 







Document(s) published by this organization: 269


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HTMLSparse Regulatory Agenda Belies Coming Final MSHA Rule on Civil Penalties
Mark Savit; Jackson Lewis P.C.;
Legal Alert/Article
December 15, 2015, previously published on December 10, 2015
The good news is that the Mine Safety and Health Administration has set forth a sparse regulatory agenda over the next six months, but the bad news is that agenda is topped by the agency’s intent to issue an unpopular final rule reforming its civil penalty procedures.

 

HTMLOSHA Rule Makers to be Busy in First Half of 2016
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
December 15, 2015, previously published on December 10, 2015
The first six months of the new year will be busy ones for the Occupational Safety and Health Administration if rules included in the agency’s semi-annual regulatory agenda are released as scheduled.

 

HTMLSecond Circuit Adopts Narrow Construction of Federal Computer Fraud Statute, Joins Circuit Split
Clifford R. Atlas, Ravindra K. Shaw; Jackson Lewis P.C.;
Legal Alert/Article
December 15, 2015, previously published on December 10, 2015
Ruling that under the federal Computer Fraud and Abuse Act (CFAA), an individual “exceeds authorized access” only when he obtains or alters information on a computer that he does not have authorization to access for any purpose, the federal appeals court in New York has reversed the...

 

HTMLNo GINA Violation for Alternate Duty Assignment after Firefighter Refused Compliance with ‘Mandatory Wellness Program’
Francis P. Alvarez, Joseph J. Lazzarotti, Katrin U. Schatz; Jackson Lewis P.C.;
Legal Alert/Article
December 15, 2015, previously published on December 9, 2015
The City of San Antonio Fire Department did not violate the Genetic Information Nondiscrimination Act (GINA) when it placed a firefighter on alternate duty after he failed to comply with a mandatory wellness program that evaluated fitness for duty, the federal appeals in New Orleans has ruled....

 

HTMLOSHA Seeks Comment on New OSHA Safety and Health Management Program Guidelines
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
December 11, 2015, previously published on December 8, 2015
The Occupational Safety and Health Administration is asking for stakeholder input on revised safety and health management guidelines that employers may adopt voluntarily. The draft guidelines update the agency’s 1989 safety and health program management guidelines.

 

HTML‘Shoplifting and No Apprehension’ Policy Vulnerable to Whistleblower Claims, Illinois Court Finds
Paul A. Patten, Melanie I. Stewart; Jackson Lewis P.C.;
Legal Alert/Article
December 11, 2015, previously published on December 8, 2015
A retail employer is liable under the Illinois Whistleblower Act (“IWA”) when it terminates an employee for violating its “shoplifting and no apprehension” policy prohibiting employees from calling law enforcement directly about suspected shoplifting, an Illinois federal...

 

HTMLOfficers’ Meal Breaks Not Compensable, Third Circuit Finds, Adopts Predominant Benefit Test
Katharine Thomas Batista, Stephanie J. Peet; Jackson Lewis P.C.;
Legal Alert/Article
December 11, 2015, previously published on December8, 2015
Formally adopting the fact-sensitive predominant benefit test to determine whether a meal period is compensable under the Fair Labor Standards Act, the federal appeals court in Philadelphia has held that correction officers who were not “primarily engaged in work-related duties” during...

 

HTMLLabor Board Decision and Worker Scheduling Requests on Congress’ Plate
Garen E. Dodge; Jackson Lewis P.C.;
Legal Alert/Article
December 10, 2015, previously published on December 7, 2015
Congress will grapple with bills to overturn the federal labor board’s decision on joint employers and to make work schedules more predictable for workers in 2016.

 

HTMLMine Case Highlights Shortcomings in Part 50 Audits of Occupational Injury and Illness Reporting
R. Brian Hendrix; Jackson Lewis P.C.;
Legal Alert/Article
December 10, 2015, previously published on December 8, 2015
Issues with the Mine Safety and Health Administration’s auditing of agency occupational injury and illness reporting mandates were exposed in a case in which an Administrative Law Judge threw out six citations because he said they failed to satisfy requirements of the regulation.

 

HTMLCalifornia Labor Commissioner’s Enforcement Powers Set to Expand Dramatically
Jamerson C. Allen; Jackson Lewis P.C.;
Legal Alert/Article
December 10, 2015, previously published on December 7, 2015
Effective January 1, 2016, California employers face a Labor Commissioner with significantly enhanced authority to enforce judgments for unpaid wages under California’s Fair Day’s Pay Act.

 


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