Document(s) published by this organization: 409
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|Georgia Garnishment Ruling Modified by Judge, No Longer Applies to Wages|
Justin R. Barnes, Erin Krinsky, Todd Van Dyke; Jackson Lewis P.C.;
October 21, 2015, previously published on October 9, 2015Revising his September 8 decision that Georgia’s garnishment statute is unconstitutional, U.S. District Judge Marvin H. Shoob has issued an order stating that his ruling does not apply to wage garnishment cases filed against a judgment debtor’s employer. Strickland v. Alexander, No....
|California Amends Representative PAGA Law, Allows Curing of Certain Wage Statement Violations|
Jonathan A. Siegel; Jackson Lewis P.C.;
October 12, 2015, previously published on October 6, 2015An amendment to California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”) affords an employer the right to cure certain wage statement violations before an employee may bring a civil suit against the employer.
|Colorado Companions for Elderly Entitled to Overtime Pay|
Peter F. Munger; Jackson Lewis P.C.;
October 12, 2015, previously published on October 1, 2015The minimum wage and overtime pay rules in Colorado’s Minimum Wage Order (MWO) apply to companions for the elderly or infirm who work for third-party employers, a federal judge in Colorado has ruled. Kennett v. Bayada Home Health Care, Inc., 14-cv-2005-CMA-MJW (D. Colo. Sept. 24, 2015).
|New Procedures at Connecticut Commission on Human Rights and Opportunities|
Anna Matsuo, James F. Shea; Jackson Lewis P.C.;
October 12, 2015, previously published on October 5, 2015For the second time in five years, the Connecticut Commission on Human Rights and Opportunities (CHRO) will implement significant changes to its procedures for processing discrimination complaints, under Public Acts 15-249 and 15-5. These changes, including the availability of quick dispute...
|New Jersey High Court Clarifies Disgorgement as Remedy for Breach of Duty of Loyalty|
Richard J. Cino, Eliza L. Lloyd, David M. Walsh; Jackson Lewis P.C.;
October 12, 2015, previously published on October 1, 2015The absence of actual economic loss to an employer as a result of an employee’s breach of the duty of loyalty does not preclude the employer from being awarded the equitable remedy of disgorgement, a unanimous New Jersey Supreme Court has ruled. Kaye v. Rosefielde, No. A-93-13 (Sept. 22,...
|Federal Standard for Enjoining Breach of Non-Compete Agreement Differs from Florida’s, Eleventh Circuit Rules|
David M. Gobeo; Jackson Lewis P.C.;
October 12, 2015, previously published on October 1, 2015Federal courts must balance the potential harm to the former employee with the threatened injury to the party seeking to enforce a non-competition agreement when deciding whether to grant an injunction enforcing the agreement, a federal appeals court in Atlanta has ruled, possibly changing how...
|New Jersey Casino Employee Weight Policy Fairly Applied, Court Approves|
David G. Islinger, Eliza L. Lloyd; Jackson Lewis P.C.;
October 6, 2015, previously published on September 29, 2015A New Jersey casino did not violate the state’s anti-discrimination law by enforcing a weight standard for its costumed beverage servers, called “BorgataBabes,” a three-judge panel of the state appellate court has ruled, upholding summary judgment for the employer as to the...
|California Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds|
Sherry L. Swieca; Jackson Lewis P.C.;
October 6, 2015, previously published on September 29, 2015Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of...
|Employer Ambushed by Labor Board’s New Election Rule|
Howard M. Bloom, Roger S. Kaplan, Philip B. Rosen, Timothy J. Ryan; Jackson Lewis P.C.;
October 1, 2015, previously published on September 28, 2015Much has been written about the National Labor Relations Board’s new “ambush” election rules. The rules are a one-two punch to employers: first, by substantially shortening the pre-election period; and, second, by imposing onerous information disclosure obligations.
|OSHA Promises Silica Rule Soon, but Its Future Remains Uncertain|
Bradford T. Hammock; Jackson Lewis P.C.;
September 25, 2015, previously published on September 24, 2015The Occupational Safety and Health Administration has pledged to release a comprehensive final rule on crystalline silica by the end of the current Administration, in January 2017.