Document(s) published by this organization: 387
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|Rail Company Gets Split Decision in Mine Jurisdiction Case|
Mark Savit; Jackson Lewis P.C.;
August 13, 2015, previously published on August 12, 2015A locomotive repair shop operated by a South Dakota railroad company is not under the jurisdiction of the Mine Safety and Health Administration, even though the company and an adjacent mine share common ownership, but the railroad firm itself is under MSHA jurisdiction because it is an independent...
|OSHA Proposes Changes to Recordkeeping Rule|
Tressi L. Cordaro; Jackson Lewis P.C.;
August 13, 2015, previously published on August 12, 2015The Occupational Safety and Health Administration has proposed a rule intended to overcome a court ruling that barred the agency from citing an employer for failing to record an injury or illness beyond the six-month statute of limitations set out in the statute. The rule, proposed July 29, would...
|New Florida Law Offers Employers Leverage Against Employees’ Unauthorized Access of Data, Files|
Mendy Halberstam, Joseph J. Lazzarotti; Jackson Lewis P.C.;
August 12, 2015, previously published on August 11, 2015Effective October 1, 2015, Florida’s Computer Abuse and Data Recovery Act (Sections 668.801- 668.805, Florida Statutes) (CADRA) provides a new remedy to employers and other businesses that suffer harm or loss due to unauthorized access to their computers or to information stored on their...
|'Primary Beneficiary' Test Determines Employee Status of Unpaid Interns, Federal Appeals Court Rules|
Paul DeCamp, Richard I. Greenberg, Noel P. Tripp; Jackson Lewis P.C.;
August 12, 2015, previously published on August 10, 2015How should an employer determine whether unpaid interns at a for-profit employer are employees under the Fair Labor Standards Act entitled to compensation for services provided?
|Death Threats against Co-Workers Defeat Employee Disability Discrimination Claim, Federal Court Rules|
Andrew L. Pepper; Jackson Lewis P.C.;
August 12, 2015, previously published on August 10, 2015A depressed employee who was fired for threatening to kill his co-workers was not a qualified individual entitled to protection under the Americans with Disabilities Act, as the employee could not perform essential job functions, with or without an accommodation, a federal appeals court in San...
|EEOC Subpoena Has Long Reach in Age Discrimination Investigation|
Paul A. Patten, Jennifer L. Seda; Jackson Lewis P.C.;
August 11, 2015, previously published on August 11, 2015Highlighting just how far the Equal Employment Opportunity Commission investigative powers can go, a staffing firm under agency investigation for purportedly handling clients’ job requisitions that are facially discriminatory has been ordered to comply with an EEOC subpoena seeking the names...
|MSHA Launches Two New Safety and Health Initiatives|
Henry Chajet; Jackson Lewis P.C.;
August 7, 2015, previously published on August 5, 2015The Mine Safety and Health Administration has introduced a pair of initiatives, one in response to a recent increase in fatalities in the metal/nonmetal (M/NM) sector of mining, and the other following a report by an agency watchdog, which concluded MSHA could do more to address alleged...
|California Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights|
Conor J. Dale, Sherry L. Swieca; Jackson Lewis P.C.;
August 7, 2015, previously published on August 4, 2015An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). The much-anticipated...
|NLRB Doubles Down In Curbing Secrecy of Employer Investigations|
Howard M. Bloom, Roger S. Kaplan, Robert L. Murphy, Philip B. Rosen; Jackson Lewis P.C.;
August 7, 2015, previously published on July 30, 2015In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137...
|Maryland’s Montgomery County Enacts First Paid Sick and Safe Leave Law in State|
Donna M. Glover, Emmett F. McGee; Jackson Lewis P.C.;
August 7, 2015, previously published on August 3, 2015Montgomery County is the first county in Maryland to enact a paid sick and safe leave law. The Earned Sick and Safe Leave Law (“the Law”) requires employers operating and doing business in Montgomery County, that employ one or more employees, to provide paid sick and safe leave to their...