Document(s) published by this organization: 264
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|U.S. Supreme Court: Ordinary Contract Principles Apply to Whether Retiree Health Benefits Survive Expired Bargaining Agreement|
Kimberly N. Dobson, Paul A. Friedman, Steven S. Goodman, Joy M. Napier-Joyce, Robert R. Perry; Jackson Lewis P.C.;
March 30, 2015, previously published on February 12, 2015The U.S. Supreme Court has established a new standard requiring that collective bargaining agreements, including those that establish ERISA plans, be interpreted by using ordinary principles of contract law. M&G Polymers USA, LLC, et al. v. Tackett, et al., No. 13-1010 (U.S. Jan. 26, 2015).
|Oakland’s New Law Raises the City’s Minimum Wage, Provides for Paid Sick Leave, and Addresses Hospitality Services Charges|
Kathryn B. Fox; Jackson Lewis P.C.;
March 30, 2015, previously published on March 13, 2015In November 2014, Oakland voters passed Measure FF, which went into effect on March 2, 2015, and made changes to the City’s minimum wage, paid sick leave laws and hospitality service charges.
|Senators Introduce Bill to Overhaul National Labor Relations Board|
Garen E. Dodge, Philip B. Rosen; Jackson Lewis P.C.;
March 27, 2015, previously published on January 30, 2015A bill introduced by Senate Majority Leader Mitch McConnell (R-Ky.) and Senator Lamar Alexander (R-Tenn.) on January 28 would make significant changes to the National Labor Relations Act, including adding a sixth member to the National Labor Relations Board and requiring an even representation of...
|California Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court|
Mitchell F. Boomer; Jackson Lewis P.C.;
March 27, 2015, previously published on January 22, 2015The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC,...
|What’s Next for the Affordable Care Act...Information Reporting|
Joseph J. Lazzarotti, Melissa Ostrower; Jackson Lewis P.C.;
March 27, 2015, previously published on February 27, 2015Employers with a calendar year health plan who have completed open enrollment and tackled many of the significant compliance hurdles toward Affordable Care Act (ACA) compliance may feel they are entitled to a breather. But there is no rest for the weary. Many more challenges lie ahead. In 2016,...
|New Jersey High Court Endorses Worker-Friendly Test for Employment-Status Disputes under State Wage Laws|
Maggie L. Gousman, David G. Islinger; Jackson Lewis P.C.;
March 27, 2015, previously published on January 20, 2015The New Jersey Supreme Court has held “that the ‘ABC’ test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether [an individual] is an employee or independent contractor for purposes of resolving a wage-payment or wage-and-hour...
|U.S. Supreme Court Supports Whistleblower Claim of Employee Fired for Leaking Sensitive Information|
Richard J. Cino, David R. Jimenez, L. Dale Owens; Jackson Lewis P.C.;
March 27, 2015, previously published on January 23, 2015Strictly construing the Whistleblower Protection Act (“WPA”) against the employer (here, the government) and in favor of the employee, the U.S. Supreme Court has ruled a federal air marshal’s whistleblower claim may proceed even though he had leaked confidential air security plans...
|Removing Essential Job Functions Not Reasonable Disability Accommodation under California Law, Court Rules|
Mark S. Askanas; Jackson Lewis P.C.;
March 27, 2015, previously published on March 3, 2015Affirming summary judgment in favor of an employer on an employee’s disability discrimination claims under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled that the employer was not required to eliminate essential functions of a...
|How to Comply with the New Jersey ‘Ban the Box’ Law|
Luke P. Breslin, James M. McDonnell; Jackson Lewis P.C.;
March 27, 2015, previously published on March 3, 2015In New Jersey, The Opportunity to Compete Act, otherwise known as the “Ban the Box” bill, restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process, became effective March 1, 2015.
|Wisconsin Becomes 25th Right-to-Work State|
Gregory H. Andrews, Philip B. Rosen; Jackson Lewis P.C.;
March 27, 2015, previously published on March 10, 2015The legislation, passed on March 6, 2015, and signed into law by Governor Scott Walker (R) on March 9, makes it illegal for a Wisconsin private-sector employer to enter into a collective bargaining agreement with a union under which an employee is required to join the union or pay union dues to it....