Document(s) published by this organization: 268
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|Fourth Circuit Adopts ‘But For’ Standard for Proof of Discrimination under Americans with Disabilities Act|
Paul Holscher; Jackson Lewis P.C.;
March 30, 2016, previously published on March 21, 2016A plaintiff’s discrimination claims under the Americans with Disabilities Act must be proven using the “but-for” standard, instead of the less demanding “motivating factor” test, the federal appeals court for the Fourth Circuit, in Richmond, has held, joining the Sixth...
|Defective Loader Moves Too Slowly to Cause Injury, Judge Says, Finding Mine Violation Not Serious|
R. Brian Hendrix; Jackson Lewis P.C.;
March 30, 2016, previously published on March 14, 2016Although a defective piece of mobile equipment, which was restored to service, improperly moved despite the inactivation of the equipment, it did so too slowly to make an injury reasonably likely, an administrative law judge (ALJ) has ruled.
|U.S. Supreme Court: For Federal Diversity Jurisdiction Purposes, Trust Takes Citizenship of Members When Sued in Trust’s Name|
Allison P. Dearington, Collin O'Connor Udell; Jackson Lewis P.C.;
March 30, 2016, previously published on March 16, 2016“While humans and corporations can assert their own citizenship, other entities take the citizenship of their members,” the U.S. Supreme Court said in a short, unanimous decision penned by Justice Sonia Sotomayor. Americold Logistics, LLC v. ConAgra Foods, Inc., No. 14-1382, 2016 U.S....
|Oregon Minimum Wage Hikes Begin July 2016|
April Upchurch Olsen, Sarah J. Ryan; Jackson Lewis P.C.;
March 30, 2016, previously published on March 14, 2016While the federal minimum wage remains stagnant ($7.25 per hour since July 24, 2009), different states have sought to lead with their own minimum wage rulemaking.
|OSHA Relaxes Pleading Standards in Whistleblower Cases, More Complaints Expected|
Nickole C. Winnett; Jackson Lewis P.C.;
March 30, 2016, previously published on March 14, 2016Employers face the possibility of an increase in whistleblower complaints under new guidance from the Occupational Safety and Health Administration that relaxes the standard for investigators tasked with determining if a violation of a whistleblower statute exists. OSHA provides whistleblower...
|Massachusetts Moves Closer to Toughening Pay Equity Requirements|
Matthew J. Camardella, Samia M. Kirmani, Brian E. Lewis, Keerthi Sugumaran; Jackson Lewis P.C.;
March 21, 2016, previously published on February 12, 2016The Massachusetts Senate has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. The House is considering the bill.
|ERISA Preempts Vermont Health Plan Reporting Law, Supreme Court Holds (Self-Funded Plans Take Note)|
Ashley Bryan Abel, Joseph J. Lazzarotti; Jackson Lewis P.C.;
March 18, 2016, previously published on March 3, 2016Many employers would agree that reporting is a core function of employee benefit plan administration. On top of the numerous reporting requirements for group health plans imposed by the Internal Revenue Service and other federal agencies, states laws, including Vermont’s, add a layer of state...
|Federal Safety Agencies Issue Hazard Alert on Manual Tank Gauging in Oil and Gas Industries|
Erik M. Dullea; Jackson Lewis P.C.;
March 17, 2016, previously published on March 8, 2016Two government health and safety agencies have joined forces to produce a new hazard alert on the danger facing oil and gas industry workers who manually gauge or sample fluids on production and flowback tanks.
|Santa Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws|
Cynthia L. Filla, Susan E. Groff; Jackson Lewis P.C.;
March 17, 2016, previously published on March 9, 2016California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016,...
|Required Paid Sick Leave Will Weigh Heavily on Government Contractors under Labor Department Proposal|
Francis P. Alvarez, Laura A. Mitchell, Patricia Anderson Pryor, Mickey Silberman, Leslie A. Stout-Tabackman; Jackson Lewis P.C.;
March 17, 2016, previously published on March 9, 2016Government contractors may have reason to feel uneasy at what awaits them from the Administration’s latest effort to mandate worker benefits. U.S. Department of Labor’s Notice of Proposed Rulemaking provides a glimpse into how the Department of Labor intends paid sick leave...