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Legal Articles: Jackson Lewis P.C.

 







Document(s) published by this organization: 391


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HTMLFCC Seeks Comments On Fax Ad Opt-Out Notice
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
The Federal Communications Commission (FCC) is continuing its efforts to clarify the Telephone Consumer Protection Act (TCPA) and its requirements.

 

HTMLNLRB General Counsel Fails to Extend Weingarten Rights to Search of Company Vehicles
Howard M. Bloom, Ian B. Bogaty, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
A unionized employer may search a company vehicle without affording the employee who uses the vehicle an opportunity to exercise his “Weingarten rights” to have a union representative present during the search, according to an Advice Memorandum from the Office of the General Counsel of...

 

HTMLSupreme Court Upholds DOL Flip-Flop, While Concurrences Signal Doubt about Judicial Deference to Agencies
Jeffrey W. Brecher, Paul DeCamp, Richard I. Greenberg, Stephanie L. Perkins; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
The United States Department of Labor (“DOL”) did not violate the Administrative Procedure Act (“APA”) when it failed to provide the public with notice and an opportunity to comment before it flip-flopped on the application of the Fair Labor Standards Act’s...

 

HTML$40 Million In Sale of Business Held Sufficient Consideration for Non-Compete
V. John Ella; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 17, 2015
A federal court in Minnesota has rebuffed a plea by the founders of medical device company Rochester Medical to invalidate five year non-competes they signed in connection with the sale of their business to C.R. Bard, Inc. Conway v. C.R. Bard, Inc. (D. Minn. Feb. 12, 2015). Plaintiffs argued that...

 

HTMLOSHA Requests Budget Increase for FY 2016
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 4, 2015
The Occupational Safety and Health Administration (“OSHA”) requested a 7 percent budget increase for fiscal year 2016, for a total budget of $592.1 million.

 

HTMLSecretary in Germany Successfully Challenges Employer’s Monitoring...Is Your Monitoring Program Defensible?
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 25, 2015
According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers...

 

HTMLNLRB’s Renewed Focus On Immigration Issues Affects Complaint Cases
Patrick L. Egan, Roger S. Kaplan, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
The General Counsel of the National Labor Relations Board has instructed agency regional directors and other officials charged with investigating unfair labor practice charges to consider whether the immigration status of affected employees may affect the Board’s ability to proceed in...

 

HTMLResearch Manager Properly Classified As Exempt Administrative Employee
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 6, 2015
To be “administratively” exempt from overtime, in addition to being paid appropriately on a salary or fee basis, an employee must perform office or non-manual work directly related to the management or general business operations of his or her employer, with a primary duty which...

 

HTMLOSHA Redefines Small Business for the Purpose of SHARP Participation
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
OSHA is coming under criticism because of changes it has made to its Safety and Health Achievement Recognition Program (SHARP). The details were outlined in a memorandum to Regional Administrators dated November 24, 2014. However, opponents to the changes are upset because the memorandum was not...

 

HTMLHouse Joins Senate in Symbolic ‘Disapproval’ of Quickie Election Rule; Presidential Veto All but Certain
Philip B. Rosen, Thomas Walsh; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
The House of Representatives voted 232-186 on March 19th to disapprove the new NLRB election rules slated to go into effect on April 14th. The Senate passed a similar resolution of disapproval on March 4th.

 


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