Document(s) published by this organization: 208
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|A Primer on Employer Obligations on Election Day|
Paul DeCamp, Richard I. Greenberg, Daniel J. Jacobs; Jackson Lewis P.C.;
November 14, 2014, previously published on October 28, 2014In anticipation of Election Day 2014 (Tuesday, November 4), employers should review their policies and practices to ensure workers are provided time off to vote as required by applicable law and all other obligations of the business are met.
|Six Myths about Data Privacy and Security that Professional Employer Organizations Should Skip|
Ted Nick Kazaglis, Joseph J. Lazzarotti; Jackson Lewis P.C.;
November 14, 2014, previously published on October 22, 2014Data breaches and compliance failures threaten company reputation and put individuals’ personal identities, finances, and medical information in jeopardy. In the Professional Employer Organization (PEO) industry, where companies providing PEO or other human resource outsourcing services...
|Covered by CBA, Employee’s State Law Whistleblower Claim Preempted by Federal Law, New Jersey Court Rules|
David M. Walsh; Jackson Lewis P.C.;
November 14, 2014, previously published on October 27, 2014An employee represented under a collective bargaining agreement (“CBA”) is barred from claiming whistleblower retaliatory discharge under the New Jersey Conscientious Employee Protection Act (“CEPA”) against his employer where his claim necessitates an interpretation of the...
|Plan to Minimize Spread of Flu and Legal Risks in the Workplace during Flu Season|
Joseph J. Lynett; Jackson Lewis P.C.;
November 14, 2014, previously published on October 29, 2014Seasonal flu has received limited attention with Ebola recently dominating the media coverage. Each flu season, however, according to Flu.gov, nearly 111 million workdays are lost due to the flu. That equals approximately $7 billion per year in sick days and lost productivity. According to the...
|Latest Employer Wellness Plan to Draw EEOC Fire includes Biometric Screening Requirement|
Joseph J. Lazzarotti, Michael J. Soltis; Jackson Lewis P.C.;
November 14, 2014, previously published on October 30, 2014The Equal Employment Opportunity Commission appears to be implementing an assault on corporate wellness programs based on the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. After staying on the sidelines while the popularity of workplace wellness programs...
|D.C. City Council Removes Final Obstacle to Enforcement of Sick and Safe Leave Amendments|
Francis P. Alvarez, Joseph J. Lynett, Teresa Burke Wright; Jackson Lewis P.C.;
October 28, 2014, previously published on October 17, 2014The District of Columbia City Council has paved the way for full enforcement of the District’s Earned Sick and Safe Leave Amendments Act of 2013. Employers should comply with the amendments as of October 3, 2014.
|New Puerto Rico Laws Expand Protected Activity for Retaliation Claims, Create Civil Penalties for Violations of Vacation, Sick Leave Statute|
Jackson Lewis P.C.;
October 16, 2014, previously published on October 6, 2014After vetoing workplace bullying legislation this summer, the Governor of Puerto Rico has signed into law two amendments to existing employment laws that may increase litigation of retaliation and vacation and sick leave claims. The amendments are effective immediately.
|Attorney-Client Privilege No Shield to Stockholder’s Demand for Internal Review Documents, Delaware High Court Rules|
Jackson Lewis P.C.;
October 16, 2014, previously published on October 3, 2014Upon a showing of good cause, a stockholder could overcome a corporation’s attorney-client privilege when suing the corporation for acting contrary to the stockholders’ interests, the Delaware Supreme Court has ruled. Wal-Mart Stores, Inc. v. Indiana Electrical Workers Pension Trust...
|Professor’s Refusal to Undergo Fitness-for-Duty Exam Warranted Termination, California Court Rules|
Jackson Lewis P.C.;
October 16, 2014, previously published on October 6, 2014A university properly terminated a professor for failing to undergo a fitness-for-duty examination after he had engaged in instances of threatening behavior, the California Court of Appeal has ruled, affirming a judgment in favor of the University of San Francisco on a professor’s alleged...
|Labor Board Declines to Overrule Favorable Union Beck Notice Precedent|
Howard M. Bloom, Chad P. Richter, Philip B. Rosen; Jackson Lewis P.C.;
September 25, 2014, previously published on September 24, 2014A union fulfilled its “Beck” notice obligations to a new employee even though it failed to disclose the “reduced fees and dues” for which the employee would be responsible by refusing to become a member under a union security clause at the same time it first informed the...