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HTMLLaw Professors Raise Concerns With Title IX Procedures
Anne E. Selinger; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 24, 2015
Do certain Title IX procedures abridge the due process rights of the accused for the sake of Title IX compliance? The University of Pennsylvania Law School has become the second law school in recent months to provoke a public response from law professors arguing the University’s new...

 

HTMLFCC Promises Action Against Those Who Fail to Safeguard
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 24, 2014
On December 19, 2014, the FCC published Chairman Thomas Wheeler‘s response to Senator Bill Nelson’s (D-FL) letter regarding the FCC’s recent proposed $10 million fine against two telecom companies.

 

HTMLMassachusetts Interscholastic Athletic Association To Implement Background Checks For Officials
Shawn N. Butte; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
Closing one of the last gaps in ensuring the safety of students from school workers in Massachusetts, the Massachusetts Interscholastic Athletic Association (MIAA) has approved an initiative requiring all high school referees to undergo criminal background checks by a unanimous vote of the board of...

 

HTMLPeer Review Confidentiality Requirement Protects Physician Reviewers from Adverse Employment Action, New Mexico Supreme Court Rules
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 27, 2015
When a physician participated in the peer review of another physician and his conduct during the review became the basis for adverse employment action against him, the New Mexico Supreme Court, in Yedidag v. Roswell Clinic Corp., ruled that the reviewing physician had a private cause of action...

 

HTMLCongress Reviews NLRB Quickie Election Rule
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 11, 2015
“The Board remains committed to the critical work of this agency and fully carrying out the law . . . As Congress considers this resolution, this Agency will continue productive conversations about the rule ensuring that our processes help fulfill the promise of the National Labor Relations...

 

HTMLUnder What Circumstances Can An Employer Restrict Employees from Using Its Email System? The Answer Will Have to Wait
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
In Purple Communications, the National Labor Relations Board held that, absent “special circumstances” justifying specific restrictions, federal labor law requires employers to permit employees who have been provided access to their employer’s email system to use that system for...

 

HTMLUnions Urge OSHRC to Change Procedural Rules
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 9, 2015
In a January 23, 2015 letter to the U.S. Occupational Safety and Health Review Commission (“Review Commission” or “OSHRC”), the agency that adjudicates contested OSHA citations, several unions, including the National Council for Occupational Safety and Health (National...

 

HTMLFormer Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete
Susan F. Desmond; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 5, 2015
Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s...

 

HTMLUtah Governor Signs Landmark LGBT and Religious Expression Anti-Discrimination Bill
Conrad Shawn Kee, Michelle E. Phillips; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 13, 2015
Utah Governor Gary Herbert (R) has signed into law a bi-partisan bill protecting lesbian, gay, bisexual, and transgender (LGBT) people from discrimination. While other states and local governments are considering similar initiatives, the Utah law is the first enacted legislation that seeks to...

 

HTMLMissouri Federal Court Reminds Employers that Non-Compete Agreements are not Automatically Assignable
Brian J. Christensen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
The United States District Court for the Western District of Missouri has declined to enforce two employment agreements containing non-competition covenants because the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another...

 


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