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HTMLPoisoning a Coworker is Outside the Scope of Employment, California Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
A California Court of Appeal has ruled that a medical staffing company was not vicariously liable for its medical assistant who poisoned a coworker while on assignment at a hospital. Montague et al. v. AMN Healthcare, Inc., No. D063385 (Cal. Ct. App. Feb. 21, 2014). The Court found the medical...

 

HTMLU.S. Supreme Court Expands Sarbanes-Oxley Whistleblower Provisions to Private Employers
Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 11, 2014
Privately owned companies, in addition to publicly traded companies, may be subject to whistleblower liability under the Sarbanes-Oxley Act of 2002 (SOX), the U.S. Supreme Court has ruled in a 6-3 decision. Lawson v. FMR LLC, No. 12-3 (Mar. 4, 2014). The Court held private company employees, in...

 

HTMLUniversity Entitled to Fee Award after Defending Meritless Discrimination Claim, California Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
March 11, 2014, previously published on March 6, 2014
Finding an employee’s lawsuit under the California Fair Employment and Housing Act (“FEHA”) was “without merit[,] frivolous and vexatious,” the California Court of Appeal has affirmed an award of attorneys’ fees in the amount of $100,000 in favor of the employer....

 

HTMLUniversity Professor’s Religious Speech Not Protected, Mississippi Federal Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
March 11, 2014, previously published on March 6, 2014
Finding a professor’s reported comments to students regarding his religious beliefs were not protected under the First Amendment of the U.S. Constitution, a federal court in Mississippi granted summary judgment in favor of a state university on the professor’s retaliation claim. Payne...

 

HTMLEmployers Must Treat Employees on Military Leave like Those on Comparable Leaves, Appeals Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
March 10, 2014, previously published on March 3, 2014
Federal law protecting the job rights of employees going into military service can require employers, in addition to offering reinstatement, to accord employees on military leave the same benefits as employees on comparable long-term leaves, and these benefits may extend to facilitating the...

 

HTMLEEOC Reports Record Recovery in FY2013
Jackson Lewis P.C.;
Legal Alert/Article
March 5, 2014, previously published on March 3, 2013
The Equal Employment Opportunity Commission recovered $372.1 million for aggrieved employees in fiscal year 2013, the agency has announced. According to the EEOC, this is the highest monetary recovery in its history and continues the agency’s upward trend, despite complications from...

 

HTMLNew York City Council Expands New York Earned Sick Time Act
Jackson Lewis P.C.;
Legal Alert/Article
March 5, 2014, previously published on February 27, 2014
The City Council of New York City has passed by a vote of 48 to 3 a resolution supporting Mayor Bill de Blasio’s proposed amendments to the City’s soon-to-be-effective paid sick leave law, which include lowering the threshold for coverage from 15 employees to 5. Mayor de Blasio is...

 

HTMLHealth Care Reform Update: Government Releases 90-Day Waiting Restriction Final Rules and a Proposal
Jackson Lewis P.C.;
Legal Alert/Article
March 5, 2014, previously published on March 3, 2014
The Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services have issued final rules implementing the Affordable Care Act’s prohibition on requiring eligible workers to wait more than 90 calendar days (including weekends and holidays) for their...

 

HTMLNebraska Extends Veterans Preference to Spouses of Disabled Vets
Jackson Lewis P.C.;
Legal Alert/Article
March 5, 2014, previously published on February 27, 2014
Nebraska Governor Dave Heineman has approved a new Nebraska law that extends veterans preference in hiring to the spouses of permanently disabled veterans. The new law goes into effect January 1, 2015.

 

HTMLNo Private Right of Action under Tennessee Wage Regulation Act, Federal Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
March 5, 2014, previously published on March 3, 2014
The Tennessee Wage Regulation Act provides no private right of action to aggrieved employees, a federal district court in Nashville has ruled in a collective action for alleged unpaid wages. Abadeer v. Tyson Foods, Inc., No. 3:09-cv-00125 (M.D. Tenn. Oct. 3, 2013). However, the U.S. District Court...

 


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