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HTMLOFCCP Provides LGBT Resources for Contractors
Laura A. Mitchell; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 10, 2015
In response to requests following publication of the final regulations implementing President Obama’s recent Executive Order addressing non-discrimination and affirmative action on the basis of sexual orientation and gender identity, OFCCP has published a directory of resources to assist...

 

HTMLEmployer Could Not Establish Sufficient Evidence to Prove Employee Signed an Arbitration Agreement through an Electronic Signature
Kyle C. Worrell; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 23, 2015
A new case from the California Court of Appeal, Fourth Appellate District, Division Two, Ruiz v. Moss Bros. Auto Group, Inc., was certified for publication on December 23, 2014, and addresses an area of interest for many employers - electronic signatures on arbitration agreements. Employers must...

 

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...

 

HTMLEleventh Circuit Explains That Employer Knowledge of Work Renders It Compensable
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 21, 2015
The Fair Labor Standards Act requires payment for all hours an employer suffers or permits an employee to work. This standard is broad, and an employee’s timesheet is not a panacea against claims that he or she worked additional time where managerial employees may have corrupted that...

 

HTMLUtah’s Highest Court Finds LLC Managers Were Not Employers Under State Wage Law
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 20, 2015
When small entrepreneurial ventures collapse, disputes sometimes arise regarding who constituted an “employee” of the business and whether they were paid proper wages. As the venture has failed, the issue of individual liability often is raised. In a new decision, Utah’s highest...

 

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...

 

HTMLNike Lawsuit Against Former Designers Will Test Company Security Initiative
Shawn N. Butte; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 29, 2014
Athletic shoe manufacturer Nike filed suit on December 8, 2014 in Multnomah County Circuit Court in Oregon against three of its former designers alleging that the designers misappropriated Nike’s trade secrets and conspired with Adidas to start a new, competing business venture.

 

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...

 

HTMLPresident Obama to Call For National Data Breach Notification Law and Other Cybersecurity Measures
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
About two years ago, President Obama signed an executive order on the date that he delivered his State of the Union address which directed certain federal agencies to develop voluntary standards for achieving cybersecurity. Preparing for his 2015 State of the Union address, Bloomberg and other news...

 


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