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HTMLFourth Circuit Adopts ‘But For’ Standard for Proof of Discrimination under Americans with Disabilities Act
Paul Holscher; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 21, 2016
A plaintiff’s discrimination claims under the Americans with Disabilities Act must be proven using the “but-for” standard, instead of the less demanding “motivating factor” test, the federal appeals court for the Fourth Circuit, in Richmond, has held, joining the Sixth...

 

HTMLU.S. Supreme Court: For Federal Diversity Jurisdiction Purposes, Trust Takes Citizenship of Members When Sued in Trust’s Name
Allison P. Dearington, Collin O'Connor Udell; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 16, 2016
“While humans and corporations can assert their own citizenship, other entities take the citizenship of their members,” the U.S. Supreme Court said in a short, unanimous decision penned by Justice Sonia Sotomayor. Americold Logistics, LLC v. ConAgra Foods, Inc., No. 14-1382, 2016 U.S....

 

HTMLMassachusetts Moves Closer to Toughening Pay Equity Requirements
Matthew J. Camardella, Samia M. Kirmani, Brian E. Lewis, Keerthi Sugumaran; Jackson Lewis P.C.;
Legal Alert/Article
March 21, 2016, previously published on February 12, 2016
The Massachusetts Senate has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. The House is considering the bill.

 

HTMLERISA Preempts Vermont Health Plan Reporting Law, Supreme Court Holds (Self-Funded Plans Take Note)
Ashley Bryan Abel, Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 18, 2016, previously published on March 3, 2016
Many employers would agree that reporting is a core function of employee benefit plan administration. On top of the numerous reporting requirements for group health plans imposed by the Internal Revenue Service and other federal agencies, states laws, including Vermont’s, add a layer of state...

 

HTMLRequired Paid Sick Leave Will Weigh Heavily on Government Contractors under Labor Department Proposal
Francis P. Alvarez, Laura A. Mitchell, Patricia Anderson Pryor, Mickey Silberman, Leslie A. Stout-Tabackman; Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2016, previously published on March 9, 2016
Government contractors may have reason to feel uneasy at what awaits them from the Administration’s latest effort to mandate worker benefits. U.S. Department of Labor’s Notice of Proposed Rulemaking provides a glimpse into how the Department of Labor intends paid sick leave...

 

HTMLNew California Regulations on Workplace Anti-Harassment, Anti-Discrimination Policies Effective April 1
Jamerson C. Allen; Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2016, previously published on March 8, 2016
New California regulations declaring that “[e]mployers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by” the California Fair Employment and Housing Act and that “[e]mployers have an affirmative duty to take reasonable...

 

HTMLOSHA, FCC Closing in on Best Safety Practices for Communications Tower Workers
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2016, previously published on March 8, 2016
Training and education were highlighted as key concerns of participants at a February 11 workshop called by the Occupational Safety and Health Administration and the Federal Communications Commission to discuss proposed guidance for best safety practices for mobile phone and broadcast tower workers...

 

HTMLSanta Monica, California, Joins Patchwork of Minimum Wage and Paid Sick Leave Laws
Cynthia L. Filla, Susan E. Groff; Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2016, previously published on March 9, 2016
California’s City of Santa Monica’s City Council has adopted an ordinance that enacts minimum wage and paid sick leave requirements for covered employees as well as new regulations pertaining to service charges and surcharges. Ordinance Number 2509 became effective on February 25, 2016,...

 

HTMLFederal Safety Agencies Issue Hazard Alert on Manual Tank Gauging in Oil and Gas Industries
Erik M. Dullea; Jackson Lewis P.C.;
Legal Alert/Article
March 17, 2016, previously published on March 8, 2016
Two government health and safety agencies have joined forces to produce a new hazard alert on the danger facing oil and gas industry workers who manually gauge or sample fluids on production and flowback tanks.

 

HTMLClaims and Recoveries Up at EEOC in 2015, Retaliation Tops Charges
Paul A. Patten, Jeremy S. Schneider; Jackson Lewis P.C.;
Legal Alert/Article
March 14, 2016, previously published on February 29, 2016
The number of charges filed with the U.S. Equal Employment Opportunity Commission rose in the Commission’s last fiscal year, and the amount of money the agency recovered through administrative enforcement and litigation rose sharply in 2015 over 2014. (The fiscal year runs from October 1 to...

 


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