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Jackson Lewis P.C. Document Search Results (406)

 

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HTMLCalifornia Amends Representative PAGA Law, Allows Curing of Certain Wage Statement Violations
Jonathan A. Siegel; Jackson Lewis P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 6, 2015
An amendment to California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”) affords an employer the right to cure certain wage statement violations before an employee may bring a civil suit against the employer.

 

HTMLFederal Standard for Enjoining Breach of Non-Compete Agreement Differs from Florida’s, Eleventh Circuit Rules
David M. Gobeo; Jackson Lewis P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 1, 2015
Federal courts must balance the potential harm to the former employee with the threatened injury to the party seeking to enforce a non-competition agreement when deciding whether to grant an injunction enforcing the agreement, a federal appeals court in Atlanta has ruled, possibly changing how...

 

HTMLNew Jersey High Court Clarifies Disgorgement as Remedy for Breach of Duty of Loyalty
Richard J. Cino, Eliza L. Lloyd, David M. Walsh; Jackson Lewis P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 1, 2015
The absence of actual economic loss to an employer as a result of an employee’s breach of the duty of loyalty does not preclude the employer from being awarded the equitable remedy of disgorgement, a unanimous New Jersey Supreme Court has ruled. Kaye v. Rosefielde, No. A-93-13 (Sept. 22,...

 

HTMLNew Jersey Casino Employee Weight Policy Fairly Applied, Court Approves
David G. Islinger, Eliza L. Lloyd; Jackson Lewis P.C.;
Legal Alert/Article
October 6, 2015, previously published on September 29, 2015
A New Jersey casino did not violate the state’s anti-discrimination law by enforcing a weight standard for its costumed beverage servers, called “BorgataBabes,” a three-judge panel of the state appellate court has ruled, upholding summary judgment for the employer as to the...

 

HTMLCalifornia Ban on Waiver of Representative PAGA Claims Not Barred by Federal Arbitration Act, Federal Court Holds
Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
October 6, 2015, previously published on September 29, 2015
Declining to enforce a representative action waiver contained in an arbitration agreement, the Ninth Circuit Court of Appeals, in San Francisco, has held that the Federal Arbitration Act (“FAA”) does not preempt California’s “Iskanian rule,” which prohibits waiver of...

 

HTMLEmployer Ambushed by Labor Board’s New Election Rule
Howard M. Bloom, Roger S. Kaplan, Philip B. Rosen, Timothy J. Ryan; Jackson Lewis P.C.;
Legal Alert/Article
October 1, 2015, previously published on September 28, 2015
Much has been written about the National Labor Relations Board’s new “ambush” election rules. The rules are a one-two punch to employers: first, by substantially shortening the pre-election period; and, second, by imposing onerous information disclosure obligations.

 

HTMLRescue and Recovery Work Necessary for Valid MSHA ‘j’ Order, Commission Rules
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
September 25, 2015, previously published on September 24, 2015
Mine regulators have no statutory authority to issue emergency “j” orders for immediately safeguarding people following a mine accident unless rescue and recovery is involved, the Federal Mine Safety and Health Review Commission has ruled. Section 103(j) of the Mine Act gives the Mine...

 

HTMLOSHA Promises Silica Rule Soon, but Its Future Remains Uncertain
Bradford T. Hammock; Jackson Lewis P.C.;
Legal Alert/Article
September 25, 2015, previously published on September 24, 2015
The Occupational Safety and Health Administration has pledged to release a comprehensive final rule on crystalline silica by the end of the current Administration, in January 2017.

 

HTMLGeorgia’s Garnishment Law on Shaky Ground
Justin R. Barnes, Erin J. Krinsky, Todd Van Dyke; Jackson Lewis P.C.;
Legal Alert/Article
September 24, 2015, previously published on September 22, 2015
Georgia’s garnishment statute is unconstitutional, a federal judge in Atlanta has held in Strickland v. Alexander, No. 1:12-CV-02735-MHS (N.D. Ga. Sept. 8, 2015), putting the future of state garnishment cases in doubt.

 

HTMLSales May Sizzle, But Keep Employees Cool
Bradford T. Hammock, Avidan Meyerstein, Alka Ramchandani; Jackson Lewis P.C.;
Legal Alert/Article
September 21, 2015, previously published on September 17, 2015
When the outdoor temperature tops 80 degrees Fahrenheit, the cool, air-conditioned comfort of a retail store may be a refuge for salespeople, but it is easy to forget that many other retail employees (including truck drivers, loaders, mechanics, janitors, maintenance personnel, cart attendants, and...

 


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