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HTMLNLRB Regional Director Rejects Election Petition of Faculty at Religiously-Affiliated College
Michael R. Bertoncini, Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
February 9, 2016, previously published on February 1, 2016
Colleges and universities contending that their tenured and tenure-track faculty are managerial employees who do not have the right to unionize or bargain collectively under the National Labor Relations Act should find reassurance in a recent National Labor Relations Board Regional Director’s...

 

HTMLNIOSH Proposes to Study Impact of a Worker Wellness Program
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
February 8, 2016, previously published on January 21, 2016
The National Institute for Occupational Safety and Health is seeking comment on a proposed study aimed at determining the effectiveness and economic return of a state-sponsored workers’ wellness program. It seeks to understand such a program’s impact on traditional occupational safety...

 

HTMLNew York State and New York City Guidance Focus Transgender Discrimination
Ellen M. Bandel, Richard I. Greenberg, Michelle E. Phillips; Jackson Lewis P.C.;
Legal Alert/Article
February 8, 2016, previously published on January 25, 2016
New York State and New York City have issued expansive new guidelines to protect the rights of transgender and gender non-conforming individuals.

 

HTMLOSHA Sets Hearing Date on Proposal to Drastically Limit Beryllium Exposure
Henry Chajet; Jackson Lewis P.C.;
Legal Alert/Article
February 8, 2016, previously published on January 21, 2016
The Occupational Safety and Health Administration will hold an informal hearing to gather testimony on a comprehensive agency proposal on worker exposure to beryllium. The proposal would cut the permissible exposure limit (PEL) tenfold and impose employer mandates. The current limit, 2.0 µg/m3, has...

 

HTMLSupreme Court Weighs in on Class Action ‘Pick-Off,’ but Leaves Significant Questions Unanswered
Jeffrey W. Brecher; Jackson Lewis P.C.;
Legal Alert/Article
February 4, 2016, previously published on January 21, 2016
The U.S. Supreme Court has eliminated a strategy defendants have used to stem the rising tide of class action lawsuits - offering the named plaintiffs in a class action lawsuit full relief, mooting their individual claim (regardless if they accept the offer), and along with it, rendering the class...

 

HTMLSupreme Court: ERISA Plan Cannot Recover Settlement Funds that Have Already Been Spent
William H. Payne, René E. Thorne; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
The U.S. Supreme Court has narrowed, ever so slightly, the ever-changing definition of “appropriate equitable relief” under ERISA Section 502(a)(3). In Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, the high court addressed whether a plan fiduciary can...

 

HTMLU.S. DOL Issues Guidance on Joint Employment Under the FLSA and MSPA
Alison B. Crane, Neil H. Dishman; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant Seasonal Agricultural Worker Protection Act (MSPA). This sub-regulatory guidance...

 

HTMLOSHA and FAA Agree to Increased Cooperation and Information Sharing to Protect Aviation Whistleblowers
Erik M. Dullea; Jackson Lewis P.C.;
Legal Alert/Article
January 26, 2016, previously published on January 14, 2016
The Occupational Safety and Health Administration and the Federal Aviation Administration have executed a memorandum of understanding (MOU) regarding the enforcement of the whistleblower provisions in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) (49 U.S.C....

 

HTMLMSHA Hits 23 Mines with Impact Inspections
Donna Vetrano Pryor; Jackson Lewis P.C.;
Legal Alert/Article
January 26, 2016, previously published on January 14, 2016
A total of 23 mines across 11 states were targeted by the Mine Safety and Health Administration for special emphasis inspections in November, and one of them — an Illinois cement plant — was tagged with 53 citations and five orders.

 

HTMLFaster Votes, But Few More Union Wins - A Surprising Look at ‘Quickie Election’ Rules at Year-End
Philip B. Rosen, Thomas V. Walsh; Jackson Lewis P.C.;
Legal Alert/Article
January 21, 2016, previously published on January 15, 2016
After several years of drafting, handwringing, and litigation, in April 2015, the National Labor Relations Board’s new expedited election rules became effective. The employer community held its collective breath as they were rolled out. These rules substantially shortened the pre-election...

 


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