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HTML‘Attended’ Does Not Require Being Inside Drill Cab, Mining Commission Affirms
Avidan Meyerstein; Jackson Lewis P.C.;
Legal Alert/Article
April 19, 2016, previously published on April 5, 2016
A drill operator need not to be inside the cab of his drill at all times to comply with a mine safety standard stating that drills in operation “shall be attended at all times,” the Federal Mine Safety and Health Review Commission has ruled, upholding a judge’s ruling vacating...

 

HTMLDOL Issues Guidance on Intersection of Affordable Care Act and Federal Prevailing Wage Laws
Jewell Lim Esposito, Leslie A. Stout-Tabackman; Jackson Lewis P.C.;
Legal Alert/Article
April 18, 2016, previously published on April 5, 2016
Long-awaited guidance to governmental agencies on how the Affordable Care Act’s provisions regarding employer shared responsibility interact with the fringe benefit requirements of the McNamara-O’Hara Service Contract Act (SCA), Davis-Bacon Act (DBA) and the Davis-Bacon Related Acts...

 

HTMLFourth Circuit Holds Insurance Fraud Investigators are Not Exempt from Overtime Pay, Creating Circuit Split
William Robert Gignilliat, Chris Lauderdale; Jackson Lewis P.C.;
Legal Alert/Article
April 15, 2016, previously published on April 5, 2016
Disagreeing with a sister circuit, the U.S. Court of Appeals for the Fourth Circuit has held that insurance fraud investigators were misclassified as exempt from overtime pay under the administrative exemption of the Fair Labor Standards Act, signaling that it will construe the exemption narrowly....

 

HTMLUtah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use
Clifford R. Atlas, Conrad S. Kee; Jackson Lewis P.C.;
Legal Alert/Article
April 15, 2016, previously published on April 7, 2016
Utah has enacted two new laws of importance to employers concerned about trade secrets, customer relationships, and other protectable interests in its 2016 legislative session. The first statute, the Post-Employment Restrictions Act (Utah Code § 34-51-101, et seq.), sets a one-year time limit...

 

HTMLDefend Trade Secrets Act Advances: Getting Closer to Law?
Peter R. Bulmer; Jackson Lewis P.C.;
Legal Alert/Article
April 15, 2016, previously published on April 7, 2016
Defying claims that bi-partisanship in Congress is dead, the United States Senate has passed the Defend Trade Secrets Act by a vote of 87-0. The measure, approved by the upper chamber on April 4, goes to the House of Representatives, which is considering a very similar bill with sponsorship from...

 

HTMLOSHA Releases Final Rule on Respirable Crystalline Silica
Henry Chajet; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 24, 2016
The Occupational Safety and Health Administration (OSHA) has released a pre-publication copy of its final rule, Occupational Exposure to Respirable Crystalline Silica. The rule will be published in the March 25, 2016, Federal Register and will be effective in 90 days.

 

HTMLNew York City Update: New Developments in Paid Sick Leave, Consideration of Criminal Background Information
Ellen M. Bandel, Susan M. Corcoran, Richard I. Greenberg, Daniel J. Jacobs, Joseph J. Lynett; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 23, 2016
New York City continues to refine existing obligations imposed on New York City employers and propose new ones.

 

HTMLOSHA Sets 400% Fine Increase for Reporting Rule Violations
Carla J. Gunnin; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 28, 2016
Raising the maximum fine 400 percent for failing to timely report a work-related severe injury and increasing the likelihood for on-site inspections of employers who report a serious injury are among changes reflected in new guidance released by the Occupational Safety and Health Administration.

 

HTMLU.S. Supreme Court Finds Representative Statistically Valid Evidence Supports Wage-Hour Class Certification
Eric R. Magnus; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 25, 2016
In a case for overtime compensation for time spent by workers putting on and taking off protective gear, the U.S. Supreme Court in a 6-2 ruling has upheld the use of representative sampling as evidence for common claims among the class action plaintiffs, workers killing hogs and trimming pork...

 

HTMLDOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive, Reportable is Finalized - Effective Late April 2016
James A. Prozzi, Philip B. Rosen, Daniel D. Schudroff; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 23, 2016
The United States Department of Labor has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March 24, 2016, almost five years after first proposing it. The rule (which was opposed by the...

 


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