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HTMLFCC Seeks Comments On Fax Ad Opt-Out Notice
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
The Federal Communications Commission (FCC) is continuing its efforts to clarify the Telephone Consumer Protection Act (TCPA) and its requirements.

 

HTMLNLRB Expands Scope of Union Representatives’ Permissible Conduct during Investigatory Interviews under Weingarten
Howard M. Bloom, Matthew D. Freeman, Roger S. Kaplan, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 26, 2015
In a 2-to-1 decision, a three-member panel of the National Labor Relations Board has held it was unlawful for an employer to threaten a union steward with suspension for showing an employee, during the employer’s investigative interview about a violation of company procedure, the...

 

HTMLResearch Manager Properly Classified As Exempt Administrative Employee
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 6, 2015
To be “administratively” exempt from overtime, in addition to being paid appropriately on a salary or fee basis, an employee must perform office or non-manual work directly related to the management or general business operations of his or her employer, with a primary duty which...

 

HTMLPennsylvania Judge Rejects Contract Claim for Meal Period Pay
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 12, 2015
Hospitals and other medical service providers continue to face waves of wage-and-hour claims concerning meal break practices, with non-exempt care providers alleging that they were unable to take unpaid meal periods, or that those meal periods were otherwise compensable. A new decision from Judge...

 

HTMLSupreme Court Upholds DOL Flip-Flop, While Concurrences Signal Doubt about Judicial Deference to Agencies
Jeffrey W. Brecher, Paul DeCamp, Richard I. Greenberg, Stephanie L. Perkins; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
The United States Department of Labor (“DOL”) did not violate the Administrative Procedure Act (“APA”) when it failed to provide the public with notice and an opportunity to comment before it flip-flopped on the application of the Fair Labor Standards Act’s...

 

HTMLCal-OSHA Amendments to Abatement Requirements Effective as of January 1, 2015
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
Starting January 1, 2015, the process for abatement of California OSHA (“Cal-OSHA”) citations changed. In short, the new law, A.B. 1634, signed by California Governor Jerry Brown in September 2014, prohibits Cal-OSHA (“the Division”) from making penalty modifications to...

 

HTMLOSHA Issues First Interpretation Letter Regarding New Reporting Requirements
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 22, 2015
On January 1, 2015, OSHA’s new reporting requirements became effective. Under the new reporting requirements contained in Section 1904.39 employers are now required to report to OSHA any work-related hospitalization of one or more employee, an amputation, an eye loss or fatality.

 

HTMLEthics Case Alleging Improper Social Media Access May Proceed
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications. Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo...

 

HTMLMissouri Federal Court Reminds Employers that Non-Compete Agreements are not Automatically Assignable
Brian J. Christensen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
The United States District Court for the Western District of Missouri has declined to enforce two employment agreements containing non-competition covenants because the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another...

 

HTMLJordan Barab Gives Regulatory Update at SBA Roundtable Meeting
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 18, 2015
Recently, Jordan Barab, Deputy Assistant Secretary of Labor for the U.S. Occupational Safety and Health Administration spoke at the U.S. Small Business Labor Safety (OSHA/MSHA) Roundtable meeting held in Washington, DC. Mr. Barab provided an update on OSHA’s regulatory agenda and rulemaking...

 


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