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Jackson Lewis P.C. Document Search Results (245)

 

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HTMLSupreme Court Returns to ERISA Statutory Basics, Rejects Moench Presumption: Implications for ESOP Trusts Holding Non-Publicly Traded Securities
Jackson Lewis P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 14, 2014
The U.S. Supreme Court has unanimously decided that the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), does not contain a presumption of prudence for employee stock ownership plan (“ESOP”) fiduciary actions, rejecting the presumption adopted by many...

 

HTMLEmployee Termination Pursuant to an Unlawful Confidentiality Rule is Lawful, NLRB Holds
Jackson Lewis P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
In Flex Frac Logistics, LLC, 358 NLRB No. 127 (2012), the National Labor Relations Board (in a decision later upheld by a federal appeals court in New Orleans) held the employer’s confidentiality policy was unlawfully overbroad, and, as a result, could inhibit employees from discussing terms...

 

HTMLMassachusetts Enacts Minimum Wage Increases
Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2014, previously published on July 3, 2014
Massachusetts Governor Deval Patrick has signed new law mandating increases in the state’s minimum wage to $11.00 an hour by January 1, 2017.

 

HTMLEmployee May Contract to Shorter Limitations Period for Discrimination Suits, New Jersey Court Holds
Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2014, previously published on July 10, 2014
An employee may contract with his employer for a limitations period for filing discrimination lawsuits shorter than that which is prescribed by the New Jersey Law Against Discrimination (“LAD”) (i.e., less than the statutory two years), the New Jersey Appellate Division has held....

 

HTMLCalifornia High Court Rules Undocumented Worker Not Barred from Asserting Disability Discrimination against Employer
Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
An employee who repeatedly falsified his employment status to obtain employment, as his employer learned only after he was laid off a second time and filed suit, was not barred by the doctrines of “after-acquired evidence” or “unclean hands” from asserting claims for alleged...

 

HTMLNew Massachusetts Law Limits Intensive Care Unit Nurses to Two Patients, Regulations Expected
Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2014, previously published on July 3, 2014
Under new law, Massachusetts hospitals must limit the number of patients assigned to a nurse working in an intensive care unit (“ICU”) to no more than two. “An Act relative to patient limits in all hospital intensive care units,” signed by Governor Deval Patrick on June 30,...

 

HTMLNew York Legislative Developments: Wage Theft Law Amended, Medical Marijuana Law Enacted
Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
Concluding its 2014 legislative session, the New York legislature has passed amendments to the Wage Theft Protection Act and new medical marijuana legislation. Each of these enactments is potentially relevant to all New York employers.

 

HTMLNevada Constitution Provides Exclusive Exemptions from Minimum Wage, Nevada High Court Rules
Jackson Lewis P.C.;
Legal Alert/Article
July 8, 2014, previously published on July 2, 2014
The Nevada Constitution’s categories of individuals who are exempted from the payment of minimum wage supersede the exemptions previously provided by statute, the Nevada Supreme Court has ruled, clarifying a question that has troubled employers in Nevada. Thomas v. Nevada Yellow Cab, 130 Nev....

 

HTMLSupreme Court Rules Closely Held Companies Not Subject to Contraceptive Coverage Mandate of Health Care Reform Law
Jackson Lewis P.C.;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
In a highly publicized decision, the Supreme Court, 5-4, has ruled that closely held corporations cannot be required to provide contraceptive coverage as mandated by the Affordable Care Act (ACA). Burwell v. Hobby Lobby Stores, Inc., et al., No. 13-354 (June 30, 2014) (together with Conestoga Wood...

 

HTMLArbitrator, Not Court, Decides Arbitration Agreement’s Enforceability, California Court Holds
Jackson Lewis P.C.;
Legal Alert/Article
July 8, 2014, previously published on June 30, 2014
A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal has ruled. Malone v. Superior Court, No. B253891 (Cal. Ct. App. June 17, 2014).

 


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