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HTMLIn Shift, Labor Board Requires Employers to Witness Statements
Howard M. Bloom, Chad P. Richter, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
August 3, 2015, previously published on July 27, 2015
Overturning a 37-year-old precedent, the National Labor Relations Board has decided that witness statements obtained by an employer during an investigation of employee misconduct and requested by a union representative no longer will enjoy special protection from disclosure. American Baptist Homes...

 

HTMLOSHA Enforcement Directive on HazCom Compliance a Mixed Blessing
Avidan Meyerstein; Jackson Lewis P.C.;
Legal Alert/Article
August 3, 2015, previously published on July 28, 2015
A new directive from the Occupational Safety and Health Administration on enforcing the agency’s Hazard Communication (HazCom) standard describes requirements that appear to impose new, unforeseen paperwork and compliance burdens on employers even while providing useful clarifications on some...

 

HTMLCiting ‘Questionable Practices,’ Judge Raises Coal Contractor’s Fine
Donna Vetrano Pryor; Jackson Lewis P.C.;
Legal Alert/Article
August 3, 2015, previously published on July 28, 2015
An administrative law judge for the Federal Mine Safety and Health Commission raised a proposed fine against a West Virginia trucking company by nearly $10,000 after questioning the credibility of a company supervisor and its mechanic and determining the firm had either misplaced or destroyed...

 

HTMLExpansion of Mine Safety Workplace Exam Requirements Likely to be Announced
Avidan Meyerstein, Ross J. Watzman; Jackson Lewis P.C.;
Legal Alert/Article
July 29, 2015, previously published on July 21, 2015
The Mine Safety and Health Administration appears to be readying a new policy that could significantly expand and re-interpret mine operator responsibilities in conducting workplace examinations.

 

HTMLNew Jersey Rejects Heightened Bar for Whistleblower Claims by 'Watchdog' Employees
Richard J. Cino, Michael D. Ridenour; Jackson Lewis P.C.;
Legal Alert/Article
July 29, 2015, previously published on July 21, 2015
In a unanimous decision, the New Jersey Supreme Court has refused to raise the bar for employees whose job entails ensuring legal compliance (“watchdog” employees) to bring whistleblower claims under the New Jersey Conscientious Employee Protection Act (CEPA). Lippman v. Ethicon, Inc.,...

 

HTMLPuerto Rico Supreme Court: Former Exec Cannot Sue Individual Board Members for Breach of Employment Contract
Maralyssa Álvarez-Sánchez; Jackson Lewis P.C.;
Legal Alert/Article
July 28, 2015, previously published on July 17, 2015
A former employee cannot sue individual members of a corporation’s board of directors for breach of an employment contract and negligence in execution of fiduciary duties, where: 1) the individual board members are not parties to the employment contract; and 2) the employee and his relatives...

 

HTMLNorth Carolina Reinforces Property Protection Law, Giving Employers Right to Sue
Ted Nick Kazaglis, Joshua M. Krasner; Jackson Lewis P.C.;
Legal Alert/Article
July 27, 2015, previously published on July 16, 2015
The protection of property, be it patient records, financial information, consumer data, merchandise, or intellectual property, is a serious issue for North Carolina companies of all sizes. Beginning on January 1, 2016, North Carolina employers will be able to recover monetary damages resulting...

 

HTMLAmendments to California Paid Sick Leave Law Effective
Cynthia L. Filla, Susan E. Groff, Jonathan A. Siegel; Jackson Lewis P.C.;
Legal Alert/Article
July 15, 2015, previously published on July 14, 2015
Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015.

 

HTMLNew Texas Law Says Franchisors Generally Not Employers of Franchisees’ Workers
Kristin L. Bauer, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
The Texas Labor Code has been amended to provide that a franchisor is not considered an employer for claims related to employment discrimination, wage payment, the Texas Minimum Wage Act, and the Texas Workers’ Compensation Act, among other laws. According to S.B. 652, this is so unless the...

 

HTMLOregon Legislative Update
April Upchurch Olsen, Sarah J. Ryan; Jackson Lewis P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
Oregon employers must comply with new laws signed by Governor Kate Brown mandating the provision of sick leave benefits, prohibiting inquiring into or considering an applicant’s criminal conviction history on an employment application form or prior to an interview, limiting non-competition...

 


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