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HTMLLong-Term Care Facilities: Recent Developments on Use of Arbitration Agreements
Damian J. Privitera, James A. Shannon; Jackson Lewis P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 28, 2016
Three cases making their way through the courts demonstrate that the question of arbitration clauses in long-term care (LTC) facility admission agreements is an active and developing area of the law.

 

HTMLOSHA Wants Public Assistance with Leading Indicators Guidance
Bradford T. Hammock; Jackson Lewis P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 29, 2016
The next version of Occupational Safety and Health Administration’s annual voluntary guidance cataloging measures for improving safety and health in the workplace may include insights from the public. For the first time ever, OSHA wants assistance from the public to identify the...

 

HTMLUSERRA No Bar to Enforcing Employment Arbitration Agreement, Federal Appeals Court Rules
Conrad S. Kee; Jackson Lewis P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 28, 2016
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not prohibit compelling a former employee to arbitrate his USERRA claims under an arbitration agreement, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Ziober v. BLB Resources, Inc.,...

 

HTMLRecord Low Number of Mining Deaths in Fiscal Year 2016, Mine Safety Agency Reports
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
December 12, 2016, previously published on November 29, 2016
Fiscal year 2016 saw a record low number of mining deaths, the Mine Safety and Health Administration has reported. The agency also continues to encourage the mining community “to reach zero mining deaths.”

 

HTMLLabor Department’s ‘Drastic Change’ to ‘White Collar’ Overtime Exemption Rule Troubles Court
Jeffrey W. Brecher, Paul DeCamp, E. Cynthia Uduebor Washington; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 17, 2016
For more than three hours on November 16, 2016, Obama-appointed Judge Amos L. Mazzant, III, of the U.S. District Court for the Eastern District of Texas - Sherman Division, heard oral argument on the preliminary injunction to block enforcement of the Final Rule. The court peppered both sides with...

 

HTMLFight for $15 Plans Protests, ‘Civil Disobedience’ on November 29
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 22, 2016
Fight for $15, the four-year-old movement to secure a minimum wage of $15 an hour, has announced plans for demonstrations, strikes, and protests in 340 cities across the country on November 29. Tens of thousands of employees are expected to participate. The current federal minimum wage is $7.25 an...

 

HTMLFreelancers in New York City Get Wage Protections
Jonathan L. Bing, Richard I. Greenberg, Daniel J. Jacobs; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 21, 2016
A written contract, payment within 30 days, and statutory damages for non-payment of wages are among the provisions of New York City’s new freelancer protection law signed by Mayor Bill de Blasio on November 16, 2016. The law will become effective on May 15, 2017 (180 calendar days after...

 

HTMLTop Eight Guidelines to Litigate Employment Claims under Puerto Rico’s Unique Summary Proceeding
Gabriela Dávila Micheo, Juan Felipe Santos; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 21, 2016
A litigation trap that can ensnare unwary employers who may be sued in the Commonwealth of Puerto Rico is a piece of employment legislation that allows expedited proceedings: Law No. 2 of October 17, 1961 (“Law No. 2”), as amended, known as the “Law for the Summary Proceeding of...

 

HTMLAn Introduction to Employee Ownership and Selling to an ESOP
Brian P. Goldstein; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 21, 2016
Perhaps one of the most powerful tax and business succession planning tools available to shareholders of a closely held company is the ability to sell stock to a trust created pursuant to an employee stock ownership plan (“ESOP”) and defer or permanently avoid taxation on any gain...

 

HTMLEEOC FY 2016 Performance Report Shows Slight Decrease in Recoveries and Agency’s Struggles with Data
Paul A. Patten; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 21, 2016
The Equal Employment Opportunity Commission’s Fiscal Year 2016 Performance and Accountability Report (“PAR”) shows a slight decrease in the amount of monetary recoveries by the EEOC in litigation and other enforcement activities compared to 2015, as well as its struggles with the...

 


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