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HTMLEmployer’s Careful Drafting of Warning Document Causes Court of Appeals to Overturn NLRB Violation Finding
Howard M. Bloom, Matthew D. Freeman, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 25, 2016
The United States Court of Appeals for the District of Columbia Circuit has refused to enforce a National Labor Relations Board order that a company violated the National Labor Relations Act by warning a union steward not to make “frivolous” information requests in the future. Dover...

 

HTMLCiting Abuse of Discretion, Mining Commission Vacates Inspector’s Orders
Avidan Meyerstein; Jackson Lewis P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 28, 2016
The Federal Mine Safety and Health Review Commission has vacated orders alleging a Minnesota mine operator failed to abate citations within the time set by an inspector, holding that the inspector abused his discretion by setting arbitrary abatement times. Sec’y of Labor v. Hibbing Taconite...

 

HTMLDefective Loader Moves Too Slowly to Cause Injury, Judge Says, Finding Mine Violation Not Serious
R. Brian Hendrix; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
Although a defective piece of mobile equipment, which was restored to service, improperly moved despite the inactivation of the equipment, it did so too slowly to make an injury reasonably likely, an administrative law judge (ALJ) has ruled.

 

HTMLTennessee in Last Stages of Approving Guns on Campus
Colby S. Morgan, James R. Mulroy; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 22, 2016
The Tennessee Senate has approved passage of a bill that will permit public college and university employees and students holding handgun carry permits to transport or store a firearm or ammunition in their own vehicles on campus without facing any adverse or disciplinary action. The House has...

 

HTMLMining Safety Agency Issues Hazard Alert on Pipe Safety
Donna Vetrano Pryor; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 21, 2016
In a March 3 letter M/NM operators that accompanied the alert, the agency briefly described how six individuals, including two delivery truck drivers and two contract workers, have died in fall-of-material pipe incidents since 2008. The latest fatality occurred in February 2016, when a 61-year-old...

 

HTMLU.S. Supreme Court: For Federal Diversity Jurisdiction Purposes, Trust Takes Citizenship of Members When Sued in Trust’s Name
Allison P. Dearington, Collin O'Connor Udell; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 16, 2016
“While humans and corporations can assert their own citizenship, other entities take the citizenship of their members,” the U.S. Supreme Court said in a short, unanimous decision penned by Justice Sonia Sotomayor. Americold Logistics, LLC v. ConAgra Foods, Inc., No. 14-1382, 2016 U.S....

 

HTMLHow Wisconsin’s Reversal of Decades-Old Ban on Switchblades and Knives Applies to Employers
Mark P. Tilkens; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 22, 2016
A new Wisconsin law has repealed the state’s prohibition (which has existed for more than 50 years) on manufacturing, selling, transporting, purchasing, or possessing a switchblade and which subjected violators to $10,000 in fines and nine months in jail.

 

HTMLFourth Circuit Adopts ‘But For’ Standard for Proof of Discrimination under Americans with Disabilities Act
Paul Holscher; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 21, 2016
A plaintiff’s discrimination claims under the Americans with Disabilities Act must be proven using the “but-for” standard, instead of the less demanding “motivating factor” test, the federal appeals court for the Fourth Circuit, in Richmond, has held, joining the Sixth...

 

HTMLOregon Minimum Wage Hikes Begin July 2016
April Upchurch Olsen, Sarah J. Ryan; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 14, 2016
While the federal minimum wage remains stagnant ($7.25 per hour since July 24, 2009), different states have sought to lead with their own minimum wage rulemaking.

 

HTMLSenate Bill Takes Aim at 1,933% Increase in Data Collection Proposed in EEO-1 Pay Data Revisions
F. Christopher Chrisbens, Garen E. Dodge, Stephanie E. Lewis, Laura A. Mitchell, Jennifer L. Seda; Jackson Lewis P.C.;
Legal Alert/Article
March 30, 2016, previously published on March 22, 2016
Senate Bill 2693, the “EEOC Reform Act,” would put a halt to implementation of the proposed pay data revisions to the EEO-1 report so the Equal Employment Opportunity Commission instead can focus on the tremendous backlog of “76,408” discrimination charges pending at the...

 


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