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HTMLPennsylvania District Judge Upholds Computer Professional Exemption To Technician
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on November 19, 2014
The scope of the computer professional exemption, enacted prior to the widespread use of the Internet and before the existence of some of the most well-known tech companies (e.g., it was enacted prior to the existence of Google), is often a source of litigation, as employers and the courts attempt...

 

HTMLNJ & NY Propose Amendments To Data Breach Laws
Jason Gavejian, Marlo Johnson Roebuck; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on December 19, 2014
The New Jersey Assembly on December 15 unanimously approved, by a vote of 75-0, a bill designed to better protect consumers from identify theft. Bill A3146, if approved by the Senate, would expand the state's law to include disclosure of a breach of security of online accounts.

 

HTMLWorkplace Safety & Health Weekly Update
Bradford T. Hammock; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on November 14, 2014
The latest issue of our weekly Workplace Safety and Health newsletter is available for viewing and contains the following articles:

 

HTMLHealthcare Providers and Business Associates: Don't Ignore the Insider Threats
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on January 13, 2015
News reports of security risks, hackings and breaches caused by individuals, terror groups or even countries around the world certainly are important and can be unsettling. But, for many organizations, including healthcare providers and business associates, a significant and perhaps more immediate...

 

HTMLTeam Leaders at Processing Facility Properly Classified as Exempt
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on January 8, 2015
Division of supervisory duties among different classifications of exempt employees sometimes gives rise to claims that some or all of those managerial employees do not qualify for the executive exemption. Analyzing and rejecting one such challenge, an Arkansas federal court recently concluded that...

 

HTMLDr. Michaels Addresses ACCSH and Talks Temporary Workers, Cell Towers, and Reporting Requirements
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on December 12, 2014
On December 4, 2014, OSHA held an Advisory Committee on Construction Safety and Health (''ACCSH'') meeting. ACCSH is an advisory body that provides advice and assistance to OSHA regarding construction standards. There are 15 members of this advisory committee and the committee is comprised of...

 

HTMLAs Black Friday Looms, OSHA Issues Guidance on Crowd Control
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on November 18, 2014
In anticipation of the holiday season and an increase in holiday shoppers lured by the promise of big sales, OSHA sent a letter to major retailers last week. The letter serves as a reminder to retailers of their responsibility to protect their employees and ensure a safe working environment under...

 

HTMLOCR Issues Ebola Guidance on HIPAA Privacy
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on November 11 2014
According to the New York Times, Bellevue Hospital Center patient Craig Spencer, the first New Yorker to be infected with Ebola, is scheduled to be released today. And while the intense reporting about Ebola has subsided, perhaps indicating a lowering of the perceived threat of Ebola spreading...

 

HTMLFlorida Federal Court Holds Cashiers Are Proper Tip Pool Participants
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2015, previously published on December 22, 2015
The legality of a given employee's participation in a tip pool under the FLSA turns on whether the participants are ''Tipped employees'' under 29 U.S.C. § 203(t). The specific question is whether they ''engaged in an occupation in which [they] customarily and regularly receive[] more than $ 30...

 

HTMLAppeals Court Finds No Breach of Settlement Agreement by Hospital Disclosing Nursing Board Report to Prospective Employer of Former Employee
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
A hospital did not breach its settlement agreement with a former employee when it disclosed to a prospective employer that it reported her to the New Jersey Board of Nursing (the "Nursing Board"), a federal appeals court has ruled. Debra Weisman, et al. v. New Jersey Dept. of Human...

 


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