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HTMLUnder What Circumstances Can An Employer Restrict Employees from Using Its Email System? The Answer Will Have to Wait
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
In Purple Communications, the National Labor Relations Board held that, absent “special circumstances” justifying specific restrictions, federal labor law requires employers to permit employees who have been provided access to their employer’s email system to use that system for...

 

HTMLEighth Circuit Affirms Judgment on the Pleadings in Arkansas Non-Compete Case
V. John Ella, James L. Mulroy; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 16, 2015
The Eighth Circuit Court of Appeals has affirmed a lower court decision granting judgment on the pleadings to defendant in non-compete dispute based on Arkansas law. The decision in NanoMech, Inc. v. Suresh rested in part on the fact that the non-compete did not include a geographic limitation and...

 

HTMLNLRB Begins New “Educational” Campaign in Run-Up to Quickie Election Rule
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 11, 2015
In a series of tweets, the National Labor Relations Board is using social media in an attempt to increase concerted and union activity under the NLRA.

 

HTMLNLRB Expands Scope of Union Representatives’ Permissible Conduct during Investigatory Interviews under Weingarten
Howard M. Bloom, Matthew D. Freeman, Roger S. Kaplan, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 26, 2015
In a 2-to-1 decision, a three-member panel of the National Labor Relations Board has held it was unlawful for an employer to threaten a union steward with suspension for showing an employee, during the employer’s investigative interview about a violation of company procedure, the...

 

HTMLDistrict of Columbia Passes Legislation Allowing Employees to Discuss Wages
Kesia M. Brown, Daniel D. Schudroff, Teresa Burke Wright; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 16, 2015
The District of Columbia has passed the Wage Transparency Act of 2014. The Act prohibits all private employers within the District from implementing workplace policies that forbid employees from discussing their wages with coworkers. The Act echoes President Barack Obama’s Executive Order...

 

HTMLOrigins of Wage-and-Hour Jurisprudence: Portland Terminal
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 27, 2015
Many current FLSA compensation issues which are the subject of widespread litigation ¿ such as the current wave of intern cases ¿ have their legal underpinnings in Supreme Court authority decided during the 1940s in the years following the enactment of the FLSA (1938) and the...

 

HTMLOSHA Extends 1910.269 & Subpart V Compliance Dates
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 26, 2015
Pursuant to a settlement agreement reached with the Edison Electric Institute (“EEI”), the Utility Line-Clearance Coalition (“ULCC”) and the Tree Care Industry Association (“TCIA”), OSHA has agreed to extend several compliance dates for the new standards on...

 

HTMLFCC Promises Action Against Those Who Fail to Safeguard
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 24, 2014
On December 19, 2014, the FCC published Chairman Thomas Wheeler‘s response to Senator Bill Nelson’s (D-FL) letter regarding the FCC’s recent proposed $10 million fine against two telecom companies.

 

HTMLCal-OSHA Amendments to Abatement Requirements Effective as of January 1, 2015
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
Starting January 1, 2015, the process for abatement of California OSHA (“Cal-OSHA”) citations changed. In short, the new law, A.B. 1634, signed by California Governor Jerry Brown in September 2014, prohibits Cal-OSHA (“the Division”) from making penalty modifications to...

 

HTMLOSHA Internal Memo Outlines Triage Process for Reported Fatalities & Injuries
Tressi L. Cordaro, Bradford T. Hammock; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 6, 2015
Effective January 1, 2015 employers in states with Federal OSHA jurisdiction must report to OSHA all work-related fatalities (that occurs within 30 days of the work-related incident) within 8 hours of learning of the fatality, all work-related in-patient hospitalizations, all amputations and all...

 


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