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HTMLIllinois Attorney General Seeks Stronger Data Breach Notification Law, Requirement to Safeguard Personal Information
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 3, 2015
Reacting to a report that identity theft was a top concern for Illinois residents (second in a list of ten), Attorney General Lisa Madigan announced a legislative proposal to strengthen the state’s existing data breach notification law. The call for stronger breach notification laws is a...

 

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...

 

HTMLSupreme Court Upholds DOL Flip-Flop, While Concurrences Signal Doubt about Judicial Deference to Agencies
Jeffrey W. Brecher, Paul DeCamp, Richard I. Greenberg, Stephanie L. Perkins; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
The United States Department of Labor (“DOL”) did not violate the Administrative Procedure Act (“APA”) when it failed to provide the public with notice and an opportunity to comment before it flip-flopped on the application of the Fair Labor Standards Act’s...

 

HTMLEmployers Beware: Medical Identity Theft on the Rise and is the Golden Target for Hackers
Lillian Chaves Moon; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 5, 2014
As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by...

 

HTMLOSHA Issues First Interpretation Letter Regarding New Reporting Requirements
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 22, 2015
On January 1, 2015, OSHA’s new reporting requirements became effective. Under the new reporting requirements contained in Section 1904.39 employers are now required to report to OSHA any work-related hospitalization of one or more employee, an amputation, an eye loss or fatality.

 

HTMLMissouri Federal Court Reminds Employers that Non-Compete Agreements are not Automatically Assignable
Brian J. Christensen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
The United States District Court for the Western District of Missouri has declined to enforce two employment agreements containing non-competition covenants because the employees who signed them had not contemporaneously assented to their assignment when their employer sold its assets to another...

 

HTMLWorkplace Considerations for the Coming (March) Madness
Richard I. Greenberg, John A. Snyder; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 16, 2015
The focus of nearly every sports fan — whether devoted or casual — and even many people who rarely pay attention to sports will be drawn to the coming men’s and women’s college basketball tournaments. Held over three weeks, more than 130 teams will compete for the national...

 

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...

 

HTMLProposed Connecticut Law Would Empower Certain Student-Athletes to Unionize
Gregg E. Clifton; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 11, 2015
A bill has been introduced in the Connecticut General Assembly that would define certain collegiate athletes at public colleges and universities within the state as employees. The proposed law would permit eligible student-athlete employees to join unions and bargain collectively. If the bill is...

 

HTMLResearch Manager Properly Classified As Exempt Administrative Employee
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 6, 2015
To be “administratively” exempt from overtime, in addition to being paid appropriately on a salary or fee basis, an employee must perform office or non-manual work directly related to the management or general business operations of his or her employer, with a primary duty which...

 


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