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HTML6th Circuit Holds Applicant Is Not An “Employee” And Has No False Claims Act Cause Of Action Against Prospective Employer
Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 9, 2014
On November 18, 2014, the U.S. Court of Appeals for the Sixth Circuit issued a decision dismissing an employment applicant's claims that he had been retaliated against under the False Claims Act (FCA), Environmental Reorganization Act (ERA) and four other environmental statutes. In Vander Boegh v....

 

HTMLFederal Spending Bill Creates Controversy Over Federal Government’s Position on Medical Marijuana
Kathryn J. Russo; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 18, 2014
Buried in the $1.1 trillion federal spending bill for 2015 - which Congress approved last weekend and which President Obama signed into law on December 16, 2014 - is a measure stating that federal funds may not be used by the U.S. Department of Justice (DOJ) to prevent certain states from...

 

HTMLCourt Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear
Michael R. Bertoncini; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 1, 2014
An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer's asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New...

 

HTMLOSHA Considers Use of Kinesiology Tape as Medical Treatment
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 23, 2014
In a letter of interpretation to Ms. Linda Ballas dated December 12, 2014, OSHA clarified that the use of kinesiology tape is considered medical treatment for OSHA recordkeeping purposes and is, therefore, recordable when used to treat a work-related injury.

 

HTMLEmployer Restitution under Victim Restitution Law (MVRA) Not Offset by Employee’s Canceled Stock Options, Court Rules
Ramsay C. McCullough; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 10, 2014
The Mandatory Victim Restitution Act of 1996 (“MVRA”) provides that defendants convicted of crimes committed by "fraud or deceit" compensate victims for the full amount of their losses. Whether the amount of restitution may be offset if an employer-victim actually profited...

 

HTMLPresident Obama to Announce Administrative Immigration Reform
Robert Neale; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on November 19, 2014
President Obama announced today that he will address the nation on Thursday evening, November 20, 2014, to announce the executive actions he will be taking on immigration reform. A follow up speech is scheduled for Friday in Las Vegas, Nevada, to provide additional details regarding his plan.

 

HTMLPresident Obama’s Executive Action on Immigration under Attack in Federal Court
Anya Susarina; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 4, 2014
Not two weeks after the President announced his executive action on immigration, 17 states, including Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin, led by Texas...

 

HTMLStart Planning for New H-1B Applications As April Deadline Nears
Davis Bae; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on January 12, 2015
The demand for H-1B visas continues to rise. Last year, demand for H-1B exceeded the available number of visas, and a lottery was held to determine which applications would be accepted. Employers should file H-1B applications by April 1, 2015, to ensure consideration for this year's lottery and an...

 

HTMLWhat to Watch for at National Labor Relations Board in 2015
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on December 10, 2014
The National Labor Relations Board has not been shy about making news with controversial decisions during 2014. Holding franchisors liable for unfair labor practices allegedly committed by franchisees and finding violations of the National Labor Relations Act in routine contract and policy language...

 

HTMLHouse Republicans Vow to Introduce Bill in Early 2015 to Block President’s Executive Action on Immigration
Forrest G. Read IV; Jackson Lewis P.C.;
Legal Alert/Article
January 30, 2015, previously published on January 21, 2015
The Republican-controlled House of Representatives passed and President Barack Obama signed the "Cromnibus" bill, approving a legislative budget to fund most government activities through September 2015 over criticism from some House Republicans that the bill did not block President...

 


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