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HTMLCompany Pays For Taking Short Cuts to Start New Business
Martin W. Aron, Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 6, 2015
A New Jersey state court judge has allowed a $10 million jury verdict to stand in favor of biotech firm GenScript USA in its trade secret and employee piracy claims against competitor, Genewiz, Inc. In October 2014, the jury had entered a multi-million dollar verdict in GenScript’s favor...

 

HTMLNew York AG Schneiderman Introduces Pay Card Legislation
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 18, 2015
Following his investigation of the issue, New York Attorney General Eric Schneiderman last week proposed the Payroll Card Act, which would require employers:

 

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...

 

HTMLFormer Employee in Louisiana Bites Back, Files Suit Against Employer for Threatening to Enforce Non-Compete
Susan F. Desmond; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 5, 2015
Louisiana has strict requirements for enforcement of non-compete agreements which are not “favored” in the Pelican state. In a recent case, Boudreaux v. OS Restaurant Services, LLC, a former employee in Louisiana preemptively filed a lawsuit claiming a violation of Louisiana’s...

 

HTMLACA Cadillac Tax Proposed Regs: What Treasury and IRS Are Considering
Stephanie O. Zorn; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 10, 2015
The Affordable Care Act (“ACA”) added section 4980I to the Internal Revenue Code (“Code”). Code section 4980I applies to tax years after December 31, 2017, and provides a tax on high cost employer-sponsored health coverage - if the aggregate cost of employer-sponsored...

 

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...

 

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...

 

HTMLOSHA Issues Enforcement Guidance for Hazard Communication Standard
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
OSHA recently issued an internal memorandum outlining enforcement guidance for some of the 2012 Hazard Communication Standard’s (HCS) requirements effective on June 1, 2015—namely, the requirement that chemical manufacturers, importers and distributors must develop and use safety data...

 

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...

 

HTMLOSHA and NIOSH Issue Hazard Alert on Worker Exposure to Crystalline Silica
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 23, 2015
OSHA first announced its proposed rule on Occupational Exposure to Crystalline Silica in August 2013 and concluded public hearings on the proposed rule in April 2014. In spite of this ongoing intense rulemaking on occupational exposure to crystalline silica, OSHA and NIOSH published a Hazard Alert...

 


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