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HTMLNJ Amends Do Not Call Law
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request.

 

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.

 

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...

 

HTMLIndiana Measure to Amend Breach Notification Law Passes Senate
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 26, 2015
Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015. Indiana’s bill...

 

HTMLUtah Federal Court Reiterates That Employees Are Only Entitled to Tips Under FLSA If A Tip Credit Is Applied
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
While many state laws regulate the distribution of gratuities (as well as service charges and other fees), the overwhelming judicial view, as originally set forth by the Ninth Circuit in Cumbie v. Woody Woo and joined by district courts in other jurisdictions, holds that an employee’s right...

 

HTMLNike Lawsuit Against Former Designers Will Test Company Security Initiative
Shawn N. Butte; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 29, 2014
Athletic shoe manufacturer Nike filed suit on December 8, 2014 in Multnomah County Circuit Court in Oregon against three of its former designers alleging that the designers misappropriated Nike’s trade secrets and conspired with Adidas to start a new, competing business venture.

 

HTMLCongress Reviews NLRB 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
“The Board remains committed to the critical work of this agency and fully carrying out the law . . . As Congress considers this resolution, this Agency will continue productive conversations about the rule ensuring that our processes help fulfill the promise of the National Labor Relations...

 

HTMLPennsylvania Judge Rejects Contract Claim for Meal Period Pay
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 12, 2015
Hospitals and other medical service providers continue to face waves of wage-and-hour claims concerning meal break practices, with non-exempt care providers alleging that they were unable to take unpaid meal periods, or that those meal periods were otherwise compensable. A new decision from Judge...

 

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...

 

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...

 


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