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HTMLSupreme Court Review Likely After Seventh Circuit Creates Split on Class and Collective Action Waivers under NLRA
Stephanie L. Adler-Paindiris, Howard M. Bloom, Samia M. Kirmani, David E. Nagle, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
June 14, 2016, previously published on June 2, 2016
Setting the stage for U.S. Supreme Court review, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held that arbitration agreements that prohibit employees from bringing or participating in class or collective actions violate the National Labor Relations Act. Lewis v. Epic Systems...

 

HTMLLabor Board Will Decide Organizing Rights of Non-Teaching Employees at Religious Colleges, Universities
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 24, 2016
The National Labor Relations Board is set to decide if the same test used to determine whether teaching employees of a religious school are subject to the Board’s jurisdiction should be extended to non-teaching employees. Islamic Saudi Academy, Case 05-RC-080474 (May 12, 2016).

 

HTMLMaryland Expands Equal Pay Law to Prohibit Gender Identity Discrimination, Require Pay Transparency
Andrew Baskin, Emmett F. McGee; Jackson Lewis P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 24, 2016
Maryland Governor Larry Hogan has signed into law a significant expansion of the Maryland Equal Pay Law, including new provisions to prohibit pay discrimination on the basis of gender identity and to make it easier for employees to discover and discuss disparities in pay.

 

HTML2016 Tennessee Legislative Update
James R. Mulroy; Jackson Lewis P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 26, 2016
In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures.

 

HTMLMine Accident Investigation Facts Not Subject to Attorney Privileges, ALJ Rules
Avidan Meyerstein; Jackson Lewis P.C.;
Legal Alert/Article
June 7, 2016, previously published on May 18, 2016
According to at least one administrative law judge, neither the work product privilege nor the attorney-client privilege allows an Arizona metal producer and its contractor to withhold factual information gathered during the companies’ investigation of a fatal mine accident from their...

 

HTMLLabor Department Announces Final Rule Amending Overtime Regulations for ‘White Collar’ Workers
Jeffrey W. Brecher, Paul DeCamp, Richard I. Greenberg, Douglas J. Hoffman; Jackson Lewis P.C.;
Legal Alert/Article
June 7, 2016, previously published on May 18, 2016
The U.S. Department of Labor has released its long-awaited Final Rule updating regulations under the Fair Labor Standards Act governing overtime exemptions for executive, administrative, and professional employees, commonly known as the “white collar exemptions” or “EAP...

 

HTMLSenator Lamar Alexander to Introduce Resolution to Block Labor Department’s Overtime Rule
Jeffrey W. Brecher, Garen E. Dodge; Jackson Lewis P.C.;
Legal Alert/Article
June 7, 2016, previously published on May 18, 2016
Senate Health, Education, Labor, and Pensions Committee Chairman Lamar Alexander (R-Tenn.) has announced that he will soon introduce a Congressional Review Act resolution to block implementation of the Department of Labor’s final overtime rule. (For details of the Final Rule, see our article,...

 

HTMLSupreme Court: ‘Actual Injury’ Needed to Establish Standing to Sue for Violations of Fair Credit Reporting Act
James A. McKenna; Jackson Lewis P.C.;
Legal Alert/Article
June 7, 2016, previously published on May 20, 2016
Plaintiffs must show they suffered from an actual injury, not just a “bare procedural violation,” in order to sue in federal court, the U.S. Supreme Court has ruled in its long-awaited decision in Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016).

 

HTMLEmployers May See Higher OSHA Fines Sooner than Expected
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
June 7, 2016, previously published on May 18, 2016
August 1, 2016, is the effective date for imposition of higher fines by the Occupational Safety and Health Administration, but violations alleged in inspections occurring as recently as this February may be subject to the increased fees, according to OSHA. That is because OSHA can take as long as...

 

HTMLWhat Employers Need to Know About the New York City Pregnancy Accommodation Enforcement Guidance
Ellen M. Bandel, Richard I. Greenberg, Daniel J. Jacobs, Joseph J. Lynett; Jackson Lewis P.C.;
Legal Alert/Article
June 6, 2016, previously published on May 17, 2016
The New York City Commission on Human Rights has released enforcement guidance on the New York City Pregnant Workers Fairness Act identifying five categories of potential violations and emphasizing the need to engage in cooperative dialogue to reach accommodation. The Act, passed in 2013 and...

 


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