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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.

 

HTMLControversial Dynamex Case Regarding Misclassification of Independent Contractors to be Reviewed by California Supreme Court
Jonathan A. Siegel; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
Employers received a welcome development late last week when the California Supreme Court decided to review the controversial Dynamex Operations West, Inc. v. Superior Court (SC S222732/B249546 rev. granted 1/28/15) regarding misclassification of independent contractors. This case is important...

 

HTMLUtah’s Highest Court Finds LLC Managers Were Not Employers Under State Wage Law
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 20, 2015
When small entrepreneurial ventures collapse, disputes sometimes arise regarding who constituted an “employee” of the business and whether they were paid proper wages. As the venture has failed, the issue of individual liability often is raised. In a new decision, Utah’s highest...

 

HTMLChapter Two: Lawsuits Filed Challenging NLRB’s New Election Rules
Howard M. Bloom, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 21, 2015
Seeking a declaratory judgment and injunction against enforcement of the National Labor Relations Board’s new “quickie” election rule, on January 13, 2015, the Associated Builders and Contractors of Texas, Inc., Associated Builders and Contractors, Inc., Central Texas Chapter, and...

 

HTMLFTC Announces “Concrete Steps” for IoT Privacy and Security
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 28, 2015
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy and security can be heard. On the heels of a recent victory in the ongoing LabMD case, the Federal Trade Commission (FTC) announced yesterday...

 

HTMLOSHA Calls Special ACCSH Meeting on Crane Operator Qualification Proposed Rule
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 26, 2015
The Advisory Committee on Construction Safety and Health (“ACCSH”) is an advisory body that provides advice and assistance to OSHA regarding construction standards. There are 15 members of this advisory committee comprising representatives for employers, employees, federal, state and...

 

HTMLNLRB General Counsel Issues Guidance to Employers on ‘Chilling Effects’ of Personnel Policies under National Labor Relations Act
Howard M. Bloom, Matthew D. Freeman, Richard I. Greenberg, Philip B. Rosen, Daniel D. Schudroff; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
In its bid to make the National Labor Relations Act more relevant, especially to unrepresented employees who comprise a large majority of the nation’s workforce, the National Labor Relations Board is policing aggressively employee handbooks and other employer policies that it believes...

 

HTMLNLRB General Counsel Fails to Extend Weingarten Rights to Search of Company Vehicles
Howard M. Bloom, Ian B. Bogaty, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
A unionized employer may search a company vehicle without affording the employee who uses the vehicle an opportunity to exercise his “Weingarten rights” to have a union representative present during the search, according to an Advice Memorandum from the Office of the General Counsel of...

 

HTMLEleventh Circuit Explains That Employer Knowledge of Work Renders It Compensable
Noel P. Tripp; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 21, 2015
The Fair Labor Standards Act requires payment for all hours an employer suffers or permits an employee to work. This standard is broad, and an employee’s timesheet is not a panacea against claims that he or she worked additional time where managerial employees may have corrupted that...

 

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...

 


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