Jackson Lewis P.C. Document Search Results (293)
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|‘Attended’ Does Not Require Being Inside Drill Cab, Mining Commission Affirms|
Avidan Meyerstein; Jackson Lewis P.C.;
April 19, 2016, previously published on April 5, 2016A drill operator need not to be inside the cab of his drill at all times to comply with a mine safety standard stating that drills in operation “shall be attended at all times,” the Federal Mine Safety and Health Review Commission has ruled, upholding a judge’s ruling vacating...
|The Inexplicit Requirement and Definitive Necessity for Employers to Implement Privacy Policies|
Lillian Chaves Moon; Jackson Lewis P.C.;
April 19, 2016, previously published on March 17, 2016In the face of seemingly daily news reports of company data breaches and the mounting legislative concern and efforts on both the state and federal level to enact laws safeguarding personal information maintained by companies, employers should be questioning whether they should implement privacy...
|DOL Issues Guidance on Intersection of Affordable Care Act and Federal Prevailing Wage Laws|
Jewell Lim Esposito, Leslie A. Stout-Tabackman; Jackson Lewis P.C.;
April 18, 2016, previously published on April 5, 2016Long-awaited guidance to governmental agencies on how the Affordable Care Act’s provisions regarding employer shared responsibility interact with the fringe benefit requirements of the McNamara-O’Hara Service Contract Act (SCA), Davis-Bacon Act (DBA) and the Davis-Bacon Related Acts...
|Utah Enacts New Laws Addressing Post-Employment Restrictions and Unauthorized Computer Use|
Clifford R. Atlas, Conrad S. Kee; Jackson Lewis P.C.;
April 15, 2016, previously published on April 7, 2016Utah has enacted two new laws of importance to employers concerned about trade secrets, customer relationships, and other protectable interests in its 2016 legislative session. The first statute, the Post-Employment Restrictions Act (Utah Code § 34-51-101, et seq.), sets a one-year time limit...
|Defend Trade Secrets Act Advances: Getting Closer to Law?|
Peter R. Bulmer; Jackson Lewis P.C.;
April 15, 2016, previously published on April 7, 2016Defying claims that bi-partisanship in Congress is dead, the United States Senate has passed the Defend Trade Secrets Act by a vote of 87-0. The measure, approved by the upper chamber on April 4, goes to the House of Representatives, which is considering a very similar bill with sponsorship from...
|Fourth Circuit Holds Insurance Fraud Investigators are Not Exempt from Overtime Pay, Creating Circuit Split|
William Robert Gignilliat, Chris Lauderdale; Jackson Lewis P.C.;
April 15, 2016, previously published on April 5, 2016Disagreeing with a sister circuit, the U.S. Court of Appeals for the Fourth Circuit has held that insurance fraud investigators were misclassified as exempt from overtime pay under the administrative exemption of the Fair Labor Standards Act, signaling that it will construe the exemption narrowly....
|Citing Abuse of Discretion, Mining Commission Vacates Inspector’s Orders|
Avidan Meyerstein; Jackson Lewis P.C.;
April 13, 2016, previously published on March 28, 2016The Federal Mine Safety and Health Review Commission has vacated orders alleging a Minnesota mine operator failed to abate citations within the time set by an inspector, holding that the inspector abused his discretion by setting arbitrary abatement times. Sec’y of Labor v. Hibbing Taconite...
|Employer’s Careful Drafting of Warning Document Causes Court of Appeals to Overturn NLRB Violation Finding|
Howard M. Bloom, Matthew D. Freeman, Philip B. Rosen; Jackson Lewis P.C.;
April 13, 2016, previously published on March 25, 2016The United States Court of Appeals for the District of Columbia Circuit has refused to enforce a National Labor Relations Board order that a company violated the National Labor Relations Act by warning a union steward not to make “frivolous” information requests in the future. Dover...
|OSHA Sets 400% Fine Increase for Reporting Rule Violations|
Carla J. Gunnin; Jackson Lewis P.C.;
April 13, 2016, previously published on March 28, 2016Raising the maximum fine 400 percent for failing to timely report a work-related severe injury and increasing the likelihood for on-site inspections of employers who report a serious injury are among changes reflected in new guidance released by the Occupational Safety and Health Administration.
|DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive, Reportable is Finalized - Effective Late April 2016|
James A. Prozzi, Philip B. Rosen, Daniel D. Schudroff; Jackson Lewis P.C.;
April 13, 2016, previously published on March 23, 2016The United States Department of Labor has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March 24, 2016, almost five years after first proposing it. The rule (which was opposed by the...