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HTMLSEC Fines Company $265,000 for Severance Agreements that Potentially Chilled Whistleblowers
Richard J. Cino, David R. Jimenez, Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 16, 2016
Company agreements with employees continue to be under fire. In the latest example, the Securities and Exchange Commission has issued a cease-and-desist order against BlueLinx Holdings Inc. over the use of severance agreements the agency found improperly interfered with the rights of potential...

 

HTMLControversial Judicial Estoppel Ruling Overturned - But the Risk Remains
David T. Wiley; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 16, 2016
A former employee who the Alabama Department of Labor had ruled in an unemployment hearing was fired lawfully for misconduct was not precluded, or estopped, from later claiming she was fired unlawfully in retaliation for taking Family and Medical Leave Act leave, the U.S. Court of Appeals for the...

 

HTMLWisconsin Court Finds Anti-Poaching Agreements to be Unenforceable
Clifford R. Atlas, Sharon Mollman Elliott; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 19, 2016
Analyzing an anti-poaching agreement as a non-compete agreement, a Wisconsin Court of Appeals has confirmed that a former employee’s agreement not to solicit other employees may be void and unenforceable if it is too broad. The Manitowoc Company v. Lanning, No. 2015AP1530 (Wis. Ct. App. Aug....

 

HTMLRespirable Coal Dust Samples Prove New Dust Rule Is Achievable, Mine Safety Agency Announces
Bradford T. Hammock; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 18, 2016
The Mine Safety and Health Administration has announced that 99 percent of the coal mine dust samples collected from April 1, 2016, through June 30, 2016, were in compliance with its coal mine dust standards requiring lower levels of dust. It said that this proves the “significantly positive...

 

HTMLMassachusetts Amends Blue Laws to Allow for Operations of Warehouses on Sundays and Holidays
Brian E. Lewis; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 19, 2016
Warehouses and delivery centers in Massachusetts can be opened on Sundays and holidays under a provision in the new economic development law amending the state’s “blue laws.” The Massachusetts blue laws, with a list of 55 exceptions, restrict certain commercial activities on...

 

HTMLSeattle Mayor’s Office Proposes Predictable Scheduling Law
Michael A. Griffin, Jonathan M. Minear, David A. Nenni, Bryan P. O'Connor; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 18, 2016
The Seattle Mayor’s Office has proposed a Secure Scheduling Proposal that would require certain large employers operating within Seattle city limits to give their hourly workers advance notice of their schedules and to pay workers extra for being required to work on call.

 

HTMLMassachusetts Enacts Transgender Restroom Law
Samia M. Kirmani, Michelle E. Phillips; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 19, 2016
Massachusetts has taken another step in protecting those who do not identify with the sex they were assigned at birth. Effective October 1, 2016, individuals will have the legal right to use restrooms, changing rooms, and locker rooms that correspond to their gender identity, regardless of their...

 

HTMLCourt Dismisses on Religious Freedom Grounds EEOC’s Title VII Suit on Behalf of Fired Transgender Employee
Paul A. Patten, Michelle E. Phillips; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 22, 2016
Finding the Equal Employment Opportunity Commission failed to accommodate the religious beliefs of a funeral home’s owner who fired a transgender employee under the Religious Freedom Restoration Act, a federal district court has dismissed the Commission’s discrimination lawsuit brought...

 

HTMLHolding Class Waivers Violate the NLRA, Ninth Circuit Joins Circuit Split
David E. Block, Richard I. Greenberg, Samia M. Kirmani, Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
September 2, 2016, previously published on August 23, 2016
Requiring class and collective action waivers as a condition of hire or continued employment violates the National Labor Relations Act, the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled. Morris v. Ernst & Young, No. 13-16599 (9th Cir. Aug. 22, 2016).

 

HTMLMaximum OSHA Fines for Safety Violations Increase by 78%
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
August 18, 2016, previously published on August 11, 2016
The first increases to Occupational Safety and Health Administration fines for violations of safety regulations since 1990 went into effect on August 1, 2016. The increases are substantial: the maximum penalties have increased by 78 percent. In addition, OSHA will adjust the amounts annually based...

 


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