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HTMLSupreme Court Weighs in on Class Action ‘Pick-Off,’ but Leaves Significant Questions Unanswered
Jeffrey W. Brecher; Jackson Lewis P.C.;
Legal Alert/Article
February 4, 2016, previously published on January 21, 2016
The U.S. Supreme Court has eliminated a strategy defendants have used to stem the rising tide of class action lawsuits - offering the named plaintiffs in a class action lawsuit full relief, mooting their individual claim (regardless if they accept the offer), and along with it, rendering the class...

 

HTMLSupreme Court: ERISA Plan Cannot Recover Settlement Funds that Have Already Been Spent
William H. Payne, René E. Thorne; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
The U.S. Supreme Court has narrowed, ever so slightly, the ever-changing definition of “appropriate equitable relief” under ERISA Section 502(a)(3). In Montanile v. Board of Trustees of National Elevator Industry Health Benefit Plan, the high court addressed whether a plan fiduciary can...

 

HTMLU.S. DOL Issues Guidance on Joint Employment Under the FLSA and MSPA
Alison B. Crane, Neil H. Dishman; Jackson Lewis P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
On January 20, 2016, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant Seasonal Agricultural Worker Protection Act (MSPA). This sub-regulatory guidance...

 

HTMLOSHA and FAA Agree to Increased Cooperation and Information Sharing to Protect Aviation Whistleblowers
Erik M. Dullea; Jackson Lewis P.C.;
Legal Alert/Article
January 26, 2016, previously published on January 14, 2016
The Occupational Safety and Health Administration and the Federal Aviation Administration have executed a memorandum of understanding (MOU) regarding the enforcement of the whistleblower provisions in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) (49 U.S.C....

 

HTMLMSHA Hits 23 Mines with Impact Inspections
Donna Vetrano Pryor; Jackson Lewis P.C.;
Legal Alert/Article
January 26, 2016, previously published on January 14, 2016
A total of 23 mines across 11 states were targeted by the Mine Safety and Health Administration for special emphasis inspections in November, and one of them — an Illinois cement plant — was tagged with 53 citations and five orders.

 

HTMLPittsburgh Paid Sick Days Act Update: Union Appeals Court’s Decision Invalidating the Act
Sheri L. Giger, Bethany Swaton Wagner; Jackson Lewis P.C.;
Legal Alert/Article
January 21, 2016, previously published on January 15, 2016
The Service Employees International Union Local 32 BJ (“SEIU”) has appealed the December 21, 2015, Order of the Allegheny County Court of Common Pleas invalidating the Pittsburgh Paid Sick Days Act (“PSDA”), the ordinance requiring all employers of employees within the...

 

HTMLNew York City Earned Sick Time FAQs Updates
Ellen M. Bandel, Richard I. Greenberg, Daniel J. Jacobs; Jackson Lewis P.C.;
Legal Alert/Article
January 21, 2016, previously published on January 14, 2016
Additional guidance for employers covered by New York City’s Earned Sick Time Act has been issued by the City’s Department of Consumer Affairs (DCA), the agency currently charged with enforcing the law, in recently updated Frequently Asked Questions (FAQs). These were last updated in...

 

HTMLFaster Votes, But Few More Union Wins - A Surprising Look at ‘Quickie Election’ Rules at Year-End
Philip B. Rosen, Thomas V. Walsh; Jackson Lewis P.C.;
Legal Alert/Article
January 21, 2016, previously published on January 15, 2016
After several years of drafting, handwringing, and litigation, in April 2015, the National Labor Relations Board’s new expedited election rules became effective. The employer community held its collective breath as they were rolled out. These rules substantially shortened the pre-election...

 

HTMLOregon ‘Ban the Box’ Legislation Effective, Next is Even Tougher Portland Ordinance
Heidi Guettler; Jackson Lewis P.C.;
Legal Alert/Article
January 15, 2016, previously published on January 6, 2016
Oregon law restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process (i.e., before a job interview) went into effect on January 1, 2016. Beginning July 1, 2016, the City of Portland will take ban-the-box restrictions...

 

HTMLGovernor of Puerto Rico Signs Bill to Expand Paid Sick Leave Use
Sara E. Colón-Acevedo; Jackson Lewis P.C.;
Legal Alert/Article
January 15, 2016, previously published on January 6, 2016
The New Year began with the Governor of Puerto Rico’s approval of an amendment, House Bill 695, to the Commonwealth’s paid sick leave law that expands the circumstances under which non-exempt employees can use paid sick leave. The stated intent is to improve the working conditions of...

 


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