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HTMLSenators Introduce Bill to Overhaul National Labor Relations Board
Garen E. Dodge, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 30, 2015
A bill introduced by Senate Majority Leader Mitch McConnell (R-Ky.) and Senator Lamar Alexander (R-Tenn.) on January 28 would make significant changes to the National Labor Relations Act, including adding a sixth member to the National Labor Relations Board and requiring an even representation of...

 

HTMLCalifornia Supreme Court Decision Barring Waiver of Representative Claims is Left Intact by U.S. Supreme Court
Mitchell F. Boomer; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 22, 2015
The U.S. Supreme Court has declined to review the California Supreme Court’s decision that representative claims under the California Labor Code Private Attorneys General Act (“PAGA”) cannot be waived in employment arbitration agreements. Iskanian v. CLS Transp. Los Angeles, LLC,...

 

HTMLWhat’s Next for the Affordable Care Act...Information Reporting
Joseph J. Lazzarotti, Melissa Ostrower; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 27, 2015
Employers with a calendar year health plan who have completed open enrollment and tackled many of the significant compliance hurdles toward Affordable Care Act (ACA) compliance may feel they are entitled to a breather. But there is no rest for the weary. Many more challenges lie ahead. In 2016,...

 

HTMLNew Jersey High Court Endorses Worker-Friendly Test for Employment-Status Disputes under State Wage Laws
Maggie L. Gousman, David G. Islinger; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 20, 2015
The New Jersey Supreme Court has held “that the ‘ABC’ test derived from the New Jersey Unemployment Compensation Act, N.J.S.A. 43:21-19(i)(6), governs whether [an individual] is an employee or independent contractor for purposes of resolving a wage-payment or wage-and-hour...

 

HTMLU.S. Supreme Court Supports Whistleblower Claim of Employee Fired for Leaking Sensitive Information
Richard J. Cino, David R. Jimenez, L. Dale Owens; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 23, 2015
Strictly construing the Whistleblower Protection Act (“WPA”) against the employer (here, the government) and in favor of the employee, the U.S. Supreme Court has ruled a federal air marshal’s whistleblower claim may proceed even though he had leaked confidential air security plans...

 

HTMLRemoving Essential Job Functions Not Reasonable Disability Accommodation under California Law, Court Rules
Mark S. Askanas; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
Affirming summary judgment in favor of an employer on an employee’s disability discrimination claims under the California Fair Employment and Housing Act (“FEHA”), the California Court of Appeal has ruled that the employer was not required to eliminate essential functions of a...

 

HTMLHow to Comply with the New Jersey ‘Ban the Box’ Law
Luke P. Breslin, James M. McDonnell; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
In New Jersey, The Opportunity to Compete Act, otherwise known as the “Ban the Box” bill, restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process, became effective March 1, 2015.

 

HTMLWisconsin Becomes 25th Right-to-Work State
Gregory H. Andrews, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The legislation, passed on March 6, 2015, and signed into law by Governor Scott Walker (R) on March 9, makes it illegal for a Wisconsin private-sector employer to enter into a collective bargaining agreement with a union under which an employee is required to join the union or pay union dues to it....

 

HTMLEmployers Cannot Apply Tougher Policies Retroactively to Employee Covered by CBA
Gregg E. Clifton, Kurt J. Erickson, Gina K. Janeiro, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
Sending employers a strong message, a federal court in Minnesota has ruled that even an arbitrator’s award may be overturned where the employer seeks to enforce a disciplinary policy that was not in place when the employee’s alleged misconduct took place. National Football League...

 

HTMLHighest Court Lets Fisherman Off the Hook
Robert J. Cino, Joseph C. Toris; Jackson Lewis P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 4, 2015
The U.S. Supreme Court has limited the scope of the evidence destruction prohibition of the Sarbanes-Oxley Act (18 U.S.C. § 1519) (“SOX”), a plurality holding that a “tangible object” within the meaning of the section making it illegal for an individual to knowingly...

 


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