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Legal Articles: Sills Cummis & Gross P.C.

 







Document(s) published by this organization: 16


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Adobe PDFEEOC Proposes Rule Requiring Employers to Disclose Pay Data on EEO-1 Forms and Key Recent Pro-Employee Changes in New York State’s and New York City’s Employment Laws and Regulations
Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
February 16, 2016, previously published on January 2016
In a proposed regulation announced on January 29, 2015, the U.S. Equal Employment Opportunity Commission set forth changes that would require federal contractors and all other private-sector employers throughout the nation of more than 100 employees to report wage and salary data on their annual...

 

Adobe PDF‘Til Death Do Us Part: Avoiding Pitfalls Associated with Life Insurance Provisions in Family Law Matters
Jan L. Bernstein, Thomas S. Novak; Sills Cummis & Gross P.C.;
Legal Alert/Article
February 2, 2016, previously published on January 2016
A well drafted Matrimonial Settlement Agreement will contain language addressing appropriate security in case of death for all of the financial obligations included in the Agreement. These provisions often are focused on life insurance and can be complex. Without the right language, the security...

 

Adobe PDFSpoliation and Adverse Inferences: Paper Documents Count Too!
Charles J. Falletta, Beth S. Rose; Sills Cummis & Gross P.C.;
Legal Alert/Article
January 19, 2016, previously published on December 2015
Generally, the law of spoliation requires litigants to preserve relevant documents through a litigation hold in cases where litigation is reasonably anticipated, or to face potential litigation sanctions. However, is litigation reasonably anticipated and does the duty to preserve attach where a...

 

Adobe PDFThe Third Circuit Affirms Test for Joint Employer Liability in Wage and Hour (FLSA) Matters, Distancing from the NLRB Position
Andrew I. Glenn, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
January 19, 2016, previously published on November/December 2015
On November 18, 2015, the Third Circuit issued an Opinion, Faush v. Tuesday Morning, Inc., Civil Action No. 2-12-cv-07137, which addresses whether the Defendant was a joint employer. The court explained that, unlike in the recent NLRB decision discussed in our September Client Alert, under Federal...

 

Adobe PDFEmployers Beware of Relying on Handbooks to Create Enforceable Arbitration or Other Agreements with Employees
Dana A. Brady, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
October 30, 2015, previously published on October 2015
Employers frequently distribute employee handbooks containing general policies and procedures to new employees. It is not uncommon for employee handbooks to include mandatory arbitration clauses, requiring employees to arbitrate employment-related disputes, rather than litigate them in court. Often...

 

Adobe PDFRaising the Bar for Design Defect Claims: A New Jersey Judge Puts Plaintiffs’ Feet to the Fire
Beth S. Rose, William R. Stuart; Sills Cummis & Gross P.C.;
Legal Alert/Article
October 30, 2015, previously published on September 2015
On August 14, 2015, the Honorable Jessica R. Mayer issued numerous rulings in four bellwether cases in the AlloDerm® Litigation, a multi-county litigation pending in New Jersey Superior Court in Middlesex County. Most notably, Judge Mayer dismissed plaintiffs’ design defect claims for...

 

Adobe PDFTarget Discovery Ruling Sheds Light on Preserving Privilege of Post-Breach Internal Investigations
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
Legal Alert/Article
October 30, 2015, previously published on October 2015
Last week, on October 23, 2015, U.S. Magistrate Judge Jeffrey J. Keyes denied a class of banks’ motion that Target produce documents generated during its internal investigation of the massive 2013 holiday season data breach.1 This decision highlights the need for corporations to carefully...

 

Adobe PDFWhat Browning-Ferris Means to Union and Non-Union Employers
Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
September 9, 2015, previously published on September 2015
In a controversial 3-2 ruling, the National Labor Relations Board has overturned three decades of its own precedent and redefined joint employment in a manner that promises to create a sea change in labor relations and business relationships.

 

Adobe PDFThird Circuit Says FTC Can Regulate Corporate Cybersecurity Policies
Nicole Joy Leibman; Sills Cummis & Gross P.C.;
Legal Alert/Article
September 2, 2015, previously published on August 2015
On August 24, 2015, the Third Circuit issued a precedential ruling affirming the District Court of New Jersey’s denial of Wyndham Worldwide Corporation’s (“Wyndham”) motion to dismiss a suit filed against it by the FTC. In the action, the FTC alleged that Wyndham’s...

 

Adobe PDFA Trifecta of Wage and Hour Developments: A Mixed Bag for Employers
Charles H. Kaplan, Galit Kierkut, Jill Turner Lever, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 11, 2015
Given three critical recent developments in the area of wage and hour law, employers are well-advised to examine their wage and hour practices to ensure compliance and stay tuned for updates. An employer’s violation of wage and hour law, even if inadvertent, can be extremely costly.

 


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