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|Pot Luck - Best Practices for NY & NJ Employers Addressing Medical Marijuana Use in the Workplace|
Grace A. Byrd, Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
July 31, 2014, previously published on July 2014Approximately 18 years after California passed the first state medical marijuana law in 1996, 23 states and Washington D.C. now have enacted medical marijuana statutes. After years of failed attempts, on July 7, 2014 Governor Andrew Cuomo signed into law the Compassionate Care Act (“NY...
|Labor Board Allows Micro-Unit at Retailer, Citing Specialty Healthcare|
Jackson Lewis P.C.;
July 31, 2014, previously published on July 30, 2014In a much-anticipated decision, the National Labor Relations Board has held a union’s petitioned-for micro-bargaining unit of retail store employees was appropriate, rejecting the employer’s argument that the employees the union sought to represent shared an “overwhelming...
|Employer May Determine Workweek for Payroll Purposes under FLSA, Federal Court Rules|
Jackson Lewis P.C.;
July 31, 2014, previously published on July 28, 2014Under the Fair Labor Standards Act, an employer may use a Monday-through-Sunday “workweek” to calculate overtime pay for employees with work schedules of Thursdays through Wednesdays, the federal appellate court in New Orleans has ruled. Johnson v. Heckmann Water Res. (CVR), Inc., No....
|LIRR Strike Averted, but Employers Should Remain Aware of Wage and Hour Requirements When Outside Events Prevent Workers From Reaching the Workplace|
George Patterson; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 31, 2014, previously published on July 30, 2014Recently, union leaders at the Long Island Railroad and representatives of the Metropolitan Transportation Authority finally reached a deal to avoid a strike. If a strike had occurred, businesses would have faced a potentially significant loss of employee productivity as more than 300,000 daily...
|Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline|
Sutherland Asbill Brennan LLP;
July 31, 2014, previously published on July 29, 2014The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision...
|Big Increase in 2014 Service Contract Act Health & Welfare Rate Announced|
Jackson Lewis P.C.;
July 31, 2014, previously published on July 28, 2014The U.S. Department of Labor (DOL) has released its annual memorandum with the rate increase for Service Contract Act (SCA) Health and Welfare (H&W) Fringe Benefits. The new rate of $4.02 per hour (up from last year’s $3.81 per hour) is required in all government contract bids or other...
|Another Increase in the Rhode Island Minimum Wage to $9/Hour|
Andrew E. Silvia, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 30, 2014, previously published on July 25, 2014On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum wage for the third time in as many years, was approved by the...
|Supreme Court Holds Public Employee's Testimony is Protected by First Amendment|
Hancock Estabrook LLP;
July 30, 2014, previously published on July 2014In a unanimous decision authored by Justice Sotomayor, the United States Supreme Court held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities. Lane v. Franks, No. 13-483, 2014 WL...
|Must an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?|
Paul M. Lusky; Ford & Harrison LLP;
July 30, 2014, previously published on July 29, 2014Executive Summary: When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent undue hardship, an employer must...
|Will the Ohio Supreme Court Eliminate Manager and Supervisor Liability for Discrimination?|
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
July 30, 2014, previously published on July 29, 2014Ohio’s discrimination is unique in that it allows for the imposition of individual liability against managers and supervisors for their personal acts of discrimination. The case, Genaro v. Central Transport (1999), is the bane of defense lawyers and employers alike. Aside from adding a...