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HTMLDon’t Get Short Changed on Your Average Weekly Wage
John M. Connell; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 24, 2015
Average weekly wage is a topic I have discussed previously. Generally your average weekly wage should include the salary you earn each week. It gets more complicated when the weeks that you work are not uniform, like when someone gets a lot of overtime or their work is not full time. That’s...

 

HTMLRocky Mountain Employer Repeatedly Accused of Wage Theft
Diane Vaksdal Smith; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 9, 2015
The term “wage theft” refers to a practice by employers through which the either fail to pay employees sums that were promised or sums required under the law. Unfortunately, wage theft is far more common than most people think, with employers forcing employees to work “off the...

 

HTMLHepatitis C Transmission in the Course of your Employment (Part 2 of 2)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 5, 2015
In Part 1 of our blog series, we discussed the risks to first responders, as well as legislation that has been enacted to protect them. However, it is of vital importance that first responders who believe they may have been exposed to hepatitis C follow the below list of timeline requirements:

 

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...

 

HTMLHepatitis C Transmission in the Course of Your Employment (Part 1 of 2)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
Hepatitis C is an infectious disease primarily caused by blood-to-blood contact. Hepatitis C infections can cause scarring of the liver, and, over time, ultimately liver failure. When the infection is treated early with proper medications, the chance of being cured or experiencing remission is...

 

HTMLEnforcing a "Fair Day's Pay" - What Can You Do in the Face of This Initiative
Peter R. Rich; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
March 27, 2015, previously published on January 19, 2015
The Department of Labor (“DOL”) announced in late 2012 it was launching a multi-year wage and hour enforcement initiative on Marcellus Shale contractors operating in Pennsylvania and West Virginia. Following that announcement, DOL has issued several reports about the success of its...

 

HTMLSupreme Court Delivers New Life to Pregnancy Discrimination Claim
Nicole Bermel Dunlap, Leanne C. Mehrman; Ford & Harrison LLP;
Legal Alert/Article
March 27, 2015, previously published on March 26, 2015
Executive Summary: On March 25, 2015, the United States Supreme Court issued an opinion that redefines the standard for disparate treatment claims under the Pregnancy Discrimination Act (PDA). In Young v. United Parcel Service, Inc., the Court applied the McDonnell Douglas burden-shifting standard...

 

Adobe PDFNew York State Employers Do Not Need to Distribute Annual Wage Rate Notices to Employees This Month
Charles H. Kaplan, Galit Kierkut, David I. Rosen; Sills Cummis & Gross P.C.;
Legal Alert/Article
March 27, 2015, previously published on January 2015
On December 29, 2014, Governor Cuomo signed a bill amending the New York Wage Theft Protection Act (the “WTPA”) to, among other things, eliminate the requirement that New York State employers provide annual wage rate notices to existing employees between January 1 and February 1 of each...

 

HTMLFourth Circuit Affirms District Court’s Decision That Virginia Workers’ Compensation Act Barred Personal Injury Suit by Construction Worker Employed by North Carolina Company
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In James Demetres v. East West Construction, Inc., James Thomas Demetres (“Demetres”) appealed the district court’s dismissal of his personal injury suit against East West Construction, Inc. (“East West”) for lack of subject matter jurisdiction pursuant to Federal Rule...

 

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...

 


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