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|Recent Win: Lesley Joseph v. Monmouth County|
Carla P. Aldarelli; Capehart & Scatchard, P.A.;
May 26, 2016, previously published on April 20, 2016Recently, in Joseph v. Monmouth County, A-4144-13T3 (App. Div. December 14, 2015), the Supreme Court of New Jersey denied certification of the Appellate Division’s affirmation of the trial court’s dismissal of this case.
|DOL Announces FMLA Guide for Employers and Forthcoming Poster|
Shawe Rosenthal LLP;
May 26, 2016, previously published on April 29, 2016The Department of Labor recently announced that it will be issuing a revised Family and Medical Leave Act poster and that it has released a new FMLA resource for employers: “The Employer’s Guide to the Family and Medical Leave Act.”
|Several New Worker's Compensation Provisions Favorable to Wisconsin Employers|
Dean Frederick Kelley; Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.;
May 18, 2016, previously published on April 26, 2016Wisconsin Governor Scott Walker signed into law several new employer-friendly 2016 amendments to the state’s Worker’s Compensation Act. In addition to cutting the statute of limitations for traumatic injury claims in half, from 12 years to 6, the amendments also deny benefits to...
|Jersey City Proposes Groundbreaking Minimum Workweek Ordinance|
Jeffrey J. Corradino, Eugene U. Ubawike; Jackson Lewis P.C.;
May 18, 2016, previously published on April 29, 2016The City of Jersey City, New Jersey, recognizing that building service employees compose “a significant portion” of those who work in the City, is considering an ordinance to establish a minimum 30-hour workweek for them. The measure, launched by City Council President Rolando Lavarro,...
|California Governor Signs Paid Family Leave Expansion Into Law|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
April 26, 2016, previously published on April 11, 2016On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70 percent (depending on the worker’s income). Assembly Bill No. 908 (AB...
|Key Issues in Misrepresentation|
Aaron McCurdy; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
April 14, 2016, previously published on March 28, 2016Under Florida’s Workers’ Compensation Laws, a claimant will have a heavy price to pay if an administrative hearing officer, court, or jury, finds the injured worker knowingly or intentionally made any false, fraudulent, or misleading statement, either verbally or in writing, to obtain...
|2016 Workers' Compensation Session Wrap Up|
Tamela Ivey Perdue; McConnaughhay, Coonrod, Pope, Weaver, Stern & Thomas, P.A.;
April 14, 2016, previously published on March 15, 2016The Florida Legislature closed out the 2016 Regular Session at 6:45 pm last Friday, March 11, 2016. Throughout the session, over 1800 bills were filed but the Florida Legislature only passed 261 before its adjournment. Governor Rick Scott has already signed several items into new law.
|New Compensation Reporting Requirements|
Charles R. Bacharach; Gordon Feinblatt LLC;
April 13, 2016, previously published on Spring 2016On January 29, 2016, President Obama announced a new initiative to collect compensation data from all employers with 100 or more employees.
|First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions|
Andrew P. Burnside, Alison P. Lungstrum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 7, 2016, previously published on March 3, 2016The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of performance-based commissions. Lalli v. General Nutrition Centers,...
|Oregon Raises Minimum Wage|
Charles E. McDonald, Jennifer A. Nelson, Emily K. O'Brian; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 6, 2016, previously published on March 9, 2016Oregon’s legislature has approved a bill to raise the state’s minimum wage. Governor Kate Brown signed the bill on March 2, 2016, with increases scheduled to take effect beginning July 1, 2016.