Monday, July 6, 2026Labor & Employment Law
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California - Fair Employment And Housing Act
In Castro-Ramirez v. Dependable Highway Express, Inc., decided April 4, 2016, the California Court of Appeal for the Second Appellate District held California’s Fair Employment and Housing Act (FEHA) requires employers to provide reasonable accommodations to employees who are associated with a perso
Pennsylvania - General
Pennsylvania Governor Tom Wolf signed legislation that legalizes the use of marijuana for medicinal uses on April 17, 2016. The new law, Senate Bill 3, known as “The Medical Marijuana Act” permits patients suffering from ALS, autism, cancer, Crohn’s disease, nerve damage, epilepsy, glaucoma, HIV/AID
Benefits - Fiduciary
The Department of Labor has issued its much-anticipated final rule (the “Rule”) concerning the expanded definition of who is considered a fiduciary under the Employee Retirement Income Security Act, as amended (“ERISA”), and the Internal Revenue Code of 1986, as amended (the “Code”), as well as cert
OSHA - Violations
In its recent publication 16 Legal Tips: Handling OSHA Citations the Right Way, Intelivert asked 16 top legal experts for their tips to safety professionals who may find themselves on the receiving end of an OSHA citation. Three of those experts were Jackson Lewis attorneys – Carla Gunnin in our Atl
Sex Discrimination - Equal Pay
April 12, 2016 is National Equal Pay Day – the date which symbolizes the additional days into the current year women must work, on average, to reach the average pay of men during the previous year.
Texas
Austin, Texas, has enacted a city ordinance prohibiting employers from asking about or considering a job applicant’s criminal history before making a conditional offer of employment. Austin is the first city in the South to enact such a “Fair Chance” or “Ban the Box” law.
Immigration - General
Immigration and Customs Enforcement (“ICE”) announced on April 5, 2016, that the “University of Northern New Jersey” (“UNNJ”) had been a sting operation for the past two-and-a-half years. Run by Homeland Security Investigations Newark, UNNJ had a plausible website and an address in Cranford, New Jer
OSHA - General
The Occupational Safety and Health Administration finds that its new severe injury reporting program is a success. It believes a large number of severe injuries still are not being reported by employers. The agency has warned that tough consequences face employers who choose to ignore the reporting
Utah
In its 2016 session, the Utah Legislature passed a handful of bills that Utah employers will need to take into account in their workplace policies and procedures. The three bills discussed below were passed by the legislature, signed by the Governor, and are scheduled to go into effect on May 10, 20
Pennsylvania - General
Pennsylvania Governor Tom Wolf has signed two executive orders protecting the rights of lesbian, gay, bisexual, and transgender (“LGBT”) individuals. The first executive order covers discrimination by state agencies, and the second applies to state contractors as well as companies who receive state
HR - Health Care Industry
A respiratory therapist can proceed with her civil rights claims because questions remain about whether her hospital employer intended to honor a patient’s request that he not be treated by black employees, a federal court has ruled. Caprice McCrary v. Oakwood Healthcare, Inc., C.A. No. 14-14053 (E.
California - Fair Employment And Housing Act
On April 4, 2016, the California Supreme Court took a stand by issuing a long-awaited opinion in Kirby v. CVS Pharmacy, Inc. The decision clarifies certain ambiguities in an employer’s obligation to provide suitable seating to employees. At issue was a provision in California’s Wage Orders that requ
Florida - General
A company whose employee embezzles money has limited options for recovering its losses. Often, a company must rely on law enforcement to seize the employee’s assets before the employee can dissipate all available funds. A new law in Florida, however, will make law enforcement’s seizure of assets muc
Utah
Utah has enacted two new laws of importance to employers concerned about trade secrets, customer relationships, and other protectable interests in its 2016 legislative session. The first statute, the Post-Employment Restrictions Act (Utah Code § 34-51-101, et seq.), sets a one-year time limit on non
Title VII - EEO-1
As part of the vibrant dialogue currently underway surrounding the EEOC’s proposal for modification of the annual EEO-1 Report to include information on pay, Jackson Lewis submitted feedback for the Agency’s consideration.
Restrictive Covenants
Defying claims that bi-partisanship in Congress is dead, the United States Senate has passed the Defend Trade Secrets Act by a vote of 87-0. The measure, approved by the upper chamber on April 4, goes to the House of Representatives, which is considering a very similar bill with sponsorship from bot
Affirmative Action - OFCCP
The Department of Labor has again extended the public comment period for Executive Order 13706. Public comments are now due April 25, 2016. This is the second extension of the public comment period.
OSHA - General
The Occupational Safety and Health Administration has launched emphasis programs in three Midwestern states in an effort to reduce injuries and illnesses that government data show have affected 7.5 percent of employees in the meat processing industry there.
OSHA - Mining
A drill operator need not to be inside the cab of his drill at all times to comply with a mine safety standard stating that drills in operation “shall be attended at all times,” the Federal Mine Safety and Health Review Commission has ruled, upholding a judge’s ruling vacating citations against cont
Labor Law - General
The National Labor Relations Board’s General Counsel has assembled his latest wish-list of “hot-button” issues he hopes to present to the Board for decision when the right cases are presented to his office.