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Jackson Lewis P.C.
Jackson Lewis P.C.
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No Greater Leave Rights for Pregnant Employees, Ohio Supreme Court Rules, but Questions Remain

Post on Jul. 20, 2010

The Ohio Supreme Court has ruled that employers may impose length-of-service requirements on maternity leave if the same length-of-service requirements are imposed on all other types of leave. McFee v. Nursing Care......

NYSDOL Update: New Hire Notification and Permissible Wage Deductions

Post on Jul. 20, 2010

Employers with New York State operations must ensure they understand the New York State Department of Labor's current position as to new hire notices and wage......

Store Managers are Always Exempt - Aren't They?

Post on Jul. 20, 2010

In a case involving retailer Dollar General, another federal judge has refused to hold as a matter of law that a retail store manager is an overtime-exempt “executive” for purposes of the FLSA. Judge James Jones......

Employer Has No Duty to Accommodate "Stressed" and "Anxious" Employee, Federal Appeals Court Rules

Post on Jul. 15, 2010

An employee who fails to reveal to his employer that he was under treatment for depression has no claim under the Family and Medical Leave Act when he is fired for excessive absenteeism, the federal appeals court in St.......

Minnesota Supreme Court Abolishes Bright-line Rule on "Job Duties" Defense in Whistleblower Cases

Post on Jul. 15, 2010

A long-awaited decision from the Minnesota Supreme Court on the state’s whistleblowing statute has addressed the question of how an employee’s job duties must be taken into account in determining whether he or she......

NLRB General Counsel: NLRA No Per Se Bar to Mandatory Class Action Waivers in Arbitration Agreements

Post on Jul. 15, 2010

Departing National Labor Relations Board General Counsel Ronald Meisburg, addressing whether class/collective action waivers in mandatory arbitration agreements unlawfully restrict employees’ protected concerted......

Reasonable Accommodation Does Not Entitle Disabled Worker to Position Held by Temp, Circuit Rules

Post on Jul. 15, 2010

The duty to reasonably accommodate a disabled employee under the Americans with Disabilities Act did not require an employer to reassign the employee to a position filled by a temporary-contract worker because that......

Health Care Reform Law: Agencies Explain "Grandfathering"

Post on Jul. 02, 2010

The Departments of Labor, Treasury and Health and Human Services have jointly issued interim regulations on the grandfathering provisions under the Patient Protection and Affordable Care Act of 2010 (PPACA) as amended......

How to Stop Accessibility Lawsuits Before They Stop You

Post on Jul. 02, 2010

When was the last time you measured the slope of the curb ramp leading from your parking lot to your facility? Do you have the International Symbol of Accessibility on your storefront and bathroom door? Does it......

NJ Supreme Court Confirms Arbitrator's Latitude to Award for "Just Cause" Discipline under Contract

Post on Jul. 02, 2010

Where a collective bargaining agreement does not define “just cause” for discipline, an arbitrator has broad authority to reject an employer’s sanction of discharge and impose a lesser penalty once such cause is......

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