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Jackson Lewis P.C.
Jackson Lewis P.C.
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Connecticut Supreme Court Limits Use of Unpaid Wage Claim Statute for Discretionary Bonus Disputes

Post on Jul. 01, 2010

Reversing an appellate court decision, the Connecticut Supreme Court has made clear that discretionary bonuses are not subject to the Connecticut wage claim statute. Ziotas v. The Reardon Law Firm, P.C., SC 18292......

Does Supreme Court Prefer Administrative Remand for Erroneous ERISA Benefit Determinations?

Post on Jul. 01, 2010

"People make mistakes.” Thus did Chief Justice John Roberts introduce Conkright v. Frommert, No. 08-810 (Apr. 21, 2010), an opinion that re-affirms the importance the Supreme Court places upon the preservation of......

DOL "Interpretation" of FMLA Rules Expand Protections for Non-Traditional Families

Post on Jul. 01, 2010

The U.S. Department of Labor issued today an Administrator's Interpretation of the FMLA Regulation defining "in loco parentis" relationships as part of the FMLA's definition of "son" or "daughter". Is this "big news"......

DOL "Interpretation" of FMLA Rules Expands Protections for Non-Traditional Families

Post on Jul. 01, 2010

The U.S. Department of Labor has issued an Administrator’s Interpretation of the FMLA Regulation that includes “in loco parentis” relationships as part of the FMLA’s definition of “son” or “daughter”. ......

Leave as a Reasonable Accommodation under the ADA

Post on Jul. 01, 2010

Complying with the myriad of laws affecting medical leave continues to be a significant and growing challenge for employers. Making the decision whether and when to terminate an employee on medical leave is perhaps the......

NY Appellate Court Holds that World Yacht Applies Retroactively

Post on Jul. 01, 2010

In Samiento v World Yacht, 10 NY3d 70 (2008), the New York Court of Appeals held that whether a labeled service charge is a “gratuity” for purposes of N.Y. Labor Law § 196-d that must be distributed to service......

Supreme Court Limits Scope of Judicial Scrutiny of Arbitration Agreements

Post on Jul. 01, 2010

The Supreme Court has clarified whether an arbitrator or court should address a challenge to the validity of an arbitration agreement when a provision in the agreement expressly delegates such authority to the......

Court Denies Claim for Alleged Unpaid Overtime Despite Employer's Failure to Maintain Required Records

Post on Jun. 30, 2010

As discussed here, an employer’s maintenance of accurate records of hours worked by employees is not only a substantive requirement of the FLSA, but an essential component to defending against “off the clock”......

Federal Court Reiterates that Banquet Servers Can Satisfy Section 7(i) Exemption

Post on Jun. 30, 2010

Among the many ambiguities in the FLSA’s often-confusing overtime exemption for commissioned employees of retail or service establishments (known as the “7(i)” exemption), is courts’ varying interpretations of......

OSHA's Severe Violator Enforcement Program Effective June 18

Post on Jun. 30, 2010

OSHA has just announced that its Severe Violator Enforcement Program (SVEP) is effective June 18th. The SVEP “concentrates resources on inspecting employers who have demonstrated indifference to their OSH Act......

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