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HTMLFederal Court Enjoins Health and Human Services Department from Enforcing ACA Protections for Transgender Individuals
Lisa M. DeFilippis, Michelle E. Phillips, Joshua Rafsky; Jackson Lewis P.C.;
Legal Alert/Article
March 23, 2017, previously published on January 13, 2017
The Obama Administration was dealt a blow in its efforts to expand legal protections for transgender individuals relating to the receipt of health care services and health insurance under the Patient Protection and Affordable Care Act (“ACA”). Judge Reed O’Connor of the Northern...

 

HTMLMine Safety Agency Announces Final Rule for Examination of Working Places in Metal, Nonmetal Mines
Tressi L. Cordaro; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 8, 2017
Examinations of working places should be conducted before miners begin work in those places and miners should be notified of hazardous conditions found during examinations, the Mine Safety and Health Administration has announced in a final rule amending existing standards to improve the quality of...

 

HTMLCalifornia Court Provides Additional Guidance on Timecard Rounding, Grace Period Claims
Evan D. Beecher, David S. Bradshaw, James T. Jones; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 8, 2017
Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v. See’s Candy Shops, Inc., No. D068136 (Dec. 9, 2016, published...

 

HTMLEEOC Issues New Guidance on National Origin Discrimination
Zachary A. Ahonen, Michael W. Padgett, Scott James Preston, Melissa K. Taft, Craig W. Wiley; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 6, 2017
The Equal Employment Opportunity Commission’s "Enforcement Guidance on National Origin Discrimination" highlights the agency’s enforcement emphasis and opinion of the direction the law should be headed. It is important even though the Guidance does not create legal mandates.

 

HTMLU.S. Supreme Court Clarifies Limitation Period for Claims Relying on Constructive Discharge
Zachary A. Ahonen, Michael W. Padgett, Scott James Preston, Melissa K. Taft, Craig W. Wiley; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 6, 2017
Under a constructive discharge theory, an employee’s limitation period to file a discrimination claim with the Equal Employment Opportunity Commission begins upon the constructive discharge, not before, the United States Supreme Court has ruled, giving clarity to timing considerations of...

 

HTMLMissouri Enacts Right to Work Law
Thomas E. Berry, Brian J. Christensen, Richard L. Connors, Adam C. Doerr, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 6, 2017
Governor Eric Greitens campaigned on promises to sign “right-to-work” law if given the opportunity and the Missouri House of Representatives gave him that opportunity by passing Senate Bill 19 (SB 19) after hours of floor debates on February 2, 2017. Governor Greitens signed SB 19 on...

 

HTMLPresident Trump Orders Review of Labor Department Fiduciary Rule and Addresses Financial Industry in Latest Actions
Joy M. Napier-Joyce; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 6, 2017
President Donald Trump has taken actions aimed at alleviating some of the regulatory burdens on the financial services industry. Through a Presidential Memorandum, issued on February 3, 2017, he ordered the Department of Labor to “examine the Fiduciary Duty Rule to determine whether it may...

 

HTMLOSHA Issues Final Rule to Protect Workers from Beryllium Exposure
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
March 22, 2017, previously published on February 8, 2017
The Occupational Safety and Health Administration has issued a final rule “to prevent chronic beryllium disease and lung cancer” in workers by limiting their exposure to beryllium and beryllium compounds. Beryllium and beryllium compounds are used in the aerospace, shipyard,...

 

HTMLNLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law
Michael R. Bertoncini, Howard M. Bloom, Gregg E. Clifton, Patrick L. Egan, Paul V. Kelly, Monica H. Khetarpal, Robert H. Morsilli, Philip B. Rosen, Jonathan J. Spitz; Jackson Lewis P.C.;
Legal Alert/Article
March 9, 2017, previously published on February 2, 2017
Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and...

 

HTMLPart-Time Employees Get First Chance at Extra Hours under New San José Ordinance
Mark S. Askanas, Cary G. Palmer, Robert M. Pattison; Jackson Lewis P.C.;
Legal Alert/Article
March 9, 2017, previously published on February 3, 2017
Employers in San José, California, must offer additional work hours to existing qualified part-time employees before hiring new employees beginning March 13, 2017, under the Opportunity to Work Ordinance.

 


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