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Archive by tag: P.CReturn

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for dismissal....By: Franczek P.C.
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Franczek P.C. | Jan 22,2020 |

SSA Issues Controversial Proposal That Could Cut Hundreds of Thousands From Disability Rolls

Advocates are warning that a little-noticed proposed rule change could result in hundreds of thousands of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) recipients, many of them children, losing benefits. The...By: Chambliss, Bahner & Stophel, P.C.
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When it Comes to SEQRA, Reasonable Agencies Are Allowed to Disagree

In SEQRA litigation, there is an oft-quoted proposition that the Lead Agency may not abdicate or defer its responsibilities under SEQRA to another agency. See Riverkeeper, Inc. v. Planning Bd. of Town of Se., 9 N.Y.3d 219, 234 (2007)....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Jan 20,2020 |

Review Commission Gains Quorum After Senate Confirmations

Since April of 2019, the Occupational Safety and Health Review Commission (“Commission”) has been a panel of one. After Chairwoman Heather MacDougall resigned from the Commission on March 31, 2019 and Commission Cynthia Attwood’s term ended in April...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 20,2020 |

U.S. District Court Grants Preliminary Injunction Against Enforcement Of AB 5: Truckers Can Keep Trucking As Independent Contractors In California

Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. Judge Benitez granted the preliminary...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 20,2020 |

Compliance With Changing State And Local Laws Is Nonstop

In 2019, as in previous years, most of the new labor and employment law legislation was enacted at the state and local level. Paid Family Leave- Paid family leave statutes gained momentum: As of July 1, 2019, the District of Columbia began...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 20,2020 |

Northrup Grumman Agrees To Settle 401(k) Excessive Fee Suit

Northrop Grumman has agreed to pay $12,375,000 to settle a class action brought under the Employee Retirement Income Security Act (“ERISA”) by participants in its 401(k) plan. The parties reached the initial terms of this settlement last year minutes...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 20,2020 |

Demand For H-2B Visas Remains Higher Than Supply

The peak H-2B filing season opened on January 2, 2020, and by the next day the Office of Foreign Labor Certification (OFLC) in the Department of Labor (DOL) had received approximately 5,000 applications for 87,000 seasonal workers. Only 33,000 are...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 20,2020 |

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action No. 19 CV 1315 (Pa. Ct....By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 17,2020 |

Bill Amending New Jersey WARN Act To Mandate Payment Of Severance Benefits Sent To Governor

The New Jersey Legislature has passed an amendment to the Millville-Dallas Airmotive Plant Job Loss Notification Act (New Jersey WARN Act) to require companies with at least 100 employees to provide 90 days’ notice and pay severance to all affected...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jan 17,2020 |
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