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Archive by tag: P.C.Return

A Deadline Is A Bright Line: How Fessenden Narrows “Substantial Compliance” In The Seventh Circuit

Last week the U.S. Court of Appeals for the Seventh Circuit ruled that the deadline imposed under ERISA for plan administrators to decide on benefit claims is a “bright line” rule. The court held that when a plan administrator misses this deadline,...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jul 01,2019 |

Lack Of Alignment Between Employer’s Payroll Workweek And FLSA “Workweek” Results In Overtime Liability, First Circuit Holds

Although the Fair Labor Standards Act (FLSA) includes an overtime exception for employees who reside on the work premises for an “extended” period of time – at least 120 hours in a “workweek” – that exception is inapplicable if an employer’s payroll...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jul 01,2019 |

Federal Arbitration Act Preempts New York’s Bar On Agreements To Arbitrate Sexual Harassment Claims, Court Rules

An agreement to arbitrate sexual harassment claims is enforceable pursuant to the Federal Arbitration Act (FAA), federal Judge Denise Cote has ruled, rejecting arguments that New York law voids such an agreement. Latif v. Morgan Stanley & Co. LLC, et...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jul 01,2019 |

Supreme Court Kisor Decision Has Implications for Employers

This week, the United States Supreme Court issued a decision in Kisor v. Wilkie, a case seeking to overturn prior precedent requiring deference to federal agencies’ interpretations of their regulations. The case involved a challenge by a military...By: Franczek P.C.
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Franczek P.C. | Jun 29,2019 |

EC Requests Scientific Opinions on Hydroxyapatite (Nano) and Nano Copper and Colloidal Copper

On June 25, 2019, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) posted two requests for scientific opinions: hydroxyapatite (nano) and copper (nano) and colloidal copper (nano). According to the mandate for...By: Bergeson & Campbell, P.C.
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Bergeson & Campbell, P.C. | Jun 28,2019 |

Paid Sick Leave On Track In Dallas And San Antonio

As noted in our recent post, absent extraordinary legislative action or prompt legal challenge, by August 1, 2019, most employers with employees working at least 80 hours a year in Dallas or San Antonio should be prepared to comply with paid sick...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 28,2019 |

Concerns rise over costly emergency intervention — a ‘bridge to nowhere?’

Medical ethicists and patient advocates are raising concerns about a big, costly, and often unsuccessful procedure that “pumps blood out of the body, oxygenates it, and returns it to the body, keeping a person alive for days, weeks or months, even...By: Patrick Malone & Associates P.C. | DC Injury
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UPDATE: NCAA Flexes Its Muscle In Response To California Fair Pay To Play Act

NCAA President Mark Emmert has predicted that it would become “impossible” for the NCAA to consider California colleges eligible to participate in national championship competitions should California pass the Fair Pay To Play Act (SB 206) and allow...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 27,2019 |

Oregon Enacts Living Donor Leave Law

Earlier this month, Oregon Governor Kate Brown signed Senate Bill 796 into law—after it passed 28-1 in the state Senate, and unanimously in the House—providing protected leave under the Oregon Family Leave Act (“OFLA”) for employees who miss work in...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 27,2019 |

The Next Wave? Serial Discrimination Filings From Prior Class Claims

Notwithstanding the employers’ victory at the U.S. Supreme Court in Epic Systems Corp. v. Lewis, which made it clear that arbitration and class action waiver regimes do not violate the National Labor Relations Act, employers are now facing another...By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Jun 27,2019 |
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