Jackson Lewis P.C. (JD Supra United States)

4510 results for Jackson Lewis P.C. (JD Supra United States)

  • EEOC Hosts Virtual Hearing On Civil Rights Implications Of COVID-19 Pandemic In The Workplace

    In its first all-virtual/remote video-cast hearing, the Equal Employment Opportunity Commission (EEOC) discussed workplace civil rights implications of the COVID-19 pandemic for employees and employers. During the hearing, Chairwoman Charlotte Burrows acknowledged that the EEOC must help employers navigate the new workplace landscape created by the pandemic, including equal opportunity issues...

  • Illinois Bill To Further Limit Use of Restrictive Covenants With Employees Headed To Governor’s Desk

    The Illinois General Assembly passed a major bill on May 31, 2021, that further limits and clarifies the circumstances in which restrictive covenants can be enforced against Illinois employees. Governor J. B. Pritzker is expected to sign the bill into law...

  • Supreme Court Rules On Noncitizens Granted Temporary Protected Status

    In Sanchez v. Mayorkas, 593 U.S. ____(June 7, 2021), the U.S. Supreme Court resolved the circuit split on whether a grant for temporary protected status (TPS) authorizes eligible noncitizens to adjust status to lawful permanent resident even if they entered the United States unlawfully – the Court held that it does not...

  • Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

    California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to an arbitration agreement based on California law...

  • “So” What? SCOTUS Adopts Narrow Interpretation Of CFAA

    It’s not every day the U.S. Supreme Court issues an opinion relevant to this blog, so we are understandably excited when it does. In a landmark decision, the Court has ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030 et seq., does not prohibit improper use of computer information that an individual was authorized to access...

  • NY Attorney General Announces Settlement After Website Data Breach

    In late May, New York Attorney General Letitia James announced a $200,000 settlement agreement with Filters Fast, an online water filtration retailer, stemming from a 2019 data breach compromising the personal information of over 300,000 consumers across the U.S., including nearly 17,000 in New York state...

  • D.C.’s Displaced Workers Protection Act Expanded To Assist Employees Laid Off In COVID-19 Era

    Eligible workers in D.C. who have been displaced by the COVID-19 pandemic have the opportunity to be reinstated once their employer starts rehiring after the pandemic, according to a new law. The “Displaced Workers Right to Reinstatement and Retention Amendment Act of 2020” also allows eligible employees to be reinstated and retained if there is a change in the ownership, controlling interest, or

  • California Court Of Appeal Provides Potential Guidance For Right Of Recall Ordinances

    Before 2020, the City of Santa Monica was one of a handful of cities that had a right of recall ordinance. However, since the beginning of the pandemic, many local governments enacted right to recall ordinances to return displaced workers to their prior positions. Recently, the state joined these local governments, passing SB 93 relating to the right of recall for the hospitality industry...

  • Supreme Court Adopts Narrow Interpretation Of Computer Fraud And Abuse Act

    In a landmark decision, the U.S. Supreme Court has ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030 et seq., does not prohibit improper use of computer information to which an individual has authorized access. Rather, the law prohibits obtaining information from areas of a computer, such as files, folders, or databases, that are outside the limits of the individual’s...

  • H-2B Visas For Summer Season

    By June 1, 2021, Department of Homeland Security (DHS) had received more H-2B visas petitions than the allotted 16,000 slots for returning workers. A lottery will be conducted to determine which petitions will be accepted for processing...

  • Administrative Exhaustion Is Required Even When Not Mentioned In Plan

    The Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of employee benefits, where the benefit plan’s language did not include an administrative appeal procedure and the denial letter included only permissive language stating that the claimant “may request a review” of the denial...

  • Seventh Circuit Upholds High Bar For Plaintiffs Filing Retaliation Claims

    The Seventh Circuit Court of Appeals recently reaffirmed employers’ rights under Title VII to make merit-based hiring decisions, even when it means rejecting a candidate who recently raised a meritorious claim of discrimination...

  • Multiemployer Pension Plan Reform/Bailout May Be Greater Than Expected; Guidance Still Forthcoming

    The Emergency Pension Plan Relief Act of 2021 (EPPRA), enacted as part of the American Rescue Plan Act of 2021 (ARPA), contained unprecedented financial relief for the most troubled multiemployer pension plans (MEPPs). The MEPPs community is eagerly awaiting guidance from the Pension Benefit Guaranty Corporation (PBGC) on the requirements for MEPPs to apply for the special financial assistance...

  • Georgia Prohibits COVID-19 ‘Vaccine Passports’ For Public Employers, Also Limiting Private Employers

    While many states have issued orders prohibiting inquiries about an individual’s COVID-19 vaccination status, Georgia has become the first to restrict public employers from requiring proof of a COVID-19 vaccination as a condition of employment...

  • Cultural Artifacts Returned To Thailand

    After a three-year investigation by Homeland Security Investigations (HSI), two hand-carved lintels from ancient temples in Thailand were returned to the Thai government during a joyous ceremony including dancers and prayers at the Royal Thai Consulate-General in Los Angeles...

  • DHS Discontinues Collection Of Fines From Noncitizens Failing To Depart The U.S.

    The Department of Homeland Security will no longer be collecting civil financial penalties for noncitizens who fail to depart from the United States. Secretary Alejandro Mayorkas announced that “[t]here is no indication that these penalties promoted compliance” and that the penalties were “ineffective and unnecessary punitive measures.”...

  • Cal/OSHA Passes Amended COVID-19 Emergency Temporary Standard – What Changed?

    On May 20, 2021, the Cal/OSHA Standards Board (“Board”) delayed a vote on proposed changes to the COVID-19 Emergency Temporary Standards (“ETS”). At that time, the Board claimed they would revise the ETS to address updated guidance from the Centers for Disease Control and Prevention (“CDC”) for fully vaccinated persons...

  • California Employers Contend With Mixed Signals As The State Prepares To Reopen

    Since California announced plans for “preparing to get back to normal,” many California employers have eyed California’s reopening date of June 15th as the date they can return to the office or resume normal operations. But even though it is clear California wants to reopen the economy, California employers that are preparing their return to work plans are still unsure of what steps they need to...

  • Massachusetts Employers Must Provide Up To 40 Hours Of COVID-19 Emergency Paid Sick Leave

    Massachusetts has established a statewide mandate for employers to temporarily provide employees up to 40 hours of COVID-19 Massachusetts emergency paid sick leave (MA EPSL) when they are unable to work due to specific qualifying reasons related to the pandemic...

  • U.S. Bancorp Defeats Class Certification In Challenge To Early Retirement Benefits

    The District Court of Minnesota declined to certify a class of pensioners seeking to challenge their plan’s early retirement calculations. ERISA requires early retirement benefits to be actuarially equivalent to what participants would receive at their normal retirement age...

  • Litigation Over H-4 EAD Rule Progresses

    Although the Biden Administration has taken steps to maintain H-4 EADs for spouses of highly skilled H-1B workers, the program is still in jeopardy. Now, the Biden Administration is representing the Department of Homeland Security (DHS) in defending the H-4 EAD rule...

  • Incentives: From Water Bottles To “Not So Substantial”

    For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement on the topic, this time related to incentives for COVID-19 vaccinations...

  • How Do You Define Workplace? Survey Report

    The pandemic has created an inflection point unlike any we have experienced in our lifetime — one that will redefine the workplace. Our Spring 2021 remote and return-to-the-workplace survey shares insights from more than 400 C-suite, senior human resources and legal executive respondents on what the future holds for their workplaces... Please see full Report below for more information.

  • U.S. Border Travel Restrictions Extended To June 2021

    By tweet, the Department of Homeland Security announced an extension of the travel restrictions at the Northern and Southern land and sea borders until June 21, 2021. These borders have been closed to “non-essential” travel since March 2020 due to COVID-19. According to the restrictions:...

  • New Illinois Law Allows Prejudgment Interest On Damages In Certain Lawsuits

    An amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of six percent will begin to accrue on the date the action is filed. Prejudgment interest does not apply to punitive damages, sanctions, statutory attorney’s fees, and statutory costs...

  • EEOC Updates Its Guidance On Vaccine Mandates, Incentives, Confidentiality

    In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...

  • The California Department Of Public Health Provides Details On California Reopening

    As the June 15th reopening date approaches, the California Department of Public Health (CDPH) issued a statement describing significantly reduced COVID-19 restrictions. The CDPH statement confirms all sectors listed in the current California Blueprint for a Safer Economy may return to usual operations based on several general public health recommendations...

  • ICE Announces I-9 Flexibility Will Continue Through The Summer

    ICE announced that I-9 flexibility will be extended again – this time through the whole summer until August 31, 2021. Since March 2020, companies that have been operating remotely have been able to inspect Section 2 Form I-9 documents virtually, over video link, by fax or via email. In April 2021, the Department of Homeland Security (DHS) clarified that in-person inspection applied only to...

  • Mass Shootings: Does Cal/OSHA Have A Say?

    In the wake of recent workplace shootings, employers may be wondering if there are any specific regulations to protect employees from such events. Labor Code § 6302(h) as part of the California Occupational Safety and Health Act, excludes “any injury or illness or death caused by the commission of a Penal Code violation” from the definition of serious injury or illness, and Cal/OSHA has no...

  • Montana Makes Vaccination Status A Protected Class

    Discrimination based on vaccination status is prohibited under a new Montana law (House Bill 702). Enacted on May 7, 2021, the new law went into effect immediately...

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