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Appeal of DOL Final Overtime Rule Won’t Be Heard Until At Least The Summer

Jackson Lewis P.C. • April 21, 2017
The Fifth Circuit granted the government’s request for additional time to file its final reply brief in the pending appeal of a nationwide injunction issued by a Texas District Court Judge, blocking the DOL’s controversial overtime rule raising the required salary level for the white collar exemptions.

EEOC and Orion Energy Systems, Inc. Settle Wellness Case

Jackson Lewis P.C. • April 21, 2017
On April 5, 2017 the Equal Employment Opportunity Commission (EEOC) announced that it had reached a settlement with Orion Energy Systems, Inc. (Orion) relating to the EEOC’s claims that Orion’s wellness program violated the American with Disabilities Act (ADA) because participation was involuntary, and that Orion retaliated against an employee who objected to the program. See https://www.eeoc.gov/eeoc/newsroom/release/4-5-17a.cfm.

Small Healthcare Provider Pays $31,000 for Failing to Have a Business Associate Agreement With File Storage Vendor

Jackson Lewis P.C. • April 21, 2017
Disclosing protected health information (PHI) to a business associate without a compliant business associate agreement (BAA) is an improper disclosure under the HIPAA privacy and security regulations. According to the HHS Office for Civil Rights (OCR), an error like that can cost a small healthcare provider $31,000.

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

FordHarrison LLP • April 21, 2017
Executive Summary: In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In subsequent cases dealing with the Bowman exception, the Court has consistently characterized such exceptions as “narrow.” In its recent opinion in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., a case handled by FordHarrison attorneys, the Court again limited the ability of plaintiffs to rely on Bowman to bring a wrongful discharge claim.

What Factors Determine Whether California Law Applies to Nonresidents?

Fisher Phillips • April 21, 2017
In deciding whether California's overtime laws apply to nonresident employees who spend full days or weeks working in the state, the California Supreme Court has previously held that the state's labor code applies to overtime work "performed in California." By focusing on the location of the work performed, the Supreme Court signaled the state's strong interest in enforcing its overtime laws for work performed within its borders without regard to either party's residence as controlling factors.

California OSHA Delays Enforcement of Construction Silica Standard

Jackson Lewis P.C. • April 21, 2017
On April 19, 2017, the Department of Industrial Relations for the State of California issued an important update to Cal/OSHA’s new Respirable Crystalline Silica Standard for Construction. The standard is substantially similar to Federal OSHA’s new rules for silica. The new standard is found under Title 8 section 1532.3 of the California Code of Regulations and like the federal rule was set to go into effect on June 23, 2017.
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