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#MeToo at Home and Abroad

Littler Mendelson, P.C. • July 16, 2018
The news that Harvey Weinstein was indicted on July 2 on additional criminal charges, one of which (predatory sexual assault) carries a maximum sentence of life in prison, makes clear that the #MeToo movement and its influence on the workplace and our culture will not abate any time soon.

Call Me, Maybe? Court Rules that Phone Call to OSHA Constitutes Filing of Whistleblower Complaint

Fisher Phillips • July 16, 2018
It might sound crazy, but the Occupational Safety and Health Administration (OSHA) may now be receiving whistleblower complaints over the phone. This follows a recent ruling from a federal court in Wisconsin, which made it easier for employees to file whistleblower complaints against their employers.

Federal Courts Signal That Denial of a Request for Indefinite Leave May Not Violate the ADA

Goldberg Segalla LLP • July 16, 2018
Under the American with Disabilities Act (ADA), certain employers are required to make a reasonable accommodation to a qualified employee who has a disability. There is a growing trend in the federal courts that requests for an indefinite amount of time off from work due to a disability do not qualify as a reasonable accommodation and that an employer who denies such a request has not violated the ADA.

Rule 23 Amendments Awaiting Congressional Review

Jackson Lewis P.C. • July 16, 2018
The final amendments to the Federal Civil Rules of Procedure, including amendments to Rule 23 class actions, are waiting for approval from Congress. The primary changes to Rule 23 affect the class action notice and settlement processes. The amendments acknowledge advancements in technology and the popularity of social media, while formalizing procedural and substantive notice and approval requirements already being employed in some federal courts.

Connecticut Supreme Court Rules that Collateral Estoppel Does Not Bar a Statutory Claim Brought Before the Workers' Compensation Commission Despite Prior Arbitration of the Similar Claim

Goldberg Segalla LLP • July 16, 2018
The Connecticut Supreme Court is permitting a city worker in New Haven, Connecticut, to pursue a claim for retaliation before the Workers’ Compensation Commission. The city had previously fired the worker on the grounds that the worker had committed workers’ compensation fraud.

November 2018 Ballot Question Seeks to Impose Registered Nurse-to-Patient Ratio Limits on Massachusetts Health Care Facilities

Jackson Lewis P.C. • July 16, 2018
The Massachusetts Supreme Judicial Court (SJC), the state’s highest court, has held that an Initiative Petition (Initiative Petition 17-07) seeking to create a new law (“The Patient Safety Act”) that would dictate to hospitals and acute care units in state-operated health care facilities the number of patients that may be assigned to a registered nurse is constitutional and could be placed on the November ballot if a sufficient number of supporting signatures were submitted to the Secretary of the Commonwealth by July 3. Supporters of the Initiative Petition submitted the required number of signatures by July 3, so it will be placed on the November ballot as Question #1.
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