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The CSB Adopts Final Accidental-Release Reporting Regulations

Ogletree Deakins • February 24, 2020
The U.S. Chemical Safety and Hazard Investigation Board (CSB) adopted regulations on February 21, 2020, under the Clean Air Act requiring the reporting of certain accidental releases. Their purpose is to enable the CSB to more quickly determine which incidents it should investigate.

U.S. Customs and Border Protection Designated ‘Security Agency’

Jackson Lewis P.C. • February 24, 2020
U.S. Customs and Border Protection (CBP), an agency with more than 60,000 employees, now shares status with the likes of the FBI and the Secret Service.

I am Eligible for FMLA Leave. Now What?

Littler Mendelson, P.C. • February 24, 2020
A few weeks back, I celebrated my one-year anniversary at Littler. You know what that means, right?

Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS

Jackson Lewis P.C. • February 24, 2020
In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding that the TCPA’s definition of Automatic Telephone Dialing System (ATDS) only includes equipment that is capable of storing or producing numbers using a “random or sequential” number generator, excluding most “smartphone age” dialers.

Treble Ahead? SJC Opinion Offers Damages Caution for Massachusetts Employers With Commissioned Employees

Ogletree Deakins • February 24, 2020
On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees. In Parker v. EnerNOC, Inc. (SJC-12703), the SJC held that (1) unpaid commissions lost as a result of retaliation are subject to trebling under the Massachusetts Payment of Wages Act (Wage Act); and (2) an employer cannot rely on a requirement of continuous employment as a contingency to pay commissions due, at least when the employer itself creates circumstances that prevent the employee from meeting the continued employment contingency.

Is “Cannabis User” the Next Protected Class in California?

Jackson Lewis P.C. • February 24, 2020
Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.

New Jersey Labor Department Issues Companies Stop-Work Orders for Wage Violations

Jackson Lewis P.C. • February 24, 2020
The New Jersey Department of Labor and Workforce Development (NJDLWD) has announced it has issued two stop-work orders related to alleged violations of state wage laws.
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