The U.S. Supreme Court held California’s union access regulation constitutes an unconstitutional taking of an employer’s property. Cedar Point Nursery v. Hassid, 141 S.Ct. 891 (June 23, 2021).
Archives for July 19, 2021
New Hampshire has joined eight states and the District of Columbia when, on June 24, 2021, the New Hampshire Legislature passed a two-year state budget that includes a paid leave program. Governor Chris Sununu signed the budget on June 25, 2021, and coverage must be provided by January 1, 2023.
Executing a general release did not waive a former employee’s claims under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), a federal district court in Tennessee has ruled, granting summary judgment to the employee. Ward v. Shelby County, No. 2:20-cv-02407 (W.D. Tenn. June 25, 2021).
A federal contractor that could not secure extended financing and suddenly laid off its workers when it could not make payroll was not a covered “employer” under the Worker Adjustment and Retraining Notification Act (WARN Act), the U.S. Court of Appeals for the Fourth Circuit has held. Schmidt v. FCI Enters. LLC, Nos. 19-02384, 20-01076 (June 24, 2021).
Nationwide employment law firm Jackson Lewis P.C. is pleased to announce Ryan Harrison, Sr. has been appointed as a member of the California Supreme Court’s Blue Ribbon Commission on the Future of the California Bar Exam. The Blue Ribbon Commission on the Future of the California Bar Exam will develop recommendations on whether to make changes to the California Bar Exam.
Kevin Lauri, Laura Prather and Phillip Harris discuss the firm’s expanding team in Florida, including the recent addition of litigator Phillip Harris in Tampa, in “Jackson Lewis Adds New Principal In Tampa,” published by Law360.
The restaurant industry continues its slow, but steady recovery from the impacts of COVID-19. One of the most critical issues facing employers is attracting and retaining talent in the face of increasing difficulties to do so.
President Biden’s executive order on “Promoting Competition in the American Economy” arguably could have little to no immediate–or even long term impact–on physicians in the healthcare industry, as physician non-compete agreements (“NCAs”) are already subject to the strictures of state law in a purposeful manner that promotes access and continuity of care, while concomitantly preserving healthcare providers’ ability to protect their investment.
Richard Cortizas, a partner in the Corporate Practice Group in New Orleans office, and Bill Hines, managing partner of Jones Walker, were quoted in the Law360 article, “Jones Walker Appoints Corporate Partner As Diversity Chief,” about Richard’s appointment as Chief Diversity Officer of the firm.
FordHarrison was listed number ten on National Law Journal’s 2021 Women’s Scorecard, a part of the NLJ 500 firm head count report. The Women in Law Scorecard ranks the nation’s largest law firms by representation of women attorneys and we are thrilled to have been ranked in the top ten three years in a row!
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court concluded that when an employer fails to provide an employee with a compliant rest or meal break, the employee is entitled to a premium payment of one hour of pay at the employee’s “regular rate of pay,” as opposed to an hour of pay at the agreed upon base hourly or straight-time rate of pay. In doing so, the Court sought to maximize protections for employees by requiring employers to factor bonuses and other non-discretionary compensation into the break premium rate of pay. Otherwise, the Court claimed, employers would be incentivized to depress employees’ hourly wages in favor of non-hourly incentive compensation.
Remote work can lead to physical and mental fatigue, but you can take these steps to combat it.
Up to 40% of Americans experience chronic pain — and that number will continue to increase.
The stresses of the pandemic and the demands for equity have moved many independent-restaurant workers to start labor-union drives. Will they get results?