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Home > 2022 > August > Archives for 30th

Archives for August 30, 2022

Gavin Alexander Discusses the Importance of Addressing Mental Health for Legal Professionals

Posted: August 30, 2022 | Jackson Lewis Category: Law Firm News

Gavin Alexander discusses the importance of acknowledging and addressing mental health issues among legal professionals in “Big Law Has a Mental Health Problem. Why Lawyers Are Now Opening Up About Depression and Suicide,” published by Business Insider.

Donald Sullivan Authors “California Passes Legislation to Expand Retirement Plan Mandate”

Posted: August 30, 2022 | Jackson Lewis Category: Law Firm News

Donald Sullivan authors “California Passes Legislation to Expand Retirement Plan Mandate,” published by SHRM.

Michelle Phillips Comments on 4th Circuit’s Ruling on Gender Dysphoria

Posted: August 30, 2022 | Jackson Lewis Category: Law Firm News

Michelle Phillips comments on a ruling from the US Court of Appeals for the Fourth Circuit that found gender dysphoria qualifies as a disability under the Americans with Disabilities Act (ADA) in “Gender dysphoria qualifies as a disability under ADA, rules Fourth Circuit Court,” published by HR Brew.

David McLaughlin Discusses Joining Jackson Lewis in Silicon Valley

Posted: August 30, 2022 | Jackson Lewis Category: Law Firm News

David McLaughlin discusses what drew him to join Jackson Lewis as a principal in the Silicon Valley office in “Employment Boss Joins Jackson Lewis In California,” published by Law360.

Nationwide Injunction Against Federal Contractor COVID-19 Vaccine Mandate Overturned

Posted: August 30, 2022 | Jackson Lewis Category: HR - COVID, Coronavirus

The U.S. Court of Appeals for the Eleventh Circuit has issued its Order overturning the nationwide injunction issued by the U.S. District Court for the Southern District of Georgia in Georgia v. Biden against the federal contractor COVID-19 vaccine mandate, but keeping the injunction in place for the plaintiff parties.

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

Posted: August 30, 2022 | Jackson Lewis Category: FLSA - General

For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL) or through a lawsuit filed by the individual, in which a court of competent jurisdiction enters a stipulated judgment, after reviewing the proposed settlement for fairness. 

FordHarrison Grows Quickly with Four Attorneys in Orlando Office

Posted: August 30, 2022 | Ford Harrison Category: Law Firm News

FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Shannon L. Kelly, Mark E. Levitt and Marc A. Sugerman from Allen Norton & Blue, P.A. have joined the firm’s Orlando office as Partner. Also, Howard (Howie) M. Waldman from Allen Norton & Blue, P.A. has joined the Orlando office as Senior Associate.

Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration Policies

Posted: August 30, 2022 | Ford Harrison Category: Texas

Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger Restaurants LLC. The lengthy timeline of this case, summarized below, demonstrates the risk of placing binding arbitration agreements within nonbinding documents, which may lead to lengthy court challenges regarding the enforceability of an arbitration clause before any resolution of the underlying dispute.

Did A Federal Court Ruling Open the Door to Challenge DLSE Opinion Letters?

Posted: August 30, 2022 | CDF Labor Law LLP Category: California - General

The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California employers to more easily challenge unfavorable DLSE opinion letters in court in the future.

Last week, the Fifth Circuit ruled that opinions issued by the United States Department of Labor in response to employers’ questions about their legal opinions can be reviewed in court. The court struck down a DOL advisory opinion that improperly concluded that people who install tracking software on their phones in exchange for an ownership stake in the company were not “working owners” eligible to participate in an insurance plan regulated by federal law. The court agreed with a Texas federal court’s determination that federal benefits law covered this scheme, ruling that the DOL had arbitrarily found the plan to be exempt.

Massachusetts Driver’s Licenses for Undocumented Immigrants to be Question for Voters?

Posted: August 30, 2022 | Jackson Lewis Category: Massachusetts - General

Voters in Massachusetts may be asked whether to repeal state law granting standard Massachusetts driver’s licenses to undocumented immigrants in November.

In February 2022, the Massachusetts House of Representatives passed a bill to allow undocumented immigrants to apply for standard Massachusetts driver’s licenses. The bill was then passed by the

Top Multistate Compliance Challenges as Remote Work Rises at the End of the Pandemic

Posted: August 30, 2022 | Ogletree Deakins Category: HR - COVID, Coronavirus

Multistate employers face the daunting task of keeping up with a growing patchwork of employment laws on the federal, state, and local levels. According to Ogletree Deakins’ second annual benchmarking survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, multistate compliance ranks as one of the

M.L.B. Players Association Working to Unionize the Minors

Posted: August 30, 2022 | elinfonet Category: HR Headlines Tags: New York Times

Authorization cards were sent to around 5,000 minor leaguers in hopes of creating a bargaining unit within the larger union.

Should You Tell a Prospective Employer About Your Caregiving Responsibilities?

Posted: August 30, 2022 | elinfonet Category: HR Headlines Tags: Harvard Business Review

Three strategies to help you make the judgment call.

California approves landmark bill to give fast-food workers more power

Posted: August 30, 2022 | elinfonet Category: HR Headlines Tags: The Guardian

New fast-food council will give half a million employees more power and protections, over objections of restaurant owners

Maybe You Don’t Have the Skills You Need to Manage Your Remote Workforce

Posted: August 30, 2022 | elinfonet Category: HR Headlines Tags: Inc.

Does your business have a problem with remote working? Or does your business just have a problem?

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