Jackson.Lewis

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Jackson Lewis represents management exclusively in workplace law and related litigation. Republished with permission. © 2014 Jackson Lewis P.C. All rights reserved.

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Jackson Lewis P.C.

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Member for
5 years 10 months

Articles by Jackson Lewis P.C.

Hawaii Bans Non-Compete and Non-Solicit Clauses in High-Tech Employment

News Updates
July 15, 2015
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The California Occupational Safety and Health Standards Board on Feb. 20, 2015, adopted an amendment to the state Heat Illness Prevention regulation, changing the requirements for potable water, shade, cool-down periods, high-heat procedures, emergency preparedness, acclimatization, training, and heat illness prevention plans.  

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News Updates
March 6, 2015
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An employer did not violate California’s Family Rights Act (CFRA) by terminating an employee who engaged in outside employment while out on CFRA medical leave, conduct prohibited by the employer’s policy, the California Supreme Court ruled.

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News Updates
February 20, 2015

 

A newspaper misclassified its newspaper carriers as independent contractors, the Superior Court for the County of Sacramento ruled following a trial in a class action for employees’ unpaid mileage expenses under Section 2802 of the California Labor Code.

News Updates
November 28, 2014
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A university properly terminated a professor for failing to undergo a fitness-for-duty examination after he had engaged in instances of threatening behavior, the California Court of Appeal ruled, affirming a judgment in favor of the University of San Francisco on a professor’s alleged disability discrimination claims under the Fair Employment and Housing Act (FEHA). Significantly, the court ruled the university was not required to engage in an “interactive process” before requesting the examination because the professor never sought any accommodation for any disability.

News Updates
October 17, 2014
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Employers subject to California’s mandatory AB 1825 sexual harassment training requirement for supervisors will need to revise their programs to include prevention of “abusive conduct,” following an amendment (AB 2053) to California’s Fair Employment and Housing Act (FEHA).

News Updates
September 26, 2014

Whether the parties to an arbitration agreement agreed to class arbitration is a question for the arbitrator, not the trial court, the California Court of Appeal ruled, reversing an order dismissing class claims alleging violations of California’s Fair Employment and Housing Act and Unfair Competition Act.

Background

News Updates
September 12, 2014
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A clause delegating to an arbitrator the authority to decide questions of an arbitration agreement’s enforceability was not unconscionable under California law, the California Court of Appeal ruled.

News Updates
July 11, 2014
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As the days grow warmer, California employers with outdoor places of employment should think about compliance with California’s Heat Illness Prevention Regulations (Cal. Code of Regs. tit. 8, § 3395). To comply with the regulations, California employers should take four essential steps:

*Develop and implement written procedures for addressing heat illness prevention. 

*Train employees and supervisors. 

*Provide adequate water.

*Provide adequate shade.

Coverage

News Updates
June 6, 2014
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Ambiguity in settlement agreements can sabotage finality and certainty as a recent California decision shows. Where a settlement agreement is silent regarding litigation costs, an employee can obtain mandatory costs as the prevailing party under state law because the settlement proceeds constitute the required “net monetary recovery,” the California Court of Appeal ruled.

News Updates
May 23, 2014
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An employer did not violate the federal Family and Medical Leave Act (FMLA) by requiring an employee to undergo a fitness-for-duty evaluation after it had restored her to her position following a medical leave of absence for psychological issues, the California Court of Appeal ruled. Reversing a permanent injunction prohibiting the employer from requiring the evaluation, the court noted the request for an evaluation was appropriate, given the employee’s erratic conduct prior to her leave and the requirement that she carry a weapon as part of her job.
 
News Updates
May 2, 2014

Sending a former employee’s wrongful termination claim to an arbitrator, the California Court of Appeal ruled that his employment arbitration agreement was not unconscionable and deserved to be enforced. The court found that the agreement’s limitations on discovery and on “just cause” terminations, among others, were not substantively unconscionable, and so reversed a lower court order denying arbitration.

News Updates
March 28, 2014
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The California Division of Labor Standards Enforcement (DLSE) is taking aim at employers for wage theft. In the latest example of the division’s aggressive stance, it claimed Little Lopez Corporation, a janitorial services provider, owed wages to 41 current and former employees and, following an investigation, has issued citations to the company totaling $332,675.

News Updates
January 24, 2014
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