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U.S. Supreme Court Rules on Narrow Jurisdictional Question in Fractured Opinion

In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of...more

New Washington Law Regulates Warehouse Distribution Center Worker Quotas

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024....more

Distribution Centers Should Brace for Restrictions on Their Use of Production Quotas

Warehouse distribution centers should prepare for increased regulation over their use of employee production quotas. Many employers use quotas to monitor employee performance and set minimum standards for productivity. The...more

[Event] Workplace Law Symposium: The Year Ahead - February 21st, Raleigh, NC

Jackson Lewis P.C. attorneys are pleased to welcome you back in–person after meeting virtually over the past two years. Our annual program will explore the challenging and dynamic workplace law landscape in 2023 and beyond....more

Why Pay Equity Matters for Manufacturers and How Manufacturers Can Proactively Reduce Risk

Pay equity is a critical issue for employers — and it should be top of mind for those in the manufacturing industry. A number of states enacted laws designed to strengthen equal pay protections and improve pay...more

Federal Contracts and Vaccine Mandates: A New Order [Audio]

Federal contractors and subcontractors recently received guidance from the Safer Federal Workforce Task Force when applying President Biden’s Executive Order Ensuring Adequate COVID Safety Protocols. On this episode, we...more

Recent Senate Confirmations Cement Democrat Control Of NLRB

The Senate confirmed two union lawyers – David Prouty and Gwynne Wilcox – to seats on the National Labor Relations Board (NLRB) on July 28, 2021, ensuring a Democratic majority for the first time in almost four years...more

NLRB General Counsel Seeks To Limit Use Of Investigative Subpoenas In Unfair Labor Practice Investigations

The National Labor Relations Board’s Office of General Counsel is urging Regional Directors to limit their use of investigative subpoenas and instead issue complaints “based on the evidence available,” according to a March...more

Human Resources Employee Permitted To Pursue Discharge Claim

Rather than conduct in breach of an inherent duty of loyalty to the employer, the Eleventh Circuit Court of Appeals has ruled that a human resources representative engaged in protected activity under Title VII of the Civil...more

Washington Law Limits Employer’s Right to Plaintiff’s Medical Records in Discrimination Cases

Effective June 7, 2018, employers defending claims brought under Washington’s Law Against Discrimination face a very constricted ability to be entitled to obtain a plaintiff’s medical records only if the plaintiff: (1)...more

New Maryland Law Prohibits Arbitration Agreements For Sexual Harassment Claims, Requires Reporting Of Sexual Harassment...

Recently, Maryland’s Governor signed the “Disclosing Sexual Harassment in the Workplace Act,” becoming the most recent state to enact tougher sexual harassment laws in the wake of the #MeToo movement. The Act, which will go...more

NLRB GC: Participating In Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board...more

Employee’s Improper Access To Secured Area Outweighs Right To Engage In Concerted Activity, NLRB Finds

The National Labor Relations Board has held that an employee lost the protection of the National Labor Relations Act when he improperly accessed a secure area of the employer’s hotel, even though he did so in order to engage...more

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Ninth Circuit Confirms Prior Salary Can Be A Legitimate Factor Other Than Sex Under Federal Law

Relying on salary history to justify differences in employee pay can be a valid defense under the Equal Pay Act, according to a recent decision by the United States Court of Appeals for the Ninth Circuit. Rizo v. Yovino,...more

Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of...

Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of...more

Federal Appeals Court Upholds Dismissal of Public Employee For Failing Random Drug Test

The Unified Government of Wyandotte County/Kansas City, Kansas did not violate a public employee’s Fourth Amendment rights by requiring the employee to submit to a random drug test or by terminating his employment when he...more

Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit....more

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