Jackson Lewis P.C.

Jackson Lewis P.C. Blogs

Latest from Jackson Lewis P.C.

Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

By Scott P. Jang & Samia M. Kirmani on October 18, 2019

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law go into effect on January 1, 2020. Under the new law, if an employer fails to pay fees required for the commencement or continuation of an arbitration within 30 days of the payment’s due date, the employer’s conduct is deemed a material breach…

Workplace Privacy, Data Management & Security Report

California Updates its Data Breach Notification Law

By Jerel Pacis Agatep on October 18, 2019

On February 21, 2019, California Attorney General Xavier Becerra and Assemblymember Marc Levine (D-San Rafael) announced Assembly Bill 1130 which intended to strengthen and expand California’s existing data breach notification law. On September 11, 2019, the bill passed both houses of the legislature and was presented to Governor Gavin Newsom. Last Friday, October 11, 2019, the Governor signed AB 1130, together with 6 additional California Consumer Privacy Act of 2018 (“CCPA”) related bills into …

The Corporate Compliance and White Collar Advisor

Department of Justice Guidance on Companies’ Claim of Inability to Pay Criminal Fines

By Nicholas B. McGrath & Brenna R. McLean on October 17, 2019

The Department of Justice Criminal Division has clarified its policy on the Department’s assessment of a company’s claim that it cannot afford to pay a criminal fine in a memorandum issued on October 8, 2019. Criminal Division department head Brian Benczkowski had previewed the memorandum during a speech in September. While the DOJ already permitted corporate defendants to seek reduction of criminal fines, the Benczkowski memo sets forth more specific guidelines on the factors that…

Collegiate & Professional Sports Law Blog

UPDATE: New York Student-Athlete Name, Image, and Likeness Bill Amended (Again)

By Gregg E. Clifton on October 17, 2019

New York State Senator Kevin S. Parker recently introduced his bill, the New York Collegiate Athletic Participation Compensation Act, to provide New York college student-athletes an opportunity to market their name, image, and likeness for economic benefit without affecting either their scholarship benefits or amateur status. Now, he has amended the bill a second time. Initially introduced to mirror the recently passed California Senate Bill 206 (formerly known as the Fair Pay to Play Act),…

EPL Risk Mitigation Blog

Job Descriptions Must Accurately Reflect True Job Duties

By Heather C. Hili on October 16, 2019

A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an eight-year period, most recently in 2015, and was denied each time. At issue was the job description’s requirement of walking over rough terrain, which Plaintiff could not do because she uses a walker and cannot walk in rough terrain.…

Immigration Blog

New York City Issues New Enforcement Guidance on Discrimination Based on National Origin, Immigrant Status

By Forrest G. Read IV on October 15, 2019

Please see our firm publication on New York City’s enforcement guidance on discrimination based on national origin, immigrant status here. …

Labor & Collective Bargaining

Labor Board: Unions Waived Right to Bargain Over Changes to Retiree Medical Benefits

By Kymiya St. Pierre, Howard M. Bloom & Philip B. Rosen on October 15, 2019

The National Labor Relations Board (NLRB) has held that an employer did not violate the National Labor Relations Act (NLRA) when it unilaterally changed retirees’ medical benefits without first negotiating with the unions that represented its employees. E.I. Du Pont De Nemours and Co., 368 NLRB No. 48 (Sept. 4, 2019). The NLRB found the unions waived their right to bargain over those changes. Chairman John Ring and Member Marvin Kaplan were in the majority,…

Labor & Collective Bargaining

NLRB: Wildcat Strike Loses NLRA Protection Following Employee Knowledge of Union Disavowal, Disapproval

By Amanda J. Fray, Howard M. Bloom & Philip B. Rosen on October 15, 2019

A wildcat strike was not protected by the National Labor Relations Act (NLRA) once the striking employees became aware that their union disapproved of and disavowed the strike, the National Labor Relations Board (NLRB) has ruled. CC1 Limited Partnership d/b/a Coca Cola Puerto Rico Bottlers, 368 NLRB No. 84 (Sept. 30, 2019). The employees’ continued striking, despite their union’s opposition, undermined the union’s exclusive bargaining authority and resulted in a loss of the NLRA’s protections,…

California Workplace Law Blog

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

By Scott P. Jang & Samia M. Kirmani on October 15, 2019

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles. Under Assembly Bill 51, signed by Governor Gavin Newsom on October 10, 2019, California employers might be prohibited from requiring employees to sign new mandatory arbitration agreements concerning disputes…

California Workplace Law Blog

New California Law Mandates Enhanced Lactation Accommodations and Significant New Penalties for Employer Non-Compliance

By Susan E. Groff & Jennifer S. Grock on October 14, 2019

A new California law, Senate Bill 142 (“SB 142”), effective January 1, 2020, expands on existing Labor Code requirements for employee lactation accommodations and provides significant new consequences to employers for non-compliance. Under pre-existing law (Cal. Labor Code 1030 et seq.), employers were required to make reasonable efforts to provide a private location, other than a bathroom, in close proximity to the employee’s work area, for employees to express milk in private and to provide…