Jackson Lewis P.C.

Jackson Lewis P.C. Blogs

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What Happens Before the ICE Raid

By Enrique Alberto Maciel-Matos on August 23, 2019

ICE raids generally are the results of months (or even years) of investigation by Homeland Security Investigations (HSI). Before a “raid” is conducted, a search warrant must be issued. To obtain a search warrant, HSI must show that facts establish probable cause to believe that there are violations of federal law, i.e., the company is willfully and unlawfully employing illegal aliens. How does HSI gather the evidence it needs for the search warrant? Based primarily…

Immigration Blog

Oregon Employers Must Notify Employees of Upcoming Federal Inspections of Work Authorizations

By Amy L. Peck on August 23, 2019

The uptick in ICE investigations has Oregon requiring employers to notify employees of any upcoming investigation by a federal agency (such as a Form I-9 inspection) for records, forms, or other documentation used to verify employee identify and work authorization. Oregon follows California in taking this step. Under Oregon’s statute, SB 370 (2019), employers must, within three business days of receiving a notice of any inspection: Post the notice in a conspicuous and accessible location,…

Disability, Leave & Health Management Blog

Bernalillo County, New Mexico Adopts Paid Leave For “Any Reason” Law

By Danny W. Jarrett & Tara K. Burke on August 23, 2019

The patchwork of paid leave laws around the country is getting increasingly more intricate as local governments adopt mandatory paid time off laws. This week, Bernalillo County, New Mexico added its patch adopting the first paid time off ordinance in New Mexico. Beginning on July 1, 2020, the Employee Wellness Act will require employers within the unincorporated limits of Bernalillo County to permit most employees to accrue paid time off and use that paid time…

Workplace Privacy, Data Management & Security Report

Expansion of Technology at K-12 Schools Comes with Data Security Risks for Students and Parents

By Joseph J. Lazzarotti on August 23, 2019

A new school year is upon us and some students are already back at school. Upon their return, many students may experience new technologies and equipment rolled out by their schools districts, such as online education resources, district-provided equipment, etc. to enhance the education they provide and improve district administration. However, a recent report, “The State of K-12 Cybersecurity: 2018 Year in Review,” compiles sobering information about cybersecurity at K-12 schools. The report…

Benefits Law Advisor

Beginning in 2020, Employers May Reimburse Health Insurance Premiums as an Alternative to a Traditional Group Health Plan (Subject to Several Requirements)

By Melissa Ostrower on August 22, 2019

Many employers have contacted us over the years asking whether they may offer an “employer–payment plan” rather than offer a traditional group health insurance plan. An employer-payment plan is a type of account-based plan that provides an employee reimbursement for all or a portion of the premium expense for individual health insurance coverage or other non-employer hospital or medical insurance. Until now, the answer has generally been no. But beginning in 2020, subject to the…

EPL Risk Mitigation Blog

Manager’s Observation of Harassment Places Liability on Employer

By Timothy J. Domanick on August 22, 2019

Under generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v. Driven Fence, Inc., where an African American Plaintiff quit his job after being subjected to various racially derogatory remarks and being asked to put his head in a noose hanging from the ceiling. Although the…

OSHA Law Blog

Stricter Cal/OSHA Standard on Lead Exposure Expected in September 2020

By Trever L. Neuroth on August 21, 2019

On June 27, 2019, California Governor Newsom approved Senate Bill 83. This budget bill contained a provision setting a September 30, 2020 deadline for Cal/OSHA to adopt a revised lead exposure standard. The bill requires Cal/OSHA to “revise the lead standards for purposes of general industry safety orders and construction safety orders, consistent with scientific research and findings.” Specifically, the bill’s objective is to ensure the lead standard “protects the health and safety of…

Disability, Leave & Health Management Blog

Oregon Governor Signs Paid Family and Medical Leave Law

By Mark A. Crabtree & Daniel J. Moses on August 21, 2019

Oregon’s paid family and medical leave law was signed by Governor Kate Brown on August 9, 2019. Eligible workers will be permitted to take up to 12 weeks of paid leave under the new law beginning January 1, 2023. When the law goes into effect, Oregon will become the eighth state to adopt legislation requiring paid family and medical leave for eligible employees. Oregon’s program is the most generous and inclusive state law passed to…

Collegiate & Professional Sports Law Blog

NCAA Adds, Then Modifies, Certification Requirements for Agents

By Doriyon C. Glass on August 21, 2019

In 2018, in response to a federal investigation into alleged corruption, the NCAA established the Commission on College Basketball to fully examine critical aspects of Division I men’s basketball. Among its recommendations, the Commission said student-athletes should be permitted to declare for the NBA draft but maintain their college eligibility if not drafted. This rule modification would replace the draconian rule that required student-athletes to remove their names from consideration for the NBA draft within…

OSHA Law Blog

ACCSH September Meeting to Address Proposed Rule for Beryllium in Construction

By Tressi L. Cordaro on August 20, 2019

Last May OSHA began enforcing various provisions of the agency’s requirements of the beryllium standard. Since then, for the construction and shipyard industries, only the permissible exposure limits and short term exposure limit are being enforced until OSHA undertakes additional rulemaking for those industries. It appears OSHA is taking steps toward rulemaking and has announced that it will address a proposed rule on occupational exposure to beryllium in the construction industry at an upcoming Advisory Committee…