Jackson Lewis P.C.

Focused on labor and employment law since 1958, Jackson Lewis P.C.’s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee.

Jackson Lewis P.C. Blogs

Affirmative Action & OFCCP Law Advisor

Benefits Law Advisor

California Workplace Law Blog

Collegiate & Professional Sports Law Blog

Data Intelligence Reporter

Disability, Leave & Health Management Blog

Drug and Alcohol Testing Law Advisor

Employment Class and Collective Action Update

Employment Trial Report

EPL Risk Mitigation Blog

Healthcare Workplace Update

Immigration Blog

Labor & Collective Bargaining

Non-Compete and Trade Secrets Report

OSHA Law Blog

Pay Equity Advisor Blog

The Corporate Compliance and White Collar Advisor

Wage & Hour Law Update

Workplace Privacy, Data Management & Security Report

Latest from Jackson Lewis P.C.

Wage & Hour Law Update

New Jersey Independent Contractor Bill Based on “ABC” Test Has Failed – For Now

By David M. Walsh

January 23, 2020

On January 14, 2020, the latest session of the New Jersey legislature ended and, with it, so did Senate Bill (SB) 4204. The bill, which in many respects mirrored California’s recently-enacted Assembly Bill (AB) 5, sought to codify the “ABC test” as the proper method for determining whether an individual should be classified as an independent contractor or as an employee for purposes of wage claims and unemployment compensation under state law. However, by ending…

Wage & Hour Law Update

Minnesota Supreme Court Holds Minneapolis Minimum Wage Ordinance to Be Lawful

By Lee A. Lastovich & Gina K. Janeiro

January 23, 2020

The Minnesota Supreme Court, the state’s highest appellate court, has upheld a minimum wage ordinance enacted by the City of Minneapolis in 2017, providing for a higher minimum wage than that provided by state law. Graco, Inc. v. City of Minneapolis, 2020 Minn. App. LEXIS 12 (Minn. Jan. 20, 2020). In June 2017, the Minneapolis City Council enacted that Municipal Minimum Wage Ordinance, providing for higher minimum wage rates for hours worked by employees within…

Immigration Blog

Travel Ban Update

By Michael H. Neifach

January 22, 2020

President Donald Trump, while at the World Economic Forum Annual Meeting in Davos, Switzerland, announced that he planned to add countries to the Travel Ban which currently denies entry to certain individuals from Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. While he did not enumerate the countries, it has been reported that they include Belarus, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania. The ban apparently would not be a blanket ban. It…

OSHA Law Blog

Employers Consent to Cal/OSHA Inspection Deemed Voluntary Despite a Cavalcade of California Officials Descending on the Workplace

By Tressi L. Cordaro

January 22, 2020

Disability, Leave & Health Management Blog

New Jersey Enacts Leave for Organ and Bone Marrow Donors

By James M. McDonnell & Justin B. Cutlip

January 22, 2020

New Jersey has amended its Temporary Disability Benefits Law (TDB) to provide job-protected leave during “a period of disability” resulting from the donation of any organ or bone marrow. The new law will take effect on May 20, 2020. Although the Legislature acknowledged that the TDB does not expressly guarantee job security, it decided to amend the law to provide employees job security only when the disability is due to the donation of any organ…

California Workplace Law Blog

Employers Consent to Cal/OSHA Inspection Deemed Voluntary Despite a Cavalcade of California Officials Descending on the Workplace

By Tressi L. Cordaro

January 22, 2020

Recently, the California Court of Appeal reviewed an appeal regarding citations issued against a sheet metal company, Nolte Sheet Metal in Nolte Sheet Metal, Inc. v. Occupational Safety and Health Appeals Board. One of the issues presented was whether Nolte freely and voluntarily consented to a Cal/OSHA inspection. Under the California Labor Code, Cal/OSHA is permitted to investigate and inspect any workplace after presenting appropriate credentials to the employer. If an employer refuses inspection, Cal/OSHA…

Labor & Collective Bargaining

Unions Urge Board to Reconsider its Decision to Overrule Purple Communications on Ethics Grounds

By Chelsea L. Hartnett, Howard M. Bloom & Jonathan J. Spitz

January 22, 2020

Two unions are alleging a conflict of interest involving National Labor Relations Board (NLRB) Member William Emanuel should invalidate the NLRB’s recent decision in Caesars Entertainment Corp. d/b/a Rio All-Suites, 368 NLRB No. 143 (2019), in which the Board overruled Purple Communications, Inc., 361 NLRB 1050 (2014). Caesars Entertainment held that employees do not have a statutory right to use company email for union or other protected activity. At the time Caesars Entertainment was decided,…

Disability, Leave & Health Management Blog

New Jersey Department of Labor Issues Final Earn Sick Leave Law Regulations

By James M. McDonnell & Justin B. Cutlip

January 22, 2020

The New Jersey Department of Labor and Workforce Development (NJDOL) has issued final regulations on the New Jersey Earned Sick Leave Law (ESLL), ending more than a year’s anticipation following the close of the proposed regulations’ comment period in 2018. Though short on substantive changes, an extensive comment-and-response section provides more guidance to the NJDOL’s interpretation and enforcement of the ESLL. Significantly, it discusses the ESLL’s interplay with collective bargaining agreements (CBAs), existing paid time off…

Immigration Blog

What to Expect in 2020 for Foreign Nationals Seeking New, Renewed Driver’s Licenses

By Maggie Murphy

January 22, 2020

Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey are just joining the list that includes California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Oregon, Nevada, Utah, Vermont, Washington, and the District of Columbia. The trend is continuing in other states. Following passage of the New York “Green Light” bill, the Trump Administration has decided to conduct…

Employment Trial Report

Establishing Judicial Estoppel Defense Against Bankruptcy Plaintiff Just Became Harder

By Madonna M. Snowden

January 21, 2020

Establishing the judicial estoppel defense against a bankrupt plaintiff will be harder in the Eleventh Circuit following Smith v. Haynes & Haynes P.C., 940 F.3d 635 (11th Cir. 2019). Judicial estoppel is a legal defense used for early dismissal of cases against bankrupt plaintiffs. In a bankruptcy, judicial estoppel applies if a debtor plaintiff omits any claim that the plaintiff knew of at the time of filing for bankruptcy or learned of while the bankruptcy…

Jackson Lewis P.C.

Jackson Lewis P.C. Blogs

Blog Authors

New Jersey Independent Contractor Bill Based on “ABC” Test Has Failed – For Now

Minnesota Supreme Court Holds Minneapolis Minimum Wage Ordinance to Be Lawful

Travel Ban Update

Employers Consent to Cal/OSHA Inspection Deemed Voluntary Despite a Cavalcade of California Officials Descending on the Workplace

New Jersey Enacts Leave for Organ and Bone Marrow Donors

Employers Consent to Cal/OSHA Inspection Deemed Voluntary Despite a Cavalcade of California Officials Descending on the Workplace

Unions Urge Board to Reconsider its Decision to Overrule Purple Communications on Ethics Grounds

New Jersey Department of Labor Issues Final Earn Sick Leave Law Regulations

What to Expect in 2020 for Foreign Nationals Seeking New, Renewed Driver’s Licenses

Establishing Judicial Estoppel Defense Against Bankruptcy Plaintiff Just Became Harder

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