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.

Latest from Jackson Lewis P.C.

Collegiate & Professional Sports Law Blog

State Name, Image, and Likeness Laws With July 1st Effective Dates Continue To Grow

By Gregg E. Clifton & John G. Long

May 7, 2021

The race to enact Name, Image and Likeness (NIL) legislation moves forward on a state-by-state basis while the NCAA continues to hold its promised formal NIL legislation in abeyance while awaiting one of several federal legislative proposals to move forward. While the number of states that have either introduced legislation or passed formal NIL laws grows at a rapid pace, Georgia has now joined Florida, Alabama, New Mexico and Mississippi by enacting a name, image…

Immigration Blog

Dreamers Bills Under Congressional Consideration

By Alondra M. Bribiesca

May 7, 2021

President Joe Biden’s American Citizenship Act of 2021, introduced in Congress in February, would provide large-scale immigration reform. But it will be difficult to pass such a comprehensive bill. The last time comprehensive immigration reform made it through Congress was in 1986, during the Reagan Administration (although another, smaller bill passed in 1990, during the Bush Administration). Given that outlook, the administration has developed a “multiple trains” strategy – prioritizing certain pieces to move through …

Workplace Privacy, Data Management & Security Report

Data Protection and the Role of Vendor Management

By Mary T. Costigan

May 6, 2021

The SolarWinds hack highlights the critical need for organizations of all sizes to include cyber supply chain risk management as part of their information security program. It is also a reminder that privacy and security risks to an organization’s data can come from various vectors, including third party vendors and services providers. By way of example, the Pennsylvania Department of Health recently announced a data security incident involving a third-party vendor engaged to provide COVID-19…

Wage & Hour Law Update

Commute Time Is Compensable Only When “Integral and Indispensable” to Employee’s Duties, Fifth Circuit Reaffirms

By Susan Fahey Desmond

May 6, 2021

Upholding the trial court’s dismissal of an FLSA collective action, the Fifth Circuit Court of Appeals reiterated that an employee’s commute time is compensable only when the commute is “integral and indispensable” to the employee’s job duties. Bennett v. McDermott Int’l, Inc., 2021 U.S. App. Lexis 10948 (5th Cir. Apr. 16, 2021). The Fifth Circuit has jurisdiction over the federal courts in Texas, Mississippi, and Louisiana. The plaintiff-employees and their putative class members were employed…

Drug and Alcohol Testing Law Advisor

Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022

By Kathryn J. Russo

May 6, 2021

The city of Philadelphia, PA. has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022. The new Chapter 9-4700 of the Philadelphia Code states that except as otherwise provided by law, or as provided in the exceptions (listed below) that it is unlawful for an employer, labor organization, employment agency or agent thereof to require a prospective employee to submit to marijuana testing as a condition…

Litigators at Work

Amendment to Florida Rules Increases Likelihood of Summary Judgment in State Court

By M. Megan Coughlin & Benjamin D. Sharkey

May 6, 2021

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The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), and Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986). Summary judgement is the procedural mechanism whereby lawsuits may be disposed of prior to a trial if the judge…

Immigration Blog

No-Match Letters Discontinued

By Michael H. Neifach & Amy L. Peck

May 6, 2021

The Social Security Administration (SSA) has stated that it has discontinued mailing No-Match letters (also known as EDCOR notifications) to employers. SSA stated that it plans to focus instead on making it easier for employers to fix errors electronically through its Business Services Online Portal. Immigration advocates and many employers welcomed the announcement, particularly as businesses begin rehiring employees who may have been terminated over the past year due to the COVID-19 pandemic. No-Match…

California Workplace Law Blog

California’s Paid Family Leave Program – What Employers Need to Know

By Erika M. Barbara

May 6, 2021

Recently, the Biden administration announced plans for a federal paid family leave program – something that has been available to California employees for over a decade. California’s Paid Family Leave (“PFL”) program, which is administered by the California Employment Development Department (“EDD”), provides eligible employees with up to 8 weeks of wage replacement benefits when an employee is off work for certain qualifying reasons. PFL Benefits The PFL program provides wage replacement benefits to eligible…

Drug and Alcohol Testing Law Advisor

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

By Stacey J. Lococo

May 5, 2021

A federal court in California dismissed the disability discrimination claims of a job applicant who failed a pre-employment drug test due to medical marijuana use, holding that he did not sufficiently prove that he was disabled. More specifically, the court concluded that the applicant’s “subjective belief” that he suffered from “chronic back pain” was insufficient to establish that he was disabled for purposes of the California Fair Employment and Housing Act (“FEHA”) where he failed…

Litigators at Work

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

By Stacey J. Lococo & Kathryn J. Russo

May 5, 2021

Jackson Lewis P.C.

Jackson Lewis P.C. Blogs

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State Name, Image, and Likeness Laws With July 1st Effective Dates Continue To Grow

Dreamers Bills Under Congressional Consideration

Data Protection and the Role of Vendor Management

Commute Time Is Compensable Only When “Integral and Indispensable” to Employee’s Duties, Fifth Circuit Reaffirms

Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022

Amendment to Florida Rules Increases Likelihood of Summary Judgment in State Court

No-Match Letters Discontinued

California’s Paid Family Leave Program – What Employers Need to Know

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

California Court Upholds Employer’s Refusal To Hire Applicant Who Failed Pre-Employment Drug Test Due To Medical Marijuana Use

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