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.

Workplace Privacy, Data Management & Security Report

Want to Know if Your Employees Received the COVID-19 Vaccine? Some Best Practices to Consider

By Joseph J. Lazzarotti

January 17, 2021

While its rollout has been slow, the vaccine is being administered across the U.S. and in other countries. As of January 15, 2021, nearly 36 million doses of a COVID-19 vaccine have been administered, just over 11 million in the U.S. For a variety of reasons, organizations want to know whether their workforce members (employees, contractors, etc.) have been vaccinated. Some are trying to assess prospects for return to work, while others want to…

California Workplace Law Blog

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier Drivers

By Cary G. Palmer

January 16, 2021

The Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety. In 2018, the FMCSA determined that federal law preempts California’s meal and rest break rules for interstate motor carrier drivers who are subject to the FMCSA’s rest break regulations. The FMCSA regulations apply to commercial motor carrier drivers who operate in interstate commerce and meet other specified criteria. California’s meal and rest break…

OSHA Law Blog

New Year, New OSHA Citation Penalty Amounts

By Raymond Perez, II

January 14, 2021

After Congress passed the Federal Civil Penalties Inflation Adjustment Act Improvements Act in 2015, it has now become an annual requirement for the U.S. Department of Labor to adjust civil penalty amounts for the various laws it enforces using cost-of-living adjustments to account for inflation. According to the Act, the purpose of these annual adjustments is to improve the effectiveness of civil monetary penalties by increasing the amounts to maintain their deterrent effect. For 2021, the…

California Workplace Law Blog

California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively

By James P. Carter & Kelli M. Winkle

January 14, 2021

In Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. Superior Court (Dynamex) apply retroactively?” In 2018, the Dynamex Court concluded that under California wage orders, anyone who performs work for a business is presumed to be an employee entitled to the protections afforded by the wage orders. The Dynamex Court also held that a…

Immigration Blog

Canadian and Other Travel Restrictions During COVID-19

By Melle X. Fabian

January 14, 2021

Due to the global coronavirus (COVID-19) pandemic, land border travel between the United States and Canada has been restricted since March 21, 2020, and will likely continue through at least January 21, 2021. Individuals may not be admitted for tourism or other non-essential reasons. For the most part, work has been considered an essential activity. Until recently, however, the restrictions have not affected those flying between Canada and the U.S. Starting January 7, 2021,…

COVID-19 Workplace Law Advisor

Virginia Passes Permanent Standard on COVID-19

By Courtney M. Malveaux

January 14, 2021

The Virginia Safety and Health Codes Board enacted a Permanent Standard on COVID-19 in workplaces in a 9-4 vote on January 13, 2021. On July 15, 2020, Virginia became the first state in the nation to promulgate an Emergency Temporary Standard to address COVID-19 in workplaces. Even with vaccine deliveries on the way, Virginia has enacted a Permanent Standard for consideration by the Virginia Safety and Health Codes Board (which includes author Courtney Malveaux). To…

Benefits Law Advisor

BlackRock 401(k) Plan Class Action Headed for Trial

By Stacey C.S. Cerrone, René E. Thorne & Howard Shapiro

January 14, 2021

A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s 401(k) Plan is headed for trial after Judge Haywood S. Gilliam, Jr. denied both parties’ motions for summary judgment on January 12, 2021. Baird v. BlackRock Inst’l. Trust Co., No. 17-1892 (N.D. Cal. Jan. 12, 2021). BlackRock sought summary judgment on Plaintiffs’ claims for breaches of fiduciary duty. The court denied the motion for several reasons.…

OSHA Law Blog

Virginia Passes Permanent Standard on COVID-19

By Courtney M. Malveaux

January 14, 2021

Workplace Privacy, Data Management & Security Report

New York Could Become the Next Hotbed of Class Action Litigation Over Biometric Privacy

By Joseph J. Lazzarotti

January 14, 2021

Dubbed the “Biometric Privacy Act,” New York Assembly Bill 27 (“BPA”) is virtually identical to the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). Enacted in 2008, BIPA only recently triggered thousands of class actions in Illinois. If the BPA is enacted in New York, it likely will not take as long for litigation to begin under the new privacy law. Interestingly, late last year, Governor Cuomo signed AB A6787D which,…

Employment Class and Collective Action Update

Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions

By David R. Golder & Eric R. Magnus

January 13, 2021

The U.S. Court of Appeals for the Fifth Circuit has just issued an important decision addressing “how stringently, and how soon, district courts should enforce Section 216(b)’s ‘similarly situated’ mandate” when considering motions for certification of collective actions under the Fair Labor Standards Act (FLSA). The appeals court rejected the familiar two-step, conditional certification-followed-by-decertification approach that is common across the country in collective actions. Swales v. KLLM Transport Services, LLC, No. 19-60847 (Jan. 12,…

Jackson Lewis P.C.

Jackson Lewis P.C. Blogs

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Want to Know if Your Employees Received the COVID-19 Vaccine? Some Best Practices to Consider

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier Drivers

New Year, New OSHA Citation Penalty Amounts

California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively

Canadian and Other Travel Restrictions During COVID-19

Virginia Passes Permanent Standard on COVID-19

BlackRock 401(k) Plan Class Action Headed for Trial

Virginia Passes Permanent Standard on COVID-19

New York Could Become the Next Hotbed of Class Action Litigation Over Biometric Privacy

Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions

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