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Top Five Labor Law Developments for March 2018

April 16, 2018 | Legal Update Article

The National Labor Relations Board (NLRB) continued to deal with tumult over the “joint-employer” issue. On March 1, the Board asked the U.S. Court of Appeals for the D.C. Circuit to resume considering an appeal of Browning-Ferris Industries, 362 NLRB No. 186 (2015), the NLRB decision that made it easier for unions and employees to... Read More

By Jonathan J. Spitz

Labor and Preventive Practices

NLRB GC: Participating in Nationwide ‘Day Without Immigrants’ Is Protected Concerted Activity

April 10, 2018 | Legal Update Article

Participating in the February 2017 “Day Without Immigrants” demonstration was protected concerted activity, according to an August 30, 2017, advice memorandum released on March 13, 2018, by the National Labor Relations Board General Counsel’s Division of Advice. The memorandum concludes that a group of Mexican-American employees who... Read More

By Philip B. Rosen

Labor and Preventive Practices

Iowa Amends Tough Drug Testing Law to Lower Standard for Positive Alcohol Tests

April 24, 2018 | Legal Update Article

Beginning July 1, 2018, private employers in Iowa may take action based on an employee’s alcohol test result of .02 grams of alcohol per two hundred ten liters of breath. The lower standard was enacted under a 2018 amendment to the Iowa drug testing law (Iowa Code Section 730.5). Prior to the amendment, employers could not take action... Read More

By Kathryn J. Russo

Disability, Leave and Health Management

Brazilian Labor Courts Continue to Emphasize Importance of Non-Compete Clause Limitations

April 20, 2018 | Legal Update Article

A recent Brazilian labor court ruling clarified the procedural requirements for employers drafting non-compete clauses in employment agreements. Although the Brazilian Federal Constitution establishes “freedom of work,” and the Brazilian Industrial Property Law (Law 9.279/1996) prevents an employee from disclosing an employer’s... Read More

By John L. Sander

International Employment Issues

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New Jersey Legislature Passes Paid Sick Leave Bill

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New York State Budget Includes Optional Employer Payroll Tax as a Potential SALT Cap Work Around

See All Jackson Lewis in the News

Joy Chin and Eric Felsberg Discuss the Value of Using Data to Boost Business Operations

April 1, 2018 | Chief Executive

Joy Chin and Eric Felsberg comment on the business benefits of data analytics in Chief Executive Magazine's "Leveraging Business Intelligence." Read More

Jonathan Spitz Comments on the Senate Confirming John F. Ring as Chair of the NLRB

April 24, 2018 | Business Insurance

Jonathan Spitz comments on the expectations of future NLRB rulings as a result of the Senate's approval of John F. Ring as the new Chair of the NLRB in "Pro-employer bent seen with NLRB's new GOP majority," published by Business Insurance. Subscription may be required to view article Read More

Kathryn Russo Discusses Labor Secretary Acosta's Comments During Recent Congressional Hearing on Jobs Gap

April 23, 2018 | Inside OSHA Online

Kathryn Russo discusses Labor Secretary Alexander Acosta signaling a “step back” in the Trump Administration's strict zero-tolerance approach on drug use in the workplace, opening the door to a possible softening in OSHA's plans to roll back an Obama-era rule that precludes company policies, such as drug testing in "Acosta Waivers... Read More