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Nadine C. AbrahamsBlog Posts

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  • Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws

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    May 13, 2022
  • Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws

    The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes of action that allow plan...
    May 12, 2022
  • 2,000 COVID-19-Related Employment Lawsuits Filed in the U.S.: An Analysis of the Data and Trends

    On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark.  Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest... Continue Reading…
    April 9, 2021
  • 2,000 COVID-19-Related Employment Lawsuits Filed in the U.S.: An Analysis of the Data and Trends

    On April 6, 2021, the total number of COVID-19-related employment complaints filed in United States courts passed the 2,000 mark.  Although it took eight months to reach the first 1,000 complaints (March–November 2020), it took less than five months to go from 1,000 to 2,000. Indeed, December 2020 through March 2021 included the four busiest...… Continue Reading
    April 9, 2021
  • EEOC: Non-U.S. Citizen Employees Working Abroad May Be Excluded from OWBPA Disclosures

    For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs. In a January 14, 2021, formal opinion letter, the Equal Employment Opportunity Commission (EEOC) clarified that non-U.S. citizen employees working abroad may be excluded from OWBPA disclosures because such...… Continue Reading
    January 24, 2021
  • Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual

    An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA), even if the safety requirement is not part of the “essential functions” of the employee’s position, the U.S. Court of Appeals for the Fourth Circuit has reaffirmed in...… Continue Reading
    January 22, 2021
  • Employment Law Developments to Monitor in 2021: COVID-19-Related Employment Litigation and Trends

    As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace.  In addition to advising and counseling clients, Jackson Lewis attorneys are handling COVID-19-related litigation matters nationwide, and are tracking COVID-19 employment litigation trends with Jackson Lewis’ interactive COVID-19 Employment LitWatch....… Continue Reading
    January 21, 2021
  • Employment Law Developments to Monitor in 2021: COVID-19-Related Employment Litigation and Trends

    As 2021 begins, Jackson Lewis continues to work with employers to help them understand, prepare for, and handle the impact of COVID-19 on the workplace.  In addition to advising and counseling clients, Jackson Lewis attorneys are handling COVID-19-related litigation matters nationwide, and are tracking COVID-19 employment litigation trends with Jackson Lewis’ interactive COVID-19 Employment LitWatch.... Continue Reading…
    January 21, 2021
  • Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing

    Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. On December 4, 2019, Governor J.B. Pritzker signed amendments to clarify workplace drug testing and other issues,...… Continue Reading
    December 13, 2019
  • Snooze and Lose: Defendants Need to Raise Plaintiffs’ Failure to File Charge Early in Litigation

    The requirement under Title VII of the Civil Rights Act that a complainant file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) prior to filing suit in federal court is a prudential, claim-processing rule that does not determine whether a court has subject-matter jurisdiction over the dispute, the U.S. Supreme Court has...… Continue Reading
    June 4, 2019