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Selected items from Jackson Lewis, LLP

By Harvey Randall, Esq.

Selected items from Jackson Lewis, LLP

Source: Jackson Lewis LLP. Reproduced with permission. Copyright © 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis.com. All rights reserved.

Supreme Court Upholds Arbitration as Proper Forum for Challenges to Validity of Agreements with Arbitration Clauses

The United States Supreme Court has held that in cases arising under the Federal Arbitration Act, where a party challenges the enforceability of a contract that contains an arbitration clause, the arbitrator designated under the agreement must determine the validity of the agreement. Full Story >

Major Changes to Americans with Disabilities Act Under Consideration by Congress

Employers need to begin considering seriously the impact of a potential major expansion of employee protections under the Americans with Disabilities Act that has over 240 co-sponsors in the House. Full Story >

Employee Benefits, Benefits Litigation, and Privacy

HIPAA Enforcement Update: CMS Issues Guidance on HIPAA Security Rule Compliance Review

To assist HIPAA covered entities prepare for enforcement of potential HIPAA Security Rule violations, on February 20, 2008, the Office of E-Health Standards and Services provided guidance on the type of information that might be requested during an onsite investigation. Full Story >

Labor Updates are Available from Jackson Lewis

The attorneys of the Jackson Lewis Labor Practice Group are committed to the practice of preventive labor relations, including development of comprehensive, strategic corporate labor relations programs Full Story >

Fourth Circuit Finds Interests of Employer and Other Employees Not Trumped by Religious Accommodation

An employer is not required to completely accommodate an employee?s religious beliefs where it would create a significant negative impact on co-workers and the employer, a federal appeals court in Richmond has held. Full Story >

Formal Charge of Discrimination Not Required Where Filing Requests EEOC Action Says Supreme Court

The U.S. Supreme Court has held by a 7-2 vote that a formal "charge" of discrimination to the EEOC is not essential to satisfy regulatory requirements under the Age Discrimination in Employment Act where a filing generally alleges discriminatory acts and can be construed as a request for the agency to act. Full Story >

Supreme Court Rules Admissibility of "Me, Too" Evidence Not Susceptible to Broad Per Se Rules

Justices Found Tenth Circuit Jumped the Gun on District Court's "Me, Too" Evidentiary Order

The United States Supreme Court reversed a decision from the Tenth Circuit Court of Appeals in Denver addressing the admissibility of testimony of non-party former employees alleging discrimination by supervisors who played no role in the action challenged by the plaintiff... Full Story >

Supreme Court to Decide Enforceability of Union Agreement to Waive Employees' Court Access

The United States Supreme Court has agreed to decide whether a collective bargaining agreement's arbitration provision waiving employees' rights to file a lawsuit for a statutory employment discrimination claim is enforceable. Full Story >

The New New York State Division of Human Rights and its Accelerated Case-Handing Procedures

Best Practices for New York Employers with Discrimination Complaints

Among the many changes taking place in administrative enforcement of employment laws with which employers in New York should become familiar, those of the New York State Division of Human Rights (the "State Division") may be among the most significant. Full Story >

No Wrongful Discharge Claim for Worker with "Sympathetic Ear" For Workplace Complaints

An employee who claimed that his employer terminated him because he had a "sympathetic ear" for fellow workers' complaints could not bring a claim for wrongful termination in violation of public policy, the California Court of Appeal ruled. Full Story >

New York State's Highest Court Declines Reinterpretation of Employment At-Will Doctrine

It is well-established that an at-will employment relationship can be terminated at any time for any lawful reason. This principle did not deter five at-will employees, fired in the aftermath of a merger they allegedly were assured would not occur, from pursuing a lawsuit against their employer. Full Story >

Supreme Court Considers Whether to Allow Retaliation Claims Brought Under 19th Century Civil Rights Act

The Supreme Court heard oral arguments February 20 from an employer seeking to overturn the vast majority of federal appellate court rulings that a post Civil War-era civil rights statute prohibiting race discrimination allows claims for retaliation, even though the statute is silent on the question. Full Story >

Full post as published by New York Public Personnel Law on March 21, 2008 (boomark / email).