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High court rules equitable defenses don’t override ERISA plan terms

Ogletree Deakins
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USA
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April 18 2013

On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11-1285), deciding the issue of whether equitable

Health care case makes clear that specific contractual language is not necessary for OFCCP jurisdiction

Ogletree Deakins
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USA
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April 3 2013

Three Pittsburgh hospitals have been found to be federal subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance

Denial of access to donated sick leave program is not a failure to accommodate, New Jersey Appellate Division holds

Ogletree Deakins
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USA
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December 14 2012

In Queen v. City of Bridgeton, the Appellate Division held that an employer with no legal duty to provide paid leave does not violate the New Jersey Law Against Discrimination (NJLAD) for denying an employee’s request for the same

National Defense Authorization Act precludes OFCCP jurisdiction over TRICARE provider

Ogletree Deakins
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USA
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October 24 2012

The U.S. Department of Labor’s Administrative Review Board has found that the Office of Federal Contract Compliance Programs (OFCCP) lacks jurisdiction over Florida Hospital of Orlando, a TRICARE health services provider, based on the 2011 National Defense Authorization Act (NDAA

Alcoholic anxiety-stricken nurse states termination claim under NJLAD, New Jersey district court holds

Ogletree Deakins
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USA
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July 16 2012

In Skidmore v. Virtua Health Inc., 2012 U.S. Dist. LEXIS 86181 (D.N.J. June 21, 2012), a nurse with attendance issues related to her alcoholism and anxiety was terminated by her employer after she failed to report to work on a day when the center was short-staffed, following a trend of poor attendance

Supreme Court upholds federal health care reform

Ogletree Deakins
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USA
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June 28 2012

On June 28, 2012, the U.S. Supreme Court issued its highly-anticipated opinion deciding the constitutionality of the federal health care overhaul known as the Affordable Care Act (ACA

High Court rules pharmaceutical sales reps are exempt from FLSA's overtime requirements

Ogletree Deakins
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USA
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June 18 2012

On June 18, 2012, with Justice Samuel Alito writing for a 5-4 majority, the U.S. Supreme Court considered whether the term "outside salesman," as defined by Department of Labor (DOL) regulations, encompasses pharmaceutical sales representatives

Employer’s insistence that worker comply with attendance policy is not a failure to accommodate

Ogletree Deakins
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USA
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April 16 2012

In a case that “tests the limits of an employer’s attendance policy,” a federal appellate court recently upheld the dismissal of a lawsuit brought by a nurse who requested a waiver from her employer’s five-unplanned-absence limit

Issue: employment at-will remains a viable concept at least in Pennsylvania

Ogletree Deakins
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USA
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January 30 2012

The 3d U.S. Circuit Court of Appeals has held that a health clinic’s statements to a physician and to immigrations officials regarding the physician’s “at least three year” employment commitment did not create an employment contract that would override the doctor’s employment at will status

“Professional exemption” under NJ Wage and Hour Law applies to employees paid on an hourly basis

Ogletree Deakins
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USA
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December 15 2011

The Appellate Division recently dismissed claims by a putative class of registered nurses who were paid on an hourly basis seeking overtime compensation under the NJ Wage and Hour Law

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