OCTOBER 3, 2018
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Labor & Employment News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

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Jackson Lews
In a matter of first impression before the Eleventh Circuit Court of Appeals, and an issue left open by the U.S. Supreme Court, the Eleventh Circuit has ruled that who decides whether an action can be litigated as a class in arbitration is an issue of “arbitrability” and those are all to be decided by the court in the absence of terms of the arbitration agreement that evince a “clear and unmistakable intent” to overcome that default presumption. JPay, Inc. v. Kobel, No. 17-13611 (11th Cir. Sept. 19, 2018).  More on Arbitration Agreements Here >
One of the most common challenges facing employers in Illinois workers’ compensation claims is preventing or minimizing exposure for disability benefits while an employee is recuperating from a work related injury. If the employee has a complete work restriction, temporary total disability (TTD) is owed under 820 ILCS 305/8(b). If the employee has light duty restrictions, the employer can avoid having to pay TTD by offering light duty work within the restrictions.   More on ADA Here>
This month, a federal court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a preemployment drug test. Although the decision – Noffsinger v. SSC Niantic Operating Company, LLC, d/b/a Bride Brook Nursing & Rehab Center – has immediate implications for Connecticut employers, it has long-term implications for employers operating in states with medical marijuana laws like New York and New Jersey.    More on Medical Marijuana Drug Testing Here >
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