* Speaking of Chadbourne, Judge J. Paul Oetken has denied the firm’s motions to end the $100 million gender discrimination class action they’re facing. The Labor Department had excluded employees who were unable to work because their employers had no work available for them … Those provisions, which make it harder for people to qualify for benefits, say that employers may deny paid leave to a worker if they don’t have work available, and that workers … Judge Oetken decided this aspect of the Final Rule was “patently deficient” under the APA’s requirement that administrative agencies provide a reasoned basis for their interpretation of an ambiguous statutory provision, in what is known as the “second step” of analysis set forth in the Supreme Court’s landmark decision in Chevron U.S.A. Inc., v. He tries to make up for it by taking his cues from the government, regardless whether their positions are supported by the evidence or the law. He was … Judge Oetken's decision invalidated the DOL's initial rule, which precluded workers from qualifying for FFCRA benefits if their employer had no work for them to perform, finding that the DOL failed to justify its reasoning for the rule, and that there was no reason to apply this rule to only some of the qualifying reasons for FFCRA leave, as the regulations seemed to provide. Documentation Requirements. “ “The Final Rule’s definition is vastly overbroad … in that it includes employees whose roles bear no nexus whatsoever to the provision of healthcare services, except the identity of their employers, and … Trump Admin ‘Jumped the Rail’ by Adding Hurdles to COVID-19 Paid Sick Leave, Judge Rules Aaron Keller 8/3/2020 Epic Games trial reveals Apple negotiations with Netflix, Facebook and Microsoft Judge Oetken … He is the first openly gay man to be confirmed as an Article III judge Early life and education. Oetken received a B.A. § 101. Earlier today, Judge Oetken issued a decision invalidating several provisions of a Department of Labor rule implementing the paid sick leave and emergency family leave provisions of the Families First Coronavirus Response Act. … Oetken was born on October 1, 1965 in Louisville, Kentucky. Oetken struck down a provision in the rule letting some employers deny paid sick leave if the economic downturn resulted in their having no work available for affected employees. Judge Oetken’s order: Invalidated the “work-availability” requirement, allowing employees to take leave under FFCRA regardless of whether the employer has work … Although Judge J. Paul Oetken posed tough questions of both sides at a telephone hearing Tuesday, the Manhattan judge appeared skeptical of the legal merits of Labor Department restrictions that deny paid leave to low-wage health-care aides and to workers whose bosses determine there’s no work available. The DOL’s regulation Implementing a virus relief law defied the intent of Congress by excluding virtually … In a letter unsealed on Monday, Giuliani lawyers told Oetken that a covert search of his iCloud account in 2019 was illegal and urged the judge to address that issue before considering prosecutors' request to … By Charles Michael on September 30, 2013. [1] Plaintiff Island Intellectual Property, LLC alleged infringement of United States Patent Nos. Finally, the Decision addressed employee documentation requirements under the FFCRA. New York argues that the final rule provides employers … DOL’s response to the judge’s order was to: reaffirm … 8,719,157; 8,359,267; 8,712,911; and 8,150,766 (collectively, the … James Paul Oetken (/ ˈ ɛ t k ɪ n / EHT-kin; born October 1, 1965), known professionally as J. Paul Oetken, is a United States District Judge of the United States District Court for the Southern District of New York. Judge Oetken struck the “work availability” portion of the initial rule as he did not view the DOL’s justification for it sufficient, and his ruling made it appear likely that every employee subject to a stay-at-home order issued during a second wave of COVID-19 would be eligible to take leave under the Act—even if the employer’s business was forced to suspend … The Revised FFCRA Regulations: DOL’s Response to the District Court’s Order. Trump administration restrictions on which workers can access a temporary federal paid leave program are illegal and must be removed from a Labor Department rule so more employees can access emergency benefits, a Manhattan federal judge ruled.. 4. Judge Oetken vacated the portion of the rule that defined “health care provider” because he deemed it to be overbroad. Judge Oetken’s ruling came down in favor of the State of New York on all four of these legal issues, with the application of the health care exemption likely having the most applicability to clients immediately. The letter was sent Thursday, one day after Giuliani's Manhattan apartment and office were searched. On Aug. 3, 2020, U.S. District Court Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York vacated several significant portions of a Department of Labor (DOL) Final Rule which employers had been relying upon to administer employee leave requests pursuant to the Families First Coronavirus Response Act (FFCRA). Judge Oetken explained. In support of his reasoning that an employee may need to take job … U. S. District Judge J. Paul Oetken has dismissed a lawsuit filed by four states to strike down the cap on state and local tax (SALT) deductions under … from University of Iowa in 1988 and … On May 29, 2020, United States District Judge J. Paul Oetken (S.D.N.Y.) Judge Oetken struck the "work availability" rule on the grounds that the Department of Labor had provided an insufficient justification for its inclusion in the Final Rule, and characterized the USDOL's "barebones explanation for the work-availability requirement" as "patently deficient." The special master in that case, retired Judge Barbara Jones, ruled that less than 0.2% of all the Cohen documents were protected by attorney-client privilege. Judge Oetken is very pleasant and even-tempered. Previously, Oetken was the senior vice president and associate general counsel of Cablevision Systems Corporation in Bethpage, New York. Judge Oetken Rules Hyperlinking Constitutes Attribution to Source, Dismisses Defamation Suit by Sheldon Adelson. However, he has no feel for the rules of criminal procedure, the rules of evidence or criminal justice issues in general. Although judges that hear challenges to federal agencies' regulatory moves often issue sweeping nationwide injunctions once those rules are invalidated, attorneys say Judge Oetken… In an April 29 letter to U.S. District Judge J. Paul Oetken, Justice Department lawyers argued that while an in-house team would be fair, it was … I bet it was jarring for Judge Oetken, a former U.S. Supreme Court clerk, to write an opinion that breaks old-school grammar rules. Among other aspects of the final rule, Judge Oetken’s ruling states its definition of health care providers, under a provision that excludes health … The full order by Judge Oetken can be found here. granted Defendant StoneCastle’s Rule 12(b)(6) motion to dismiss for failure to claim patent eligible subject matter under 35 U.S.C. A U.S. judge on Monday voided parts of a Trump administration rule that restricted paid sick leave and emergency family leave for potentially millions of … An attorney for New York urged the court to … The judge unsealed it Tuesday afternoon. The New York Attorney General filed a suit against the DOL on April 14 th asserting that certain provisions in the Final Rule exceeded the DOL’s authority. The final rule imposes work availability requirements that unlawfully deny paid sick leave and emergency family leave to employees. Judge Oetken thus voided this portion of the Final Rule. DOL issued no press releases in response to Judge Oetken’s decision and made no public announcements about any intention to appeal the decision or to revise the rule – until it published its revised rule on September 16, 2020. J. Paul Oetken is a judge for the United States District Court for the Southern District of New York. While Rule 23(c)(4) cannot work an end-run around the requirement that there be a linkage between a class’s theory of liability and its theory of damages, or lessen the rigor of a traditional 23(b)(3) analysis, it can act as a tool that is appropriate and useful when classwide proof and predominance exist as to some, but not all issues. The special master in that case, retired Judge Barbara Jones, ruled that less than 0.2% of all the Cohen documents were protected by attorney-client privilege. The State’s Arguments. In a letter unsealed on Monday, Giuliani lawyers told Oetken that a covert search of his iCloud account in 2019 was illegal and urged the judge to address that issue before considering prosecutors’ request to … Judge Oetken granted New Yorn partial summary judgment Monday, striking down among other things the government’s sweeping definition of “health care provider. Education. For example, Judge Oetken’s analysis explained how application of the DOL’s employer-based rule could result in an English professor at a university with a medical school being exempted from FFCRA benefits, even if the professor was incapable of providing healthcare services. But, crucially, two other aspects of the original rule Oetken vacated remain in legal limbo because DOL chose to reaffirm them in its rule update, rather than conform to the judge’s decision. By striking down the definition of “health care provider” from the rule, the judge left … New York advanced four central arguments against the DOL’s final rule. The rule required employers with fewer than 500 workers (i.e., small-to-midsize business operations) to provide two weeks of paid sick leave to employees … Judge Rules On Umpire’s Lawsuit Against Major League Baseball. He was nominated by President Barack Obama in January 2011. 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