Latest Updates

Do Employers Need to Pay for Short Rest Breaks?

As longtime readers of this blog know, there are some common myths regarding wage and hour issues. One of the most prevalent of these concerns rest breaks. Although many people think that workers are entitled by law to mandatory rest… more

Disproportionate Share Hospital Payments: A Minibus Rider

As a part of our ongoing blog series we have provided details on the structure, funding, and outlook of several expiring health care provisions, that we’ve referred to as the health care minibus. The minibus includes all of the health… more

California Just Banned the Box!

On October 14, Governor Brown signed AB 1008 to prohibit most public and private employers with five or more employees from asking applicants about criminal conviction histories until after a conditional offer of employment has been… more

Air Enforcement: Arkansas Department of Environmental Quality and Arkadelphia, Arkansas Asphalt Roofing Manufacturing Facility Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and Siplast, Inc. (“SI”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-077. SI is stated… more

DOT Seeks Ideas for Reducing the Burden of Transportation Regulations

The U.S. Department of Transportation ("DOT") announced this week that it is seeking public comment "on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification" as part of… more

New California Law Prohibits Inquiries Regarding Applicants’ Salary History

• New California law prohibits employers from seeking or relying on applicants’ salary history information when making hiring and compensation decisions. • The law also requires an employer to provide the pay scale for a position… more

SEC Issues Proposed Rules to Modernize and Simplify Regulation S-K

The SEC has proposed amendments to Regulation S-K and related rules and forms. The proposed amendments are based on SEC staff recommendations in a report that was required by Section 72003 of the Fixing America’s Surface Transportation… more

Trump Administration Takes Aim at ACA With AHP Executive Order

Thursday, October 12th, on the heels of the recent and repeated failures to repeal and replace the Affordable Care Act (“ACA”), President Donald Trump signed an executive order nominally aimed at increasing competition in the… more

Plaintiffs Survive Standing-Based Challenge to California Senior Notice and Financial Elder Abuse Claims

In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers. For example, in June, a California federal district court denied the insurer’s summary… more

Majority in favour of improving fairness in EU food supply chain

Initial responses to the European Commission’s public consultation on how to make the EU food supply chain fairer suggest that, bar retailers, the majority of significant stakeholders (including Member States, farmer groups… more

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers were… more

Plaintiffs’ Lawyer Predicts $1 Billion Settlement in Data Breach Case – But Where’s the “Harm”?

This week, a high profile plaintiffs’ firm (Edelson) stated that “if done right,” the data breach class actions against Equifax should yield more than $1 billion in cash going directly to more than 143 million consumers (i.e., roughly… more

Trump Administration Pulls the Plug on CSR Payments

After months of veiled threats, President Trump formally announced that his Administration will cease funding Cost-Sharing Reduction (“CSR”) payments, a key component of the Affordable Care Act (“ACA”) intended to help subsidize… more

Pennsylvania Court Holds Fiduciary Duty Exists Only Where Consumer Cedes Decision-Making Control to the Fiduciary

The Pennsylvania Supreme Court recently held in Yenchi v. Ameriprise Financial, Inc. that a financial adviser owed no fiduciary duty to a couple who purchased a life insurance policy based on the adviser’s advice where they did not… more

Alan Thicke Estate Dispute Highlights Pre-litigation Threats

Actor Alan Thicke – best known for his role on the TV show Growing Pains – passed away at the end of 2016, leaving behind a dispute between two of his sons and his third wife… more

Supreme Court to Resolve Current Split of Authority Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration Policies

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. Generally speaking, the… more

Sixth Circuit Clarifies Where To Appeal In A Transferred Case

Last month, the Sixth Circuit subtly deepened a circuit split over a significant question of appellate jurisdiction within the federal courts: When a lawsuit begins in one U.S. district court but is transferred to a second district… more

New California Law Prohibits Salary History Inquiries

On October 12, 2017, Governor Jerry Brown of California signed into law a state-wide ban on employer inquiries into an individual’s salary history. The new law (AB 168) will apply to all employers, including state and local… more

When Is Enough, Enough? Limiting Leave As A Reasonable Accommodation Under The ADA

Q: How long does an employer have to accommodate an employee’s disability in the form of a leave of absence? A: The law in most jurisdictions is unclear. In fact, in most jurisdictions, including Pennsylvania, New Jersey, and New… more

CFPB files lawsuit against debt relief companies for alleged misrepresentation of government affiliation

Last week, the CFPB filed a lawsuit in Maryland federal court against two commonly-owned debt relief companies, their affiliated payment processor, and three individual principals  for alleged violations of the Telemarketing Sales Rule… more

California Passes State-Wide Ban-the-Box Law

Seyfarth Synopsis: The California Legislature has just created yet another protected class of individuals entitled to sue employers under the Fair Employment and Housing Act… more

Drone Industry Grows, the Fight for Control of the Sky Builds

It’s now considered ‘cool’ to fly a drone whether you are doing it for your business or as a hobbyist in your own backyard. When the Federal Aviation Administration (FAA) released the final rules for small unmanned aerial systems (UAS)… more

5 New Laws: California Governor Approves Employee-Friendly Laws

The 2017 California Legislature adjourned on September 15, 2017, and resulted in more than 700 bills being sent to Governor Jerry Brown’s desk for approval. Although the deadline for the Governor to sign new bills into law does not… more

Jurisdiction and parent company liability – Court of Appeal keeps door ajar for extra-territorial human rights related claims

The Court of Appeal has handed down its judgment in a landmark case on jurisdiction and parent company liability (Lungowe and Ors. v Vedanta Resources Plc and Konkola Copper Mines Plc [2017] EWCA Civ 1528). The judgment increases the… more

Addressing the Growing Need for Senior Living Projects Through Tax-Exempt Bonds A Guide for Senior Living Facility Owners, Developers and Operators |

As the senior population continues to grow, so does the need for housing built specifically for seniors, such as multifamily senior apartments, continuing care retirement communities, independent living and assisted living facilities… more

The Supreme Court Punts on Clarifying the Computer Fraud and Abuse Act

The federal Computer Fraud and Abuse Act of 1986 (“CFAA”) has generated controversy and disagreement among courts and commentators regarding the scope of its application. The statute, 18 U.S.C. § 1030, which provides for both criminal… more

Are Your Business Deductions at Risk of Being Disallowed by the IRS?

Small businesses run on tight margins. The last thing a business owner wants is an IRS notice announcing the disallowance any of their business expense deductions. This is particularly the case for sole proprietorships who report their… more

Bankruptcy Court Grants MF Global Holdings’ Motion To Reconsider Decision To Compel Arbitration In Bermuda, But Reaches Same Result

On September 6, 2017, the Bankruptcy Court for the Southern District of New York issued the latest order in the ongoing coverage battle between MF Global Holdings (“MF Global”) and Allied World Assurance Company regarding the former’s… more

9th Edition Massachusetts State Building Code Approved With Concurrency Period

The long-awaited 9th Edition of the Massachusetts State Building Code has been approved by the Massachusetts State Board of Building Regulations and Standards and filed with the Secretary of State, to become effective on October 20… more

District Court Provides Successful Road Map for Bona Fide Error Defense

The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” 15 U.S.C. § 1692d(6). The FDCPA also includes a “bona fide error”… more

Food & Beverage Litigation Update | October 2017 #2

Chicago Repeals SSB Tax After Two Months of Enforcement - Chicago officials have voted to repeal a sugar-sweetened beverage (SSB) tax approved in November 2016 by the Cook County Board of Commissioners but delayed by a lawsuit… more

Hatch Hints At Changes To Patent Law

A Look Forward on Patent Reform, Senator Orrin Hatch, October 2, 2017 - Patent law reform legislation reminds us of a horror movie zombie: it’s never truly dead. A recent post from Utah Senator Orrin Hatch is the latest evidence… more

New California Law Bans Salary History Questions

California employers are now prohibited from asking applicants about their salary history information, including compensation and benefits. Under the new law Gov. Jerry Brown signed on Thursday, October 12, 2017, called Assembly Bill… more

“Ceasing the CSR’s: Once a Threat, Now A Promise”

Late in the evening of October 12, 2017, word leaked that the Trump Administration planned to finally carry out its threat to stop the Cost-Sharing Reduction Payments (“CSRs”) under the Affordable Care Act (“ACA”). The Administration… more

Tracking Trends in CFIUS Review Process Based on Recently Released 2015 Annual Report

Last month, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress for 2015 (the “2015 Annual Report”) and its cumulative table summarizing foreign investment activity from 2014… more

City Council Passes “Hands Off, Pants On” and Automated External Defibrillator Ordinances for Chicago Hotels

On October 11, 2017, the Chicago City Council passed the so-called "Hands Off, Pants On" Ordinance requiring Chicago hotel employers to provide all housekeepers and restroom workers who work alone with mobile notification devises or… more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the other involved a restrictive covenant… more

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency addresses… more

Sales Representative Who Was Paid $900,000 Can Still Claim Violation of Overtime Law, Says Federal Court

Under federal law, employers must pay employees time-and-a-half if they work over 40 hours in a workweek, unless the employees are exempt from the overtime law. Employers don’t usually think of an employee who takes home $900,000 in a… more

Court Responds to ‘Fishing Expedition’ by Strictly Limiting Discovery

Tingle v. Hebert, No. 15-626-JWD-EWD, 2017 U.S. Dist. LEXIS 88936 (M.D. La. June 8, 2017). In this wrongful termination case, the court partially granted the defendant’s motion to compel the production of the plaintiff’s personal… more

Bank Compels Arbitration of Overdraft Class Action

Reversing a Florida district court action, the U.S. Court of Appeals, Eleventh Circuit agreed with a national bank that a class action challenging overdraft fees should be moved to arbitration… more

Privacy Perils: Reality Check - Your Information is Not Secure

As we all know, over the past few years there have been a host of data breaches by entities that most of us expected would safeguard that information. The latest loss of roughly 150 million Americans' personal information is one of the… more

New California Law Limits Drug Manufacturer Co-Pay Cards and Other Discounts in California

In the most recent salvo by states eager to show an effort to contain prescription drug costs, California's governor has signed into law a bill that will prohibit, with some limited exceptions, pharmaceutical manufacturers from… more

FTC announces coordinated enforcement initiative with state AGs targeting student loan debt relief providers

Last Friday, as expected, the FTC announced the launch of a coordinated federal-state law enforcement initiative targeting deceptive student loan debt relief companies… more

Dieselgate: Bringing a Face to Scandal Impacting Volkswagen Owners

A Volkswagen manager pleaded guilty to conspiracy and violating the Clean Air Act and could get seven years in prison. A Volkswagen engineer who agreed to testify against the Volkswagen manager was sentenced to three years in prison… more

NAD Hangs up on Wireless Carrier’s Crowdsourced Data Claims

Declining to rely on crowdsourced data, the National Advertising Division recommended that T-Mobile USA discontinue advertising claims about the speed of its network… more

Plan Providers and Plan Sponsors Can Still Lose By Winning

The news comes trickling in for 401(k) plan providers and plan sponsors beating back class action lawsuits. Many plan providers win their case as defendants because the plan participants fail to convince a judge that the provider… more

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring… more

Fast Ferry Service to Seattle: An Encouraging First Step Toward Regional Growth

Seattle is geographically constrained by a narrow peninsula between Lake Washington and Elliott Bay. Growth can be painful when you have to fight your geography, as Seattle has done for over 100 years. However, new and significant… more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the FTC has… more

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