Benesch

200 Public Square Suite 2300
Cleveland, OH 44114-2309, United States

  • 216.363.4500
  • 216.363.4588

New Mandates For California Businesses

Next summer California employers will have to provide paid sick leave to most employees under a bill (A.B. 1522) signed last week by Democratic Governor Jerry Brown. The new law makes California the second state in the country,…more
| Labor & Employment Law

Certification of Cat Litter Class Action Denied For Lack of Sales Records and Uniform Exposure

Denying class certification in a kitty litter class action, the Northern District of California take a substantive step forward in aligning the District with the current trend of heightening the bar for ascertaining putative…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

From the Transportation Archives: The Perfect Storm: The Parameters of a Successful “Act Of God” Defense in Freight Claims

Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available to…more
| Commercial Law & Contracts, Maritime Law, Transportation

Ohio: Sex Offender Screening Now Required for Long Term Care Facilities

The required date for screening for sex offenders in Ohio nursing homes, licensed residential care facilities and county homes (“Homes”) has now arrived. As of September 15, 2014, these Homes are required to screen for sex…more
| Health

Lack of Ascertainability Sinks Another Weight Loss Class Action

In Karhu v. Vital Pharm., Inc., No. 13-60768-CIV (S.D. Fla. July 17, 2014), the Southern District of Florida denied a plaintiff’s request for reconsideration of the Court’s order denying class certification. In Karhu, the…more
| Civil Procedure, Communications & Media Law, Science, Computers, & Technology

EEOC Expands Pregnancy Discrimination Protections for Employees

The Equal Employment Opportunity Commission has issued guidance on pregnancy discrimination that provides, for the first time, that employers must offer light duty assignments to pregnant employees if they make light duty…more
| Civil Rights, Labor & Employment Law

Flash No. 42 FedEx Ground Drivers Found to be Employees: A Sequel To Ruiz

In a decision issued on August 27, the Ninth Circuit Federal Court of Appeals, in a case captioned Alexander v. FedEx Ground Package System, determined that FedEx Ground drivers were employees as a matter of law under…more
| Civil Procedure, Labor & Employment Law, Transportation

Ohio BWC Agrees to Settle Class Action Lawsuit for Overcharging Employers

Business owners who may be eligible to share in a $420 million class action settlement over inflated premiums charged by the Ohio Bureau of Workers’ Compensation have until Oct. 22 to submit a claim form…more
| Civil Remedies, Labor & Employment Law, Worker’s Compensation

One Of The Country’s Largest Hospital Organizations to Pay $98.15 Million Settlement on False Claims Act Allegations

On Monday, August 4, 2014, The Department of Justice announced that Community Health Systems (“CHS”) agreed to pay $98.15 million to settle nine whistleblower lawsuits alleging that the company violated the False Claims Act…more
| Civil Remedies, Labor & Employment Law, Health, Government Contracting

One Of The Country’s Largest Hospital Organizations to Pay $98.15 Million Settlement on False Claims Act Allegations

On Monday, August 4, 2014, The Department of Justice announced that Community Health Systems (“CHS”), the nation’s largest operator of acute care hospitals, agreed to pay $98.15 million to settle nine whistleblower lawsuits…more
| Health

Flash No. 41: How The NLRB and 2 All-Beef Patties Resonate with Trucking

The National Labor Relations Board (“NLRB”) General Counsel’s July 31 announcement that he will name McDonald’s U.S.A. LLC as a joint employer in dozens of unfair labor practice cases filed on behalf of employees of McDonald’s…more
| Labor & Employment Law, Franchise Law, Transportation

Nursing Home Abuse and Neglect Compliance Trails Federal Requirements

The Department of Health and Human Services Officer of Inspector General (“OIG”) released a report this month titled, “Nursing Facilities’ Compliance with Federal Regulations for Reporting Allegations of Abuse and Neglect.” The…more
| Health

4.5 Million Patients’ Information Stolen by Hackers

Community Health Systems Inc. (“CHS”), a Tennessee-based hospital provider, has reported it was the target of data hackers who were able to obtain identification information belonging to approximately 4.5 million CHS patients…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

Personal View: Union rules force changes

The National Labor Relations Board is set to make the final moves in a strategy seemingly designed to expand union representation in the private sector. Under the Obama administration, the NLRB has systematically…more
| Labor & Employment Law

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in Hiring -…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Labor & Employment Law, Intellectual Property, Transportation
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