Bradley Arant Boult Cummings LLP

U.S. Supreme Court Vacates Fourth Circuit’s Decision Under the Pregnancy Discrimination Act

On Wednesday, in a 6-3 decision with Justice Breyer writing for the majority, the Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS under the Pregnancy Discrimination Act (PDA) in Young v. United…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Inside the EEOC’s guidance on pregnancy discrimination

In July 2014, the EEOC issued “Enforcement Guidance: Pregnancy Discrimination and Related Issues,” as well as “Questions and Answers and a Fact Sheet for Small Businesses.” Although the guidance is not the law, it does provide…more
| Civil Rights, Labor & Employment Law

U.S. Supreme Court Vacates Young v. UPS Finding that UPS Failed to Accommodate Lifting Restrictions of Pregnant Worker

The U.S. Supreme Court revived Peggy Young’s pregnancy discrimination claim against UPS by vacating a Fourth Circuit decision today by a 6-3 vote. Young worked as an air driver for UPS, which required her to lift up to 70…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for…more
| Labor & Employment Law, Immigration Law

Annual Report Filing Deadline in Mississippi

If you are responsible for a for-profit corporation or a limited liability company operating in the State of Mississippi, please be aware of the upcoming April 15 deadline to file your mandatory 2015 Annual Report. Failure to…more
| Business Organizations

Alabama CON Report

In this Issue: - I. Certificate of Need Program - II. Reviewability Determinations and Pending Reviewability Determinations - III. New Business - Excerpt from Certificate of Need…more
| Health

Landmark Tax Credit Scholarship Program Upheld by Alabama Supreme Court

On March 2 in an 8-1 decision, the Alabama Supreme Court upheld the constitutionality of the Alabama Accountability Act of 2013 (the “Act”) in Magee et al. v. Boyd et al. The massive 222-page opinion affirmed in part, but…more
| Civil Procedure, Constitutional Law, Education, Finance & Banking, Taxation

Federal Circuit Rolls Back Geographic Descriptiveness Rejections for Trademark Applications

I’m sure Newbridge, Ireland, is a lovely place, but most Americans haven’t heard of it. That was the spirit of the Court of Appeals for the Federal Circuit’s decision in In re Newbridge Cutlery Co., involving the trademark…more
| Communications & Media Law, Intellectual Property

The Internship 2: Now Paid? Viacom Pays Record Settlement on Intern Lawsuit

Viacom recently announced a settlement of $7.2 million dollars to end litigation by numerous unpaid interns for the Company’s television networks. In 2013, two former interns sued Viacom claiming that it violated the Fair Labor…more
| Art, Entertainment, & Sports Law, Civil Remedies, Labor & Employment Law

Department of Revenue Issues Proposed Regulation Taxing Digital Streaming Services

The Alabama Department of Revenue has issued a proposed regulation that, if finalized in its present form, would substantially expand the scope of the state and local rental tax applied to video-on-demand and other digital…more
| Communications & Media Law, Taxation

Uber, Lyft “Employee or Independent Contractor” Cases Provide Classification Lessons for All Employers

The more things change, the more they stay the same. As our “on-demand” society continues to develop and services are offered in ever new and more convenient ways, businesses must remain mindful of the traditional factors that…more
| Labor & Employment Law, Transportation

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently issued…more
| Administrative Law, Civil Procedure, Labor & Employment Law

Mississippi CON Report

In this issue: - February 2015 – Mississippi Certificate of Need Meeting - Certificate of Need Program Report – Filings/Reports Since January 2015 - A. Letters of Intent to Change Ownership - B…more
| Health

Alabama Legislator Introduces Broad Unitary Combined Reporting Bill

As part of Republican Governor Robert Bentley’s eight-bill revenue package, Representative Mike Hill (R-Columbiana) has introduced a mandatory unitary combined reporting bill (often called “MUCR”), H.B. 142, that would be…more
| Business Organizations, Elections & Politics, Taxation

Blizzards, Hurricanes, and That Dreaded TORCON Index

Many “it was the worst day of my life” stories begin with a weather event. I will never forget sitting with a client in an early April morning mediation several years ago when she received a call on her cell phone. She was told…more
| Labor & Employment Law
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