In Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. March 11, 2022), a consumer who purchased beef from retail stores filed a class action complaint against meat processors, alleging that their "Product...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Drive-Throughs ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Grocery Stores ,
Putative Class Actions ,
Sexual Harassment ,
Wage and Hour
The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more
3/26/2021
/ Airlines ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Chamber of Commerce ,
Coronavirus/COVID-19 ,
Customers ,
Health and Safety ,
Israel ,
Private Sector ,
Public Accommodation ,
Restaurant Industry ,
Retailers ,
Risk Management ,
Title III ,
Vaccinations
This week, the EEOC approved employers requiring employees to receive COVID-19 vaccination, subject to limitations. How limiting are the limitations? Case law applying them is thin, but generally treats them as narrow. In...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Covered Employees ,
Due Process ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
GINA ,
Infectious Diseases ,
OSHA ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Religious Freedom Restoration Act (RFRA) ,
Title VII ,
Vaccinations ,
Workplace Safety
In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more
10/15/2020
/ Abuse of Discretion ,
Adoption ,
Americans with Disabilities Act (ADA) ,
Child Care ,
Churches ,
Coronavirus/COVID-19 ,
Establishment Clause ,
Executive Orders ,
Free Exercise Clause ,
Free Speech ,
Governor Cuomo ,
Governor Newsom ,
Hostile Environment ,
Ministerial Exception ,
Religious Institutions ,
Remand ,
Social Distancing ,
Title VII
The fluid and fast-changing impact of the new coronavirus (COVID-19) has left institutions of higher education (IHEs) scrambling to address unexpected legal issues. This guidance addresses some of their more frequently asked...more
3/18/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Commercial Contracts ,
Contract Terms ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Educational Institutions ,
Emergency Management Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Housing Act (FHA) ,
Family and Medical Leave Act (FMLA) ,
FERPA ,
Force Majeure Clause ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
OSHA ,
PHI ,
Public Accommodation ,
Public Health ,
Quarantine ,
Reporting Requirements ,
Risk Management ,
School Closures ,
Student Privacy ,
Universities ,
Vendors ,
Workers' Compensation Claim
The U.S. Centers for Disease Control and Prevention (CDC) has issued Interim Guidance for Administrators of U.S. Institutions of Higher Education and for K-12 schools and childcare programs, asking them to collaborate and...more
3/10/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Emergency Management Plans ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Interim Guidance ,
PHI ,
Public Schools ,
State Health Departments ,
Universities
Individual Examination into Effect of Alleged False "No Artificial Flavors" Label Necessary -
In Marotto v. Kellogg Co., No. 18 Civ 3545, 2019 WL 6798290 (S.D. N.Y. Dec. 5, 2019), the court declined to certify a putative...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Equal Access to Justice Act ,
Fair Labor Standards Act (FLSA) ,
Federal Tort Claims Act (FTCA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Franchises ,
Restaurant Industry ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Wage and Hour ,
Website Accessibility
Neurosurgeons' Compensation in Top 10 Percent Nationwide Gives Rise to Stark Act and FCA Claims -
In United States ex re. Bookwalter v. UPMC, 946 F. 3d 162 (3d Cir. 2019), the court ruled that the relators stated a Stark...more
2/25/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Kickback Statute ,
Assisted Living Facilities (ALFs) ,
Centers for Medicare & Medicaid Services (CMS) ,
Diagnostic Tests ,
DMEPOS ,
Durable Medical Equipment ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Grants ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Hospitals ,
Medicare ,
Objective Falsity ,
Ownership Interest ,
Physicians ,
Protected Activity ,
Stark Law
Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim -
In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more
9/4/2019
/ Americans with Disabilities Act (ADA) ,
Catholic Church ,
Construction Project ,
Department of Labor (DOL) ,
Equal Protection ,
Federal Contractors ,
Free Exercise Clause ,
Free Speech ,
Homeless Issues ,
Human Rights Act ,
Jurisdiction ,
Municipalities ,
Public Accommodation ,
Religious Discrimination ,
Religious Exemption ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Same-Sex Marriage ,
Teachers ,
Title VII
Wage and Hour -
80/20 Rule Still Followed in Some Parts -
The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more
7/11/2019
/ Americans with Disabilities Act (ADA) ,
Auer Deference ,
Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
Department of Labor (DOL) ,
Dietary Supplements ,
Duty to Defend ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
FBI ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
GrubHub ,
Hiring & Firing ,
Liquor Control Acts ,
New Guidance ,
Price-Fixing ,
Putative Class Actions ,
Securities Litigation ,
Wage and Hour ,
Wine & Alcohol
Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more
1/4/2019
/ Americans with Disabilities Act (ADA) ,
Churches ,
Constitutional Challenges ,
Contraceptives ,
Employee Handbooks ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Federal Funding ,
First Amendment ,
Fourteenth Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Hostile Environment ,
Interim Final Rules (IFR) ,
Muslims ,
Preliminary Injunctions ,
Private Schools ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
School Districts ,
School Policies ,
Standing ,
Summary Judgment ,
Teachers ,
Title VII ,
Universities
Regulation -
FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat -
On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more
12/24/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Beverage Manufacturers ,
Biotechnology ,
Brand ,
Breweries ,
Class Action ,
Comment Period ,
Consent Agreements ,
Constitutional Challenges ,
Copyright ,
Dismissals ,
Dormant Commerce Clause ,
Due Process ,
Equal Protection ,
EU ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Intellectual Property Litigation ,
Interstate Commerce ,
Joint Statements ,
Local Ordinance ,
Misrepresentation ,
New Legislation ,
NLEA ,
Preemption ,
Public Comment ,
Putative Class Actions ,
Regulatory Oversight ,
Remand ,
Restaurant Industry ,
Reversal ,
Summary Judgment ,
Trademark Registration ,
Trademarks ,
USDA ,
Vacated ,
Website Accessibility
Regulation -
OIG Issues Advisory Opinion Addressing Eligible Managed Care Organizations' Safe Harbor -
On Oct. 11, 2018, the Office of Inspector General (OIG) for the U.S. Department of Health and Human Services (HHS)...more
12/20/2018
/ Advisory Opinions ,
Americans with Disabilities Act (ADA) ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
EPSDT ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Medicaid ,
Medical Devices ,
Medicare Advantage ,
Notice of Proposed Rulemaking (NOPR) ,
OIG ,
Protected Class ,
Remuneration ,
Safe Harbors ,
Screening Procedures ,
Telemedicine ,
Unfair or Deceptive Trade Practices
Labor and Employment -
Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation -
In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more
9/14/2018
/ Americans with Disabilities Act (ADA) ,
Beer ,
Beverage Manufacturers ,
Brand ,
Breach of Warranty ,
Comment Period ,
Department of Labor (DOL) ,
Dietary Guidelines ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Franchisee ,
Hospitality Industry ,
Injunctive Relief ,
Joint Employers ,
Legislative Agendas ,
Mayor de Blasio ,
Minimum Wage ,
Misrepresentation ,
Motion to Dismiss ,
New Rules ,
Organic ,
Over-Time ,
Product Labels ,
Proposed Rules ,
Public Comment ,
Restaurant Industry ,
Standing ,
State Taxes ,
Subpoenas ,
Summary Judgment ,
Terms and Conditions ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
Wage and Hour -
Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split -
The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more
6/12/2018
/ Age Discrimination ,
Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Baby Products ,
Banks ,
Beverage Manufacturers ,
Breweries ,
Business Torts ,
Class Action ,
Class Action Arbitration Waivers ,
Competition ,
Consumer Protection Laws ,
Cybersecurity ,
Data Breach ,
Data Security ,
Debit and Credit Card Transactions ,
Department of Labor (DOL) ,
Disability Discrimination ,
Dismissals ,
Distributors ,
Economic Loss Doctrine ,
Epic Systems Corp v Lewis ,
Equal Employment Opportunity Commission (EEOC) ,
Failure To State A Claim ,
Fair Labor Standards Act (FLSA) ,
False Advertising ,
False Statements ,
Federal Arbitration Act ,
Financial Institutions ,
Food Labeling ,
Food Manufacturers ,
Former Employee ,
FTC Act ,
Grocery Stores ,
Hackers ,
Hiring & Firing ,
Lanham Act ,
Menu-Labeling ,
Misleading Statements ,
Negligence ,
Nutrition Facts Labels ,
Organic ,
Over-Time ,
Personal Information Protection Act ,
Personally Identifiable Information ,
Popular ,
Preemption ,
Product Packaging ,
Putative Class Actions ,
Reasonable Accommodation ,
Regulatory Agenda ,
Remand ,
Restaurant Industry ,
Retailers ,
Reversal ,
Rulemaking Process ,
Savings Clause ,
SCOTUS ,
Standing ,
State Law Claims ,
Summary Judgment ,
Unfair or Deceptive Trade Practices ,
USDA ,
Wage and Hour
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
6/8/2018
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Appeals ,
Churches ,
Colleges ,
Defamation ,
Dismissals ,
Equal Employment Opportunity Commission (EEOC) ,
Establishment Clause ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Funeral Homes ,
Hiring & Firing ,
Historic Preservation ,
Hospitals ,
LGBTQ ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Minimum Wage ,
New Rules ,
Preliminary Injunctions ,
Priests ,
Private Sector ,
Property Owners ,
Public Accommodation ,
Public Funds ,
Race Discrimination ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Restaurant Industry ,
Retaliation ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Sex Discrimination ,
Sexual Stereotyping ,
Summary Judgment ,
Teachers ,
Title VII ,
Transgender ,
Trump Administration ,
Trustees ,
Trusts ,
Universities ,
Unpaid Wages ,
Wage and Hour ,
Writ of Prohibition
Wage and Hour -
Tenth Circuit Aligns with Cumbie on Tip Credits -
In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more
8/11/2017
/ Alcohol Beverage Control ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Disability Discrimination ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evaporated Cane Juice ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Joint Employers ,
Likelihood of Confusion ,
Medical Marijuana ,
NLRA ,
NLRB ,
Pattern or Practice ,
Reasonable Accommodation ,
Restaurant Industry ,
Staffing Agencies ,
Standing ,
Tip Credit ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
Unions ,
Wage and Hour
Legalized Drug Use Impacts the Food and Beverage Industry -
In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more
3/15/2017
/ Affordable Care Act ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Breach of Contract ,
City of Los Angeles ,
Colombia ,
Comment Period ,
Criminal Background Checks ,
Dunkin' Donuts ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Form 1095 ,
Franchise Agreements ,
Hiring & Firing ,
Intellectual Property Protection ,
Interference Claims ,
IRS ,
Logos ,
Marijuana ,
Medical Marijuana ,
Misleading Statements ,
New Legislation ,
Reporting Requirements ,
Restaurant Industry ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Unfair Competition
Overtime Rules Enjoined Nationwide -
In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more
12/6/2016
/ American Express ,
Americans with Disabilities Act (ADA) ,
Anti-Steering Rules ,
Antitrust Provisions ,
Beverage Manufacturers ,
Credit Cards ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Farms ,
Final Rules ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Forum Selection ,
Franchisors ,
Local Ordinance ,
Minimum Salary ,
Non-Exempt Employees ,
Nutrition Facts Labels ,
Over-Time ,
Preliminary Injunctions ,
Regulatory Oversight ,
Tax Rates ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
White-Collar Exemptions
Labor and Employment -
Plaintiff Wage and Hour Lawsuits Continue to Climb -
Wage and hour litigation has become what some call the new "workplace revolution." Data from the Federal Judicial Center indicates that...more
10/29/2015
/ Alcohol Beverage Control ,
All Natural ,
Americans with Disabilities Act (ADA) ,
Antitrust Litigation ,
Arbitration ,
Beer ,
Breweries ,
Browning-Ferris Industries of California Inc. ,
Child Labor ,
Class Action ,
Commercial Loans ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Forced Labor ,
Franchisee ,
Franchises ,
Franchisors ,
General Mills ,
GMO ,
Hersheys ,
Joint Employers ,
Minimum Wage ,
NERA ,
New Guidance ,
NLRB ,
Plastic Bag Bans ,
Point of Sale Terminals ,
Posting Requirements ,
Price-Fixing ,
Red Bull ,
Restaurant Industry ,
SBA ,
Seafood ,
Slavery ,
Small Business ,
Staffing Agencies ,
Temporary Employees ,
Tipped Employees ,
Tips ,
Title III ,
Title VII ,
Transparency Directive ,
Unfair or Deceptive Trade Practices ,
Wage and Hour
A corporation is an artificial or fictional person, ordinarily distinct from both its individual members or shareholders and its subsidiaries and affiliates, even when owned by just one person. A key reason many organizations...more